S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1394

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. ENGLEBRIGHT, CARROZZA, KOON, EDDINGTON, MAYERSOHN
  --  Multi-Sponsored  by  -- M. of A. ALFANO, BARRA, DESTITO, HOOPER --
  read once and referred to the Committee on Correction

AN ACT to amend the correction law, in  relation  to  requiring  monthly
  reports on community notification related to sex offenders

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraphs (b) and (c) of subdivision 6 of section 168-l of
the correction law, paragraph (b) as amended by chapter 106 of the  laws
of  2006 and paragraph (c) as separately amended by chapters 318 and 680
of the laws of 2005, are amended to read as follows:
  (b) If the risk of repeat offense is moderate, a level two designation
shall be given to such sex offender. In such case  the  law  enforcement
agency or agencies having jurisdiction and the law enforcement agency or
agencies  having  had  jurisdiction at the time of his or her conviction
shall be notified and may disseminate relevant information  which  shall
include  a  photograph  and  description  of  the offender and which may
include the exact name and any aliases used by the sex offender, approx-
imate address based on sex offender's zip code,  background  information
including the offender's crime of conviction, mode of operation, type of
victim  targeted,  the  name  and  address  of any institution of higher
education at which the sex offender is enrolled, attends, is employed or
resides and the description of special conditions imposed on the  offen-
der  to  any entity with vulnerable populations related to the nature of
the offense committed by such sex offender. Any entity receiving  infor-
mation on a sex offender may disclose or further disseminate such infor-
mation  at  its  discretion.  In addition, in such case, the information
described herein shall also be provided in the subdirectory  established
in  this  article  and  notwithstanding any other provision of law, such
information shall, upon request, be made available to the public.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD04209-01-9

A. 1394                             2

  Such law enforcement agencies shall compile,  maintain  and  update  a
listing  of  vulnerable organizational entities within its jurisdiction.
Such listing shall be utilized for notification of such organizations in
disseminating such information on level two sex  offenders  pursuant  to
this  paragraph.  Such  listing  shall  include  and  not be limited to:
superintendents of schools or chief school  administrators,  superinten-
dents  of parks, public and private libraries, public and private school
bus transportation companies, day care centers,  nursery  schools,  pre-
schools,  neighborhood  watch  groups,  community centers, civic associ-
ations, nursing homes, victim's advocacy groups and places of worship.
  SUCH LAW ENFORCEMENT AGENCIES SHALL GENERATE A  MONTHLY  REPORT  WHICH
SHALL BE MADE AVAILABLE TO THE PUBLIC, IDENTIFYING THE COMMUNITY NOTIFI-
CATION  PROCEDURES  IMPLEMENTED  FOR EACH OFFENDER. SUCH REPORT SHALL BE
AVAILABLE TO THE PUBLIC UPON  REQUEST.  SUCH  REPORT  SHALL  BE  UPDATED
MONTHLY.  SUCH  REPORT  WILL INCLUDE A LISTING OF EACH VULNERABLE ENTITY
NOTIFICATION MADE, EXCLUDING THE VICTIM AND INDIVIDUAL RESIDENTS.
  (c) If the risk of repeat offense is high and there exists a threat to
the public safety a level three designation shall be given to  such  sex
offender.  In  such  case, the law enforcement agency or agencies having
jurisdiction and the law  enforcement  agency  or  agencies  having  had
jurisdiction  at the time of his or her conviction shall be notified and
may disseminate relevant information which shall  include  a  photograph
and description of the offender and which may include the sex offender's
exact  name and any aliases used by the offender, exact address, address
of the offender's place of employment, background information  including
the  offender's  crime  of conviction, mode of operation, type of victim
targeted, the name and address of any institution of higher education at
which the sex offender is enrolled, attends, is employed or resides  and
the  description  of  special  conditions imposed on the offender to any
entity with vulnerable populations related to the nature of the  offense
committed  by  such  sex offender. Any entity receiving information on a
sex offender may disclose or further disseminate such information at its
discretion. In addition, in such case, the information described  herein
shall  also  be provided in the subdirectory established in this article
and notwithstanding any other provision of law, such information  shall,
upon request, be made available to the public.
  Such  law  enforcement  agencies  shall compile, maintain and update a
listing of vulnerable organizational entities within  its  jurisdiction.
Such listing shall be utilized for notification of such organizations in
disseminating  such information on level three sex offenders pursuant to
this paragraph. Such listing  shall  include  and  not  be  limited  to:
superintendents  of  schools or chief school administrators, superinten-
dents of parks, public and private libraries, public and private  school
bus  transportation  companies,  day care centers, nursery schools, pre-
schools, neighborhood watch groups,  community  centers,  civic  associ-
ations, nursing homes, victim's advocacy groups and places of worship.
  SUCH  LAW  ENFORCEMENT  AGENCIES SHALL GENERATE A MONTHLY REPORT WHICH
SHALL BE MADE AVAILABLE TO THE PUBLIC, IDENTIFYING THE COMMUNITY NOTIFI-
CATION PROCEDURES IMPLEMENTED FOR EACH OFFENDER. SUCH  REPORT  SHALL  BE
AVAILABLE  TO  THE  PUBLIC  UPON  REQUEST.  SUCH REPORT SHALL BE UPDATED
MONTHLY. SUCH REPORT WILL INCLUDE A LISTING OF  EACH  VULNERABLE  ENTITY
NOTIFICATION MADE, EXCLUDING THE VICTIM AND INDIVIDUAL RESIDENTS.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.