Sex Offender Alert Line

Section 1. The correction law is amended by adding a new section 168- pp to read as follows:

§ 168-pp. Sex offender alert line. 1. Pursuant to section one hundred sixty-eight-b of this article, the division shall also operate a telephone number, via the same special telephone number established pursuant to section one hundred sixty-eight-p of this article, to be known as the sex offender alert line, that members of the public may call free of charge to inquire as to whether or not any person listed on the registry is known to the division to reside within any one of three areas, designated by postal zip codes, provided by the caller. The caller shall be required to provide a telephone number to be called by the division to facilitate notice to the caller. The caller shall be required to specify whether a notification may be given only to the caller personally or given to an answering machine. The caller shall also be required to specify whether or not the break period pursuant to subdivision five of this section is to be observed.

2. The division may automate such sex offender alert line only to the extent provided in this section. The division shall divulge such information as is otherwise permitted by law to be divulged, and need not divulge via telephone any impractical amount of information, but may direct the recipient of the call to appropriate resources for further information, including but not limited to the division's homepage on the internet.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD02589-01-7

A. 892 2

3. When the telephone number is called, a preamble shall be played which shall provide the following information: (a) notice that the caller's telephone number will be recorded; (b) that there is no charge for use of the telephone number; (c) notice that the caller is required to identify himself or herself to the operator and provide current address and shall be maintained in a written record; (d) notice that the caller is required to be eighteen years of age or older; (e) a warning that it is illegal to use information obtained through the telephone number to commit a crime against any person listed or to engage in illegal discrimination or harassment against such person; (f) a statement that the number is not a crime hotline and that any suspected criminal activity should be reported to local authorities; and (g) a statement that an information package which will include a description of the law and sex abuse and abduction prevention materials is available upon request from the division. Such information package shall include questions and answers regarding the most commonly asked questions about the sex offender registration act, and current sex abuse and abduction prevention material.

4. The sex offender alert line shall accept calls from members of the public twenty-four hours per day, seven days per week. Notifications to callers shall be made as to any registered sex offenders residing within the given areas as of the time when the call is placed and as to any registered sex offenders entering residence within the given areas subsequent to the time when the call is placed.

5. Upon determining that any registered sex offender resides within a provided area, the sex offender alert line shall attempt to place calls to all persons who have requested notification for such areas every two hours during periods beginning at 7:00 a.m. and ending at 9:00 p.m. until the operator has confirmed the identity of the person requesting the alert and given the alert to such person, or given the alert to an answering machine, if so authorized, which giving of the alert to an answering machine may be performed by an automated process. Calls shall not be made between the hours of 3:00 p.m. to 6:00 p.m. (the break period, to prevent children from receiving such calls) if so specified by the member of the public. The notification shall be capable of being left on a telephone answering machine.

6. In addition, the division shall offer the service of the sex offender alert line on the division's homepage on the internet. When the internet option is used, the same service, free of charge, shall be offered, subject to the following modifications:

(a) additional information not required to be provided over the telephone pursuant to subdivision two of this section may be provided via the internet;

(b) the preamble information required by subdivision three of this section shall state that the internet user must furnish an e-mail address, which will be recorded, and may optionally furnish a telephone number, which will also be recorded;

(c) the internet user shall be afforded the option of receiving notice by telephone alone as provided for in this section, by e-mail alone, or by both telephone and e-mail;

(d) when e-mail notification is authorized, such notice shall be sent at the same time as a telephone call would be placed or is being placed in addition to the e-mail notification; and

(e) e-mail notification may be made by an automated process.

7. Information provided by a person requesting sex offender alert notification shall not be used or divulged to anyone except as necessary

A. 892 3

to carry out the provisions of this section or for law enforcement purposes.

8. In no case shall the state be held liable for failure to provide any notification required by this section.

§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately the division of criminal justice services is authorized to promulgate any and all rules and regulations and take any other measures necessary to implement this act.