Sets forth procedures to be followed in the event a sex offender fails to mail a signed verification within twenty calendar days of mailing by DCJS

BILL NUMBER:S2595

Title of bill

An act to amend the correction law, in relation to sex offender verification

Purpose or general idea of bill

The bill would enable law enforcement to better track offenders registered under the Sex Offender Registration Act ("SORA").

Summary of specific provisions

The bill requires the Division of Criminal Justice Services ("DCJS") to notify law enforcement officials if an offender listed on the statewide Sex Offender Registry does not promptly verify his or her address. The bill provides that if an annual verification of address form is not completed and returned to DCJS in a timely manner, the probation or parole officer assigned to the case or other local law enforcement officials will be asked to promptly visit the listed residence and confirm that the registrant continues to live there. If the officials confirm that the registrant continues to live at the listed address and the registrant signs the verification form, the Division may accept the form and assess a new civil penalty for the cost for verification, up to $200.00. If the registrant is not at the listed address or refuses to sign the verification documents, the district attorney and DCJS will be notified and the offender will face prosecution for failing to register and verify under SORA. A first such failure to register or verify is a class E felony; a second such offense is a class D felony.

Justification

New York has made tremendous strides in implementing SORA, and there are now more than 21,000 persons registered under this law. Although most registrants return annual verification information promptly, there are offenders who, although they have not moved, do not promptly verify their address. In order to better enforce the verification provisions of the law, this bill requires a prompt investigation any time verification documents are not returned in a timely manner. Where the registrant has moved or refuses to verify his or her address, arrest and prosecution will follow. When the registrant is living at the address and signs the verification document, the Division will assess the cost of the investigative interview to the registrant, up to $200.00. In this way, the bill assures that the registry is updated, and also helps to protect public safety by assuring a prompt investigation when verification documents are not immediately returned.

Prior legislative history

2009-10: S.2604 Reported and Committed to Codes/A.841 Passed Assembly 2008: S.5570A Senate Crime Victims, Crime and Correction Cmte./A.1179A Passed Assembly 2007: S.5570A Senate Rules Cmte./A.1179A Passed Assembly

2005-06: A.7707 Passed Assembly 2003-04: A.11602 Passed Assembly 6/21/2004

Fiscal implications for state and local governments

Added costs for implementing the law are expected to be small.

Effective date

Sixty days after the bill is signed into law.