BILL NUMBER:S7724

TITLE OF BILL:  An act to amend the correction law, in relation to sex
offender registration

PURPOSE: This bill would amend provisions of Article 6-C of the
Corrections Law regarding the Sex Offender Registration Act to clarify
certain obligations of the Division of Criminal Justice Services, and
to align the State's change of address registration requirements with
that of the federal law.

SUMMARY OF PROVISIONS:

Section one 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 two 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 three 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 of 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 four 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 five amends subdivision six of section 168-f of the correction
law to require any nonresident 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 six 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 seven 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 to educate about child sexual abuse and rape
prevention. Beginning May 1, 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 an 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 6-C 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 providing 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
photograph 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 in 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.