Expands the amount of information available about registered sex offenders on the division of criminal justice services website

Summary of provisions

Subdivision 6 of section 168-b of the correction law, as amended by chapter 106 of the laws of 2006 would be amended to change the reference to the subdirectory to a reference to the directory of sex offenders.

Section two of the bill amends paragraphs a, band c of subdivision 6 of section 168-1 of the Correction Law to describe what information about a sex offender is available on the Division homepage depending on whether the offender has been designated a level one, two or three risk.

Section three of the bill amends section 168-q of the Correction Law to change the title of the subdirectory to the Directory of Sex Offenders and to authorize certain information about level one sex offenders to be made available on the Division homepage in addition to the current information which is made available on level two and three sex offenders. Also provides that DCJS shall provide on its internet home page a means for a person to register to receive notice by mail whenever a sex offender moves into their zip code.

Section four of the bill provides that it takes effect 180 days after it becomes law.

Existing law

Currently, the Sex Offender Registration Act does not require all sex offenders to be accessible on the DCJS directory website. In addition, the Division must maintain a subdirectory of Sex offenders which is distributed to all local law enforcement agencies Monthly in addition to being maintained on the Division home page. In order to view the subdirectory, a person must provide his or her name in writing.

Justification

In New York State, a sex offender remains on the Sex Offender Registry for at least twenty years. Many offenders are required to register for life. A subdirectory of Sex Offenders is maintained on the Division of Criminal Justice services homepage. While this subdirectory provides valuable information concerning those offenders

who have been determined to pose a moderate or high risk, no similar information is provided about offenders found to pose a low risk of re-offense. A person must call the 800 number operated by the Division or be notified by a local law enforcement agency to learn of low risk offenders in the community.

To use the 800 number, the caller must have the sex offender's name and either the offender's exact address, date of birth, social security number or driver's license number. There is no fee for the 800 number. The 800 number has proved to be a useful screening tool for certain business and volunteer agencies however, it is not as useful for a person who wishes to know who may pose a threat to the community but does not know the specific identifying information required for an 800 number search. Making information about all registered sex offenders, based upon risk level, available on the Division home page will expand the utility of the Registry and enhance the safety of New York's most vulnerable citizens. Individuals and organizations who need access to Registry information will be able to obtain such information from any computer with access to the Internet without charge at a convenient time and will no longer be limited to calling the 800 number. In addition, by providing a mechanism whereby residents may register with DCJS to receive automatic e-mail notifications whenever an offender moves into their zip code will give individuals the peace of mind that they will be timely notified whenever there is an individual who may pose a risk living nearby. Furthermore, it takes away the burden of having to check the registry all the time to look for new offenders living in the community.

Currently, a local law enforcement agency is required, by statute, to provide public access to the subdirectory. Agencies accomplish this by providing a requestor with the use of a computer to view the subdirectory on the DCJS homepage.

Discontinuing access to the subdirectory at local law enforcement agencies will have little or no impact on the public. A number of law enforcement agencies have reported that the subdirectory is rarely, if ever, accessed by the public. While the public does not access the subdirectory at a police station very often, the subdirectory maintained on the home page is one of the most frequently visited sites on the Division home page. In December 2006, the subdirectory received 2,113,371 hits. Accessing the subdirectory at a law enforcement agency is a cumbersome task. A person wishing to view the subdirectory at a police station must ascertain the location and time that it is available for viewing. In many cases the viewing times are limited.

Further, many citizens may not feel comfortable requesting access at a police station. In contrast, the directory maintained on the Division home page is accessible 24 hours a day from the privacy of home. Individuals who do not have home access to the Internet may access the directory at a public library at no charge or any business which

furnishes Internet access for a fee. Moreover, any individual who accesses the directory from the Internet, may print the results of the search. Printing is often not an option when viewing the subdirectory at a police station.

Legislative history

2003/2004 Similar to 8.4007-A Passed Senate/Assembly Correction 2005/2006 Similar to 5.496-B Passed Senate/Assembly Correction 02/12/07 Referred to Correction 01/09/08 Referred to Correction

Fiscal implications

To be determined.

Effective date

180 days after the bill becomes a law.