Enacts Danielle DiMedici and Jessica Tush's Law; creates a registry for domestic abuse offenders

BILL NUMBER:S5896

Title of bill

An act to amend the correction law, in relation to enacting "Danielle DiMedici and Jessica Tush's Law"; and to amend the criminal procedure law, in relation to domestic abuse offenders

Purpose

Creates a domestic abuse offender registry similar to the registry for sex offenders.

Summary of specific provisions

Adds a new Article 6-D to the Corrections Law in regards to creating a registry for domestic violence offenders. Amends the criminal procedure law to add a new section 530.15 as to who is considered a domestic abuse offender. Allows the victim a reasonable opportunity to object to inclusion of the offender on the registry.

Justification

Establishing a registry of domestic abuse offenders would serve the dual purpose of protecting potential victims and providing an additional disincentive for recidivism. The legislation recognizes the privacy concerns that victims may have if the offender is placed on the registry and provides victims with a reasonable opportunity to object to an offenders inclusion on the registry.

Domestic abuse is most often a pattern of behaviors rather than a single instance of abuse. The state has recognized the need to capture information regarding these patterns by establishing the Domestic Incident Report form registry within the Department of Criminal Justice. The information collected in that registry will provide law enforcement with data necessary to track these patterns of behavior and to determine rates of recidivism. The state has also recognized that our current data is lacking, in part because victims of domestic abuse are often unwilling to cooperate with law enforcement and often fear retaliation for pursing their rights.

A registry will allow domestic abuse victims to know the location of their past offenders and will assist in empowering the victim to feel and be safer. In addition, a registry notifies potential victims if someone they are becoming involved with has a history of dangerous behavior. Providing this information has the potential to save lives.

In addition to protecting victims and potential victims, a registry will create a disincentive for additional abusive behavior, violating an order of protection or future violent behavior. Research has shown that "offenders with higher stakes in conformity are less likely to recidivate." ({1} John Wooldredge; Amy Thistlethwaite, Reconsidering Domestic Violence Recidivism: individual and Contextual Effects of Court Dispositions and Stake in Conformity, June 2001) The threat of public disclosure of this behavior, may, therefore, be an effective deterrent in some cases.

Prior legislative history

(2010) A.10265-A Referred to Correction; S.7720 Referred to Crime Victims, Crime & Corrections

Fiscal implications

Minimal, The information to be disseminated is already being collected and maintained by the Division of Criminal Justice pursuant to legislation enacted in 2009.

Effective date

This act shall take effect on the 180th day after it shall have become law, provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized to be made and completed on or before such date.