Relates to sex offender registration procedures

Summary of provisions

Section 1. Amends section 168-p of the correction law to allow members of the public to inquire as to whether up to five individuals required to register are listed on the sex offender registry during a single phone call. The provision clarifies that where a member of the public calls the Division of Criminal Justice Services to determine whether an individual is listed on the sex offender registry and such individual provides incorrect identifying information, this will not prohibit the caller from inquiring further as to the person's identity with additional identifying information during the same call.

Section 2. Amends paragraphs (a) and (b) of subdivision 2-a of section 168-p of the correction law to require that an organization, which is granted a pre-registered certificate may inquire as to whether an individual is listed on the sex offender registry in writing. The bill further provides that when an organization does inquire in writing it may do so as to the status of up to fifty individuals in one request. The Division of Criminal Justice Services must respond to the organization within five days.

Section 3. Amends subdivision one of section 168-q of the correction law to require the subdirectory to include the last known date the offender's address, place of employment and photograph were obtained. Additionally, section three establishes a new subparagraph (a) which requires that where an offender does not report an employment address, the division shall use the language, "Not Currently Reported" in the subdirectory under the employment address field Further, section three establishes a new subparagraph (b) which would require the division to include the offense for which the sex offender was convicted in another jurisdiction outside the State. The division shall also include, but is not limited to, the title, section, subsection, class, category and degree of offense for which the sex offender was convicted in another jurisdiction.

Section 4. Amends subdivision four of section 168-f of the correction law to require any sex offender required to register with the division to register within three days after a change of address, internet accounts with internet access providers, internet identifiers that such offender uses or his or her status of enrollment, attendance, employment or residence At any institution of higher education

Section 5 Amends subdivision six of section 168-f of the correction law to require any non-resident workers or nonresident students required to register with the division to register within three days after any change of residence, employment or educational institution address.

Section 6. Amends subdivision one of section 168-k of the correction law to require any sex offender required to register with the division to register within three calendar days after such offender establishes residence in the state

Section 7. Establishes that the bill would take effect immediately.

Justification

For nearly two decades, Parents for Megan's Law Inc., a not-for-profit organization, has staffed the Megan's Law Helpline. The Helpline is designed to provide the community information on how to access sex offender registration information, responsible use of information and the educate about child sexual abuse and rape prevention. Beginning May, 2013, Parents for Megan's Law was contracted by the County of Suffolk to assist them in their efforts of ensuring that sex offender registration information was up-to-date and accurate. In collaboration with the Suffolk County Police Department, agency retired law enforcement officers conduct in-person verifications of registered sex offenders residing in the County of Suffolk The public relies upon and up-to-date and accurate sex offender registry to assist them in making decisions relating to protecting themselves and their children from known registrants.

Parents for Megan's Law has discovered issues relating to the public's accessibility to, and the accuracy of, information on the Sex Offender Registry run by the Division of Criminal Justice Services (DCJS). This bill is a result of continuous discussions with the organization on provisions which would strengthen the accuracy of information on the registry, as well as clarify the responsibilities of DCJS under Article 6c of the correction law.

Currently under the correction law, a not-for-profit organization providing youth services may pre-register with the division for use of a designated number to inquire into whether an individual is listed on the registry. The law specifically states that a pre-registered organization may inquire about twenty individuals in a single call. Although not enumerated in the law, organizations which fall into this category are able to submit requests in writing, but DCJS has failed to respond to these inquiries in a timely fashion. This bill would expressly provide preregistered organizations to inquire in writing as to whether individuals are listed on the registry and would require the division to respond to requests of up to fifty individuals within five days This will ensure DCJS responds within a timely manner and the organizations are not delayed in provident their services to the public. Additionally, Parents for Megan's law has found that when calling to inquire about an individual, DCJS will not allow further inquiry into whether an individual is registered on the list, where the caller provides inaccurate identifying information, a wrong address for example. The division requires the caller to call back and inquire about the same individual in a separate call, instead of

allowing the caller to provide another piece of identifying information, such as the individual's date of birth. The bill clarifies that an individual may continue to inquire as to whether an individual is on the registry where the caller initially provides inaccurate identifying information. The bill also establishes that the caller may inquire into the registration status of up to five individuals per call to alleviate the division from being inundated with calls.

Parents for Megan's Law further found that DCJS has implemented a policy where they will not provide the date a level one sex offender's photo graph was taken. The correction law requires a level one sex offender to appear in person every three years to have an updated photograph taken for the registry. The date on which the photograph was taken is instrumental in aiding law enforcement identify these individuals and would allow them to better gage the current physical appearance of an offender based on when the photograph was taken. This bill alleviates this burden by requiring the division to put on the register the last known date an offender's address, place of employment and photograph were obtained. The organization has also found some information on the registry to be ambiguous, specifically the employment address field, which is often times left blank. In order to provide clarity to organizations responsible for ensuring the information on the registry is accurate DCJS, where an offender does not provide an employment address, must enter into the employment address field, "None Currently Reported" Further, the bill also requires DCJS to include in the directory the specific offense committed by a sex offender in another jurisdiction which requires the offender to register in the state. This measure will ensure that the organizations and law enforcement responsible for in-person verifications of registered sex offenders have access to the most recent whereabouts and status of those required to be on the registry.

The bill amends sections 168-f and 168-k regarding the amount of time a sex offender has to register his or her change of address. Under the Adam Walsh Child Protection and Safety Act of 2006, the federal government established that an individual required to register with the national sex offender registry must provide his or her change of address within three days after such change. However, under New York's correction law, sex offenders are given ten days to report their change of address to DCJS. Parents for Megan's Law has found that the extra seven days afforded offenders have sometimes resulted in law enforcement being misled by transient offenders. Amending the State's current ten day registration requirement to three days would provide the community with a better understanding of the whereabouts of these individuals during transition periods.

The provisions of this bill would allow DCJS and partnering organizations, such as Parents for Megan's Law, to ensure the public and law enforcement enfettered access to the whereabouts of sex offenders required to register under the law.

Legislative history

New bill

Fiscal implications

None to the State

Effective date

Immediately.