Relates to the notification requirements of sex offenders

Section 2 of the bill would amend Correction Law . 168-a(2)(d) to require that persons convicted of any crime, not just a felony, in another jurisdiction for which registration as a sex offender is required are required to register when establishing a residence in New York.

Section 3 of the bill would amend Correction Law . 168-a(2)( e) to require that persons convicted of an attempt to commit unlawful surveillance in the second degree, as defined in Penal Law §250.45(2)(3) or (4), must register as sex offenders.

Section 4 of the bill would amend Correction Law §168-f(2)(b-2), (b-3) and (c) to require a Level 2 sex offender to appear in person at the local law enforcement agency having jurisdiction every year for a photograph, and to provide that a sex offender who fails to mail an annual verification form within 10 days of receipt of the form from the Division of Criminal Justice Services (DCJS) would be guilty of a violation of the requirement to annually verify a residence address, even if the offender has not changed his or her residence address.

Section 5 of the bill would amend Correction Law § 168-f(3) to require a Level 3 sex offender or a sexual predator to personally verify his or her address with the local law enforcement agency having jurisdiction no later than 10 days after release or relocation and then every 90 days thereafter.

Section 6 of the bill would amend Correction Law § 168-1(6)(b) to authorize a local law enforcement agency providing community notification concerning a Level 2 sex offender to provide citizens with the offender's exact address.

Section 7 of the bill would amend Correction Law § 168-q to eliminate the requirement that a subdirectory of Level 2 and 3 offenders be distributed to local law enforcement agencies and updated monthly.

Section 8 of the bill would amend Correction Law § 168-o(3) to authorize a court in which an offender has been convicted of a new offense to hear a petition to modify the offender's risk level rather than just the court that determined the original risk level.

Section 9 of the bill would add a new Criminal Procedure Law (CPL) § 2040(4)(n) to provide that a prosecution for failure to register or verify may be brought in any court having jurisdiction over the place the offender is currently residing, the place the offender previously resided, the place the offender reported that he or she was residing to DCJS or any place the offender was residing when he or she reported an address to DCJS.

Section 10 of the bill would amend CPL § 190.30(3-a) to allow the introduction in a grand jury of a statement concerning the lack of certain sex offender registration forms.

Section 11 of the bill would amend CPL § 720.10(2)(a) to add certain felony sex offenses to the list of offenses which disqualify a person from being found an "eligible youth."

Section 12 of the bill would amend CPL § 720.10(3) to allow a court to find that a person is an "eligible youth," notwithstanding a conviction for a disqualifying felony sex offense, only when certain mitigating factors exist.

Section 13 of the bill would provide for an immediate effective date.

Existing law

Under the existing SORA statute, only persons convicted of a felony in another jurisdiction for which registration is required must register in New York State. Additionally, a sex offender who fails to annually verify his or her address is not in violation of the statute if he or she has not changed residence address. A Level 3 sex offender or a sexual predator is required to personally verify his or her address with the local law enforcement agency having jurisdiction every 90 days after release. Currently, Level 1 and 2 sex offenders must appear for a photograph every 3 years. Local law enforcement agencies may only notify the public of the approximate address based on zip code of a Level 2 sex offender. Only the court that sentenced a sex offender or made a risk level determination can modify an offender's risk level following a conviction for a new crime.

Neither the SORA statute nor the CPL contains any provision specifying the proper geographical jurisdiction for prosecution of a failure to register offense. Youthful offenders are not required to register as sex offenders. The CPL specifies only three enumerated sex offenses that disqualify the person convicted from youthful offender treatment.

Statement in support

SORA was enacted to enable citizens and law enforcement to monitor the whereabouts of offenders. While it has been an effective tool in keeping communities safe, experience has shown that there are several shortcomings in the law that may sometimes undermine its objectives. This legislation would address the deficiencies in the current statute.

SORA requires DCJS to mail a verification form to each registered sex offender's last reported address each year in order to verify that the offender's address listed on the registry is accurate. The offender is required to sign the form and return it to DCJS within 10 days of receipt. If the form is returned to DCJS by the United States Post Office, or is not returned at all, DCJS notifies the appropriate law enforcement agency that the offender has failed to return his or her annual verification. Because SORA currently provides that a sex offender is in violation of this section unless he or she proves that he or she has not changed his or her residence address, some offenders who have not changed their residence address do not return the form to DCJS. This flouting of the verification requirement results in wasted law enforcement resources used in determining whether the offender is actually present at the last reported address. By allowing prosecution of all offenders who fail to verify their addresses, all offenders will have an incentive to comply with the law, local law enforcement agencies and the community will have a greater assurance that the address reported on the registry is correct and offenders who properly report their address to DCJS will not be subject to unnecessary intrusion by police.

This proposal will further enhance public safety by requiring high risk sex offenders and sexual predators to personally appear before the local law enforcement agency within 10 days of release or relocation, instead of the current 90 days. In addition to giving law enforcement agencies an earlier opportunity to meet and evaluate dangerous sex offenders, this amendment will assist offenders in meeting their registration obligations by providing clearer direction as to exactly when the personal verification is due. Further, requiring a Level 2 sex offender to appear personally at a law enforcement agency each year for a photograph, rather than every three years, will enhance public safety by allowing the law enforcement agency to personally interact with the offender each year and by ensuring that the photograph on the· DCJS website is accurate.

A Subdirectory of Level 2 and Level 3 sex offenders is maintained on the DCJS homepage. While SORA was amended in 2006 to authorize DCJS to maintain information about Level 2 offenders, including the exact address, on the subdirectory, no corresponding amendment was made to allow law enforcement to provide such offenders' actual addresses to the community. This has created an absurd and unworkable situation whereby a police agency cannot inform the public of a Level 2 offender's address, even though the address is available on the DCJS website. The local law enforcement agency cannot even print the offender's details from DCJS's public website for distribution to the public, depriving them of an easy, low cost manner of community notification. This flaw also disadvantages citizens who do not have ready access to the Internet by depriving them of access to information that is provided to Internet users. Further, when SORA was first enacted, the Subdirectory was printed and distributed to law enforcement agencies by DCJS. Given the number of offenders listed on the Subdirectory, it soon became impossible to create a printed Subdirectory. Several years ago, DCJS discontinued print access and directed law enforcement agencies to allow the public to view the Subdirectory through the DCJS website. However, the outdated language directing the annual distribution and monthly updating remains in the law and should be removed to reflect current practice.

This proposal would authorize any court in which a sex offender stands convicted of a new crime, which may indicate an increased risk of repeat sex offense, to increase the offender's risk level. Currently, only the court that made the original risk level determination can hear such a petition. Therefore, when a sex offender commits another crime, which has an impact on his or her threat to the community, in a county other than the one in which he or she was convicted of the sex offense requiring registration, the District Attorney in the latter county is powerless to initiate an increase in the sex offender's risk level.

This proposal would also assist local prosecutors in enforcing SORA by clearly defining which courts have jurisdiction over a defendant who fails to register. When a registered sex offender provides a false address or fails to personally verify his or her address if required, it is unclear where a prosecution for failure to register or verify may be brought. This proposal would allow a prosecution to be brought in the county in which an offender is found to be residing, the county in which an offender previously resided and left without notifying DCJS of a change of address, the county in which an offender notified DCJS that he or she was residing or the county in which an offender was present when he or she reported an address to DCJS. In cases where an offender moves or is released from incarceration and provides a false address to DCJS, questions are often raised as to which court has jurisdiction over the failure to register or verify offense. This jurisdictional confusion makes it more difficult for a law enforcement agency to obtain a warrant and hampers the ability of police and prosecutors to hold sex offenders responsible for their attempts to flout the law.

A prosecutor seeking to hold a registered sex offender accountable for his or her failure to register must obtain the personal testimony of a member of DCJS's registry staff or follow the somewhat complicated procedures of the Civil Procedure Laws and Rules to introduce evidence that an offender did not file a change of address or other information with DCJS. This proposal would amend the CPL to allow a report that the registry does not have a particular sex offender record to be admitted in a grand jury proceeding, saving employee time and travel costs that would otherwise be incurred by requiring the in person testimony of a DCJS registry employee.

Currently, only three sex offenses u rape in the first degree, criminal sexual act in the first degree and aggravated sexual abuse -- disqualify an individual from being adjudicated an eligible youth and accorded youthful offender treatment. Unlike a conviction, a youthful offender adjudication does not subject the person adjudicated to registration as a sex offender. CPL § 720.10(2)(a) has not been amended since 1986. Since that time, New York has added several sex crimes to the Penal Law, including course of sexual conduct with a child in the first and second degrees, facilitating a sex offense with a controlled substance and sexual abuse in the first degree. Young offenders who commit these crimes, as well as other serious sex offenses, should be eligible for registration in some circumstances. This proposal would update the list of disqualifying offenses to include a number of Class B, C and D felony sex offenses, thus ensuring that dangerous sex offenders cannot hide behind the anonymity of youthful offender treatment. Nonetheless, where an offender can show, and a court finds, certain mitigating circumstances, a judge may grant youthful offender protections despite the conviction for these disqualifying crimes.

Budget implications

This bill would have no State or local fiscal impact.

Effective date

This bill would be effective immediately, except the provision relating to the registration of out-of-state offenders would apply only to those out-of state offenders who establish a residence in New York after the effective date of the act.