Enacts the "domestic violence registration act"

Summary of provisions

The correction law is amended by adding a new article 6-B to be known as the Domestic Violence Registration Act.

Section 165-a. 1. The division shall establish and maintain a file of domestic violence offenders required to register with specific information such as name, aliases used, date of birth, a photograph and set of fingerprints as well as other information deemed pertinent by the division. 2. The division is permitted to share information with national and regional registries of domestic violence. 3. The division shall create a standardized registration form to be used by appropriate authorities. 4. Annual verification requirements will be conducted, 5. A telephone number will be provided for verification requirements. 6. A public awareness campaign about domestic violence will be launched by the division. 7. The division may charge a fee often dollars for processing registration changes. 8. Outlines provisions for release of information to any such person. 9. Establishes procedure when dealing with sharing of information with an internet entity.

Section 165-b. Establishes requirements and procedures for domestic violence offender relocation notification upon release from a correctional facility, hospital, or probationary residence. In the case of a domestic violence offender who escapes from a correctional facility, hospital, or probationary residence, appropriate authorities must be notified within twenty-four hours. Registration materials and correspondence regarding their right to relocate will be provided annually.

Section 165-c. It is the responsibility of the court to certify an offender as a domestic violence offender and thus required to register.

Section 165-d. Upon discharge of a domestic violence offender from a correctional facility or hospital, etc. the offender shall be informed 1.5 days prior to discharge of the requirement to register.

Section 165-e. At least ten calendar days prior to discharge, each domestic violence offender shall be required to register with the division. Any changes in status or address must be reported within ten days after such change.

Section 165-f. The department of probation and correctional alternatives shall determine the duration or registration notification for domestic violence offenders who are on parole or probation. It is the duty of the parole or probation officer to inform the offender of such registration requirements and assist them with registering.

Section 165-g. Registration shall be annually for a period of twenty years.

Section 165-h. The offender shall provide a statement in writing to be maintained in the individual's file.

Section 165-i. Further outlines change of address notifications and requirements.

Section 165-j. Establishes change of address requirements from another state. The division will provide information regarding change of address notification requirements in the form of letters and notice forms.

Section 165-k. Establishes a special telephone number for members of the public to call free of charge to inquire whether an individual is required to register or is already registered. The caller is required to provide his or her identity to the operator which will be maintained in a written record. This section also outlines other notices and statements to be provided to the caller. Non-profit and not-for-profit youth organizations may use the special telephone number to inquire if named individuals are listed on the registry. The division shall submit to the legislature an annual report on the operation of the special telephone number.

Section 165-l. Officials and employees are immune from liability for providing appropriate and authorized information.

Section 165-m. On or before February 1st of each year the division shall provide a report to the governor and legislature.

Section 165-n. Domestic violence offenders who fail to register will be charged with a class E felony upon conviction for the first offense and a second offense shall be a class D felony.

Section 165-o. The unauthorized release of any information required by this article shall be a class B misdemeanor.

Justification

On March 14, 2011, Senator Greg Ball, Chairman of the Committee on Veterans, Homeland Security and Military Affairs held a hearing on the current status, quality of life and health of veterans and military service members in the State of New York. The most startling and emotional testimony came from Mr. Harold Cooney Northeast Region Liaison from the Office of the Deputy Assistant Secretary of Defense and Ms. Tanya Towne a veteran of the National Guard, on the current custody issues facing our military service men and women.

In 2004, Ms. Towne's National Guard unit was deployed to Tikrit, Iraq. A temporary order was issued for her son to stay with his father, Ms. Towne's ex-husband. Shortly before Ms. Towne was expected to return home, her ex-husband filed, and was granted permanent custody of their son.

When returning home from an 18 month tour guarding conveys in Iraq, away from her home and family, Ms. Towne was not greeted by her son. Her husband refused to let him attend her homecoming. Ten days letter Ms. Towne appeared in court to re-gained custody and was denied. A custody trial was scheduled for February 2006, in the meantime her son would stay with his father.

Ms. Towne withdrew money from her retirement account to pay for a lawyer and prepared to go to trial. When Ms. Towne's husband was asked why he had never fought for custody previously he admitted that until Towne went to Iraq, there were no grounds - drawing the conclusion that if Ms. Towne's had never gone to serve her country, she would still have primary, uncontested custody of her son. In August of 2006 a Judge ruled the Ms. Towne's ex-husband provided a more stable environment and awarded him primary custody of their son.

Regardless of the financial burden, Ms. Towne fought on. Her appeal came before the Appellate Division for the Third Judicial Department of New York State Supreme Court in October of 2007. Ms. Towne's attorney vehemently argued it was inappropriate for the family court to use her deployment as grounds to contest a custody arrangement. On January 3, 2008 after a two year custody battle the Judges ruled that the "consequences of her extended absence" had to be considered in awarding custody of her son, and it wasn't in the best interest to move him again. Ms. Towne's ex-husband was granted permanent custody.

In Ms. Towne's emotional testimony she stated the obvious - soldiers should not have to chose between serving between their country and losing their family. If she knew she was going to lose her child she would have done anything to not have gone overseas.

Military service members sacrifice insurmountable amounts of time away from their families, it is embarrassing and inexcusable that New York State would allow them to lose their children, due to their military service. The state of Arizona and California have laws that bar a parent's deployment from being considered at all in a change-of-custody hearing and North Carolina has both protections. In states like Michigan and Kentucky, the order of custody for Ms. Towne's son would've automatically expired upon Ms. Towne's return.

Pentagon officials and military-family support groups say there are no statistics on the number of military parents who have lost custody of their children following deployments - but they agree that the number is increasing. This legislation is imperative to ensure the best interests of both military service members and their families are protected. Military service men and women should be concerned and focused on the protection of our country, not their families.

Legislative history

New Bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.