Shortens the periods within which sex offenders must appear to have a photograph taken and provide notice of changes of address, internet accounts, and enrollment, employment or residence at higher education

Summary of provisions

Section 1. Amends section 168-c of the correction law as amended by chapter 11 of the laws of 2002 to extend under current law the amount of time a correctional facility is required to notify the division of a contemplated release of a sex offender from 10 calendar days to 30 calendar days.

Section 2,. Amends section 168-e of the correction law as amended by chapter 11 of the laws of 2002 to extend under current law the amount of time a convicted sex offender is to be notified by a facility of confinement or commitment of his/her duty to register as a sex offender from fifteen calendar days to thirty-five calendar days prior to any discharge, parole, release to port-release supervision, or release from a state or local correctional facility, hospital or institution of confinement or commitment.

Section 3. Amends paragraphs (b-2), (b-3) and (c-1) of subdivision 2 of section 168-f of the correction law as added by section 2 of part O of chapter 56 of the laws of 2005 to require that a convicted sex offender:

* given a level three designation, to personally appear at the law enforcement agency having jurisdiction within ten days of the first anniversary of registering for the purpose of providing a current photograph instead of 20 days.

* given a level one or two designation, to personally appear at the law enforcement agency having jurisdiction within ten days of the third anniversary of registering for the purpose of providing a photograph instead of 20 days,

* be in violation of this section of law if he/she fails to personally appear before the law enforcement agency within the ten days of the anniversary of the initial registration.

Section 4. Amends section 168-f of the correction law as amended by chapter 67 of the laws of 2008 to reduce the time under current law from 10 days to 5 days that a convicted sex offender can register a change of address, internet information and attendance, employment or residence at a higher education institution; as well as chapter 11 of the laws of 2002 to reduce the time under current law that a nonresident worker or nonresident employee that is a convicted sex offender can register a change of address, internet information and

attendance or employment at a higher education institution from 10 days to 5 days.

Section 5. Amends section 168-k of the correction law as amended by chapter 146 of the laws of 2004 to reduce the amount of time under current law from 10 days to 5 days that a convicted sex offender who has established residence in this state is required to notify the division of this change

Justification

It is of the utmost importance that local law enforcement is aware of a sex offender's place of residence at all times. Under current law a sex offender has too much of a grace period to notify law enforcement of changes in address, employment, internet activity, providing updated photographs, etc. This bill decreases the amount of time the sex offender has to make these notifications to law enforcement. Therefore, creating less time such offender is in a location either living or working unbeknownst to law enforcement. In addition, this legislation also increases the time that is given to a sex offender of their notice to register as a sex offender upon release of their confinement or commitment so that they have ample time to make arrangements for where they will be residing and to what law enforcement agency they will be appearing before for notification purposes. Having additional time while still confined or committed to understand their registration requirements and make such arrangements for doing so once released will allow for a less rushed transition for the offender and any involved law enforcement entities.

Legislative history

New legislation

Fiscal implications

To be determined.

Effective date

This act shall take effect on the sixtieth day after it becomes a law