Requires level 3 sex offenders and sexual predators to report to the law enforcement agency having jurisdiction to provide a current photograph every 90 days

2 Co-sponsors

• George D. Maziarz
• Diane J. Savino

BILL NUMBER:S3918

Title of bill

An act to amend the correction law, in relation to requiring level three sex offenders and sexual predators to have a photograph taken every ninety days during each verification appearance; and to amend the correction law and the executive law, in relation to requiring level three sex offenders and sexual predators to have a photograph taken at law enforcement agencies having jurisdiction when a probation officer or parole officer notices a significant change in the physical appearance of the sex offender

Purpose

To make sure that law enforcement and the public have the most updated photos of level three sex offenders and sexual predators.

Summary of provisions

Section 1. Paragraph (b) of subdivision 1 of section 168-b of the correction law is amended to include offenders listed as "sexual predators" and to require updated photographs every ninety days and at any time that is directed by a probation officer or parole officer.

Section 2. Paragraph (b-2) of subdivision 2 of section 168-f of the correction law is amended to include offenders listed as "sexual predators" and to require the appearance of such offenders at the law enforcement agency having jurisdiction every ninety days after his or her initial registration and at any time as directed by a probation officer or parole officer.

Section 3. Subdivision 3 of section 168-f of the correction law is amended to require a current photograph to be provided at the time of sex offender address verification and at any time as directed by a probation officer or parole officer.

Section 4. The executive law is amended by adding a new section 256-b, to allow probation officers to determine if a sex offender's physical appearance has significantly changed and is no longer an accurate representation, and thus require the sex offender to provide a new photograph.

Section 5. Section 259-i of the executive law is amended by adding a new subdivision 3-a to allow parole officers to determine if a current photograph is required of sex offenders who are released, paroled, or conditionally released and have significantly changed his or her appearance.

Section 6 provides for an effective date of 120 after enactment with provisions.

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. There are currently no regulations to address changes in physical appearance which would allow a registered sex offender to be unidentifiable by drastically changing his or her appearance. Requiring updated photographs of sex offenders to ensure the image filed with the Sex Offender Registry is current, will expand the utility of the Registry and enhance the safety of New York's most

vulnerable citizens. Law enforcement, individuals and organizations who need access to Registry information will be able to obtain such photographs and prevent any discrepancies in physical appearance of level three sex offenders and sexual predators.

Legislative history

2012 S. 6074 Finance Committee/A. 8916 Correction Committee

Fiscal implications

None.

Effective date

This act shall take effect on the one hundred twentieth day after it shall have become a law, provided that, effective immediately, any rules and regulations necessary to implement the provisions of this act are authorized and directed to be completed on or before such date.