What's happening
This bill requires youth organizations to check the sex offender registry for all volunteers who have direct contact with youth.
Why it matters
Expands background check requirements. This bill broadens the scope of background checks by requiring all youth organizations (not just certain types) to check the statewide sex offender registry before allowing volunteers to have direct contact with minors, potentially increasing safety across a wide range of programs.
Covers both new and existing volunteers. By mandating that all current volunteers with direct youth contact undergo a registry check by a set deadline (January 1, 2018), it aims to close loopholes where existing volunteers might otherwise avoid scrutiny.
Ensures transparency for volunteers. Organizations must notify volunteers or applicants before performing the registry check and give them a chance to withdraw, balancing organizational safety with individual privacy and consent concerns.
Sets penalties for non-compliance. The bill introduces civil penalties for organizations that fail to conduct required checks or knowingly allow registered sex offenders to volunteer, providing a financial deterrent to non-compliance and reinforcing the seriousness of the mandate.
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Who cares
Youth sports, recreation and religious organizations
Organizations using volunteers to supervise youth would have to check the sex offender registry before allowing volunteers direct contact with children under 18 and check active volunteers by January 1, 2018.
Current and prospective youth volunteers
Volunteers facing registry checks would have to receive advance notice and an opportunity to stop volunteering before the inquiry, and those found listed would be barred from direct-contact volunteer roles.
Division of Criminal Justice Services
Youth organizations would request checks of the division’s statewide sex offender registry through the designated telephone number and would be subject to restrictions on using and sharing registry information.
Office of Children and Family Services
The commissioner could impose civil penalties of up to $200 for a youth organization’s second or subsequent willful violation.
Headline styles
Check Volunteers for Sex Offenses
Plain English, a few words. Used as the page title.
Sponsors
4 Multi-sponsors
History
- Referred to correction
- Referred to correction
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3106
2017-2018 Regular Sessions
IN ASSEMBLY
January 26, 2017
Introduced by M. of A. AUBRY -- Multi-Sponsored by -- M. of A. COOK, GALEF, MAGEE, PERRY -- read once and referred to the Committee on Correction
AN ACT to amend the social services law, in relation to sex offender registry checks for youth organization volunteers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The social services law is amended by adding a new section 378-b to read as follows:
§ 378-b. Sex offender registry checks for youth organization volunteers. 1. As used in this section:
(a) "Youth organization" means any public or private agency, organization, association or group organized and functioning, in whole or in part, for the purpose of providing youth with the opportunity to participate in supervised activities, including but not limited to sporting, recreational, educational or religious activities. As used herein, "youth organization" shall include only those organizations that use volunteers to supervise youth and exclude institutions which are sanctioned by the state education department to provide educational instruction to youth.
(b) "Youth" means a person under the age of eighteen.
2. (a) Before any person is permitted to volunteer his or her services with a youth organization where such person is expected to have direct contact with youth, such youth organization must, by use of the special telephone number described in section one hundred sixty-eight-p of the correction law, request that an inquiry be made of the statewide sex offender registry operated by the division of criminal justice services to determine whether the prospective volunteer is listed in the registry as a person who must register as a sex offender or a sexually violent predator under article six-C of the correction law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08329-01-7
A. 3106 2
(b) No later than January first, two thousand eighteen, youth organizations shall cause to be conducted the statewide sex offender registry inquiry described in paragraph (a) of this subdivision for all active volunteers of such organization where such volunteer has direct contact with youth. Any subsequent statewide sex offender registry inquiries initiated by such youth organization shall be made at the discretion of the youth organization.
3. A youth organization, prior to initiating the statewide sex offender registry inquiry described in paragraphs (a) and (b) of subdivision two of this section, shall inform the volunteer or person seeking to volunteer his or her services that such inquiry will be performed. The youth organization shall provide the volunteer or prospective volunteer the opportunity to cease such volunteer services before such inquiry is initiated.
4. A youth organization is prohibited from permitting any person determined to be listed in the statewide sex offender registry pursuant to paragraphs (a) and (b) of subdivision two of this section to volunteer his or her services with such organization where such person has or is expected to have direct contact with youth.
5. The provisions of article six-C of the correction law which restrict the use and dissemination of information obtained from the statewide sex offender registry shall apply to youth organizations.
6. A willful violation of any of the provisions of this section shall subject such organization to a civil penalty of not more than one hundred dollars provided, however, that for a second or subsequent violation the commissioner of the office of children and family services may impose a civil penalty of not more than two hundred dollars.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.