S T A T E O F N E W Y O R K
________________________________________________________________________
2297
2011-2012 Regular Sessions
I N A S S E M B L Y
January 18, 2011
___________
Introduced by M. of A. COLTON -- read once and referred to the Committee
on Correction
AN ACT to amend the executive law and the correction law, in relation to
authorizing the governor to enter into compacts with other states for
out-of-state sex offender registration
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The executive law is amended by adding a new article 13-B
2 to read as follows:
3 ARTICLE 13-B
4 OUT-OF-STATE SEX OFFENDER REGISTRATION
5 SECTION 268. COMPACTS WITH OTHER STATES FOR OUT-OF-STATE SEX OFFENDER
6 REGISTRATION.
7 S 268. COMPACTS WITH OTHER STATES FOR OUT-OF-STATE SEX OFFENDER REGIS-
8 TRATION. 1. IN FURTHERANCE OF THE PROVISIONS OF SUBDIVISION TWO OF
9 SECTION ONE HUNDRED SIXTY-EIGHT-B AND SECTION ONE HUNDRED SIXTY-EIGHT-U
10 OF THE CORRECTION LAW, THE GOVERNOR IS HEREBY AUTHORIZED AND DIRECTED TO
11 NEGOTIATE AND ENTER INTO A COMPACT ON BEHALF OF THE STATE OF NEW YORK
12 WITH ANY STATE OF THE UNITED STATES OF AMERICA LEGALLY JOINING THEREIN
13 IN THE FORM SUBSTANTIALLY AS FOLLOWS:
14 A COMPACT
15 ENTERED INTO BY AND AMONG THE CONTRACTING STATES, SIGNATORIES HERETO,
16 THE CONTRACTING STATES SOLEMNLY AGREE:
17 (A) THAT IT SHALL BE COMPETENT FOR THE DULY CONSTITUTED JUDICIAL AND
18 ADMINISTRATIVE AUTHORITIES OF A STATE PARTY TO THIS COMPACT TO MAKE THE
19 INFORMATION IN SUCH PARTY'S SEX OFFENDER REGISTRY AVAILABLE TO THE
20 AUTHORITY WHICH MAINTAINS THE SEX OFFENDER REGISTRY OF ANOTHER STATE
21 PARTY TO THIS COMPACT FOR THE PURPOSE OF SHARING INFORMATION AND MONI-
22 TORING OR ASCERTAINING THE STATUS OR LOCATION OF ANY SEX OFFENDER OR SEX
23 OFFENDERS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07366-01-1
A. 2297 2
1 (B) THAT EACH STATE PARTY SHALL IMMEDIATELY PROVIDE NOTICE TO THE
2 APPROPRIATE AGENCY OF ANOTHER STATE PARTY WHOM SUCH PARTY HAS KNOWLEDGE
3 THAT A SEX OFFENDER HAS LEFT THE STATE AND THE DESTINATION OF SUCH SEX
4 OFFENDER, IF KNOWN.
5 (C) THAT THE DULY ACCREDITED OFFICERS OF A STATE PARTY IN WHICH A SEX
6 OFFENDER IS REQUIRED TO REGISTER AND/OR VERIFY SUCH REGISTRATION WITH
7 SUCH STATE'S SEX OFFENDER REGISTRY MAY AT ALL TIMES ENTER ANOTHER STATE
8 PARTY AND THERE APPREHEND AND RETAKE ANY SUCH SEX OFFENDER WHO FAILS TO
9 REGISTER AND/OR VERIFY SUCH REGISTRATION WITH THE SEX OFFENDER REGISTRY
10 OF SUCH OTHER STATE.
11 (D) THAT THE GOVERNOR OF EACH STATE MAY DESIGNATE AN OFFICER WHO,
12 ACTING JOINTLY WITH LIKE OFFICERS OF OTHER CONTRACTING STATES, IF AND
13 WHEN APPOINTED, SHALL PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE
14 DEEMED NECESSARY TO MORE EFFECTIVELY CARRY OUT THE TERMS OF THIS
15 COMPACT.
16 (E) THAT THIS COMPACT SHALL BECOME OPERATIVE IMMEDIATELY UPON ITS
17 RATIFICATION BY ANY STATE AS BETWEEN IT AND ANY OTHER STATE OR STATES SO
18 RATIFYING. WHEN RATIFIED IT SHALL HAVE THE FULL FORCE AND EFFECT OF LAW
19 WITHIN SUCH STATE, THE FORM OF RATIFICATION TO BE IN ACCORDANCE WITH THE
20 LAWS OF THE RATIFYING STATE.
21 (F) THAT THIS COMPACT SHALL CONTINUE IN FORCE AND REMAIN BINDING UPON
22 EACH RATIFYING STATE UNTIL RENOUNCED BY IT. THE DUTIES AND OBLIGATIONS
23 HEREUNDER OF A RENOUNCING STATE SHALL CONTINUE AS TO SEX OFFENDERS
24 RESIDING THEREIN AT THE TIME OF WITHDRAWAL. RENUNCIATION OF THIS COMPACT
25 SHALL BE BY THE SAME AUTHORITY WHICH RATIFIED IT, BY SENDING SIX MONTHS'
26 NOTICE IN WRITING OF ITS INTENTION TO WITHDRAW FROM THE COMPACT TO THE
27 OTHER STATES PARTY HERETO.
28 2. THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL
29 HAVE POWER AND SHALL BE CHARGED WITH THE DUTY OF PROMULGATING SUCH RULES
30 AND REGULATIONS AS MAY BE DEEMED NECESSARY TO CARRY OUT THE TERMS OF A
31 COMPACT ENTERED INTO BY THE STATE PURSUANT TO THIS SECTION.
32 3. IF ANY SENTENCE, SUBDIVISION OR CLAUSE OF THIS SECTION IS FOR ANY
33 REASON HELD INVALID OR TO BE UNCONSTITUTIONAL, SUCH DECISION SHALL NOT
34 AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.
35 S 2. Paragraph a of subdivision 2 of section 168-b of the correction
36 law, as amended by chapter 645 of the laws of 2005, is amended to read
37 as follows:
38 a. The division is authorized to make the registry available to any
39 STATE, regional or national registry of sex offenders for the purpose of
40 sharing information AND MONITORING OR ASCERTAINING THE STATUS AND
41 LOCATION OF SEX OFFENDERS. The division shall accept files from any
42 STATE, regional or national registry of sex offenders and shall make
43 such files available when requested pursuant to the provisions of this
44 article.
45 S 3. This act shall take effect immediately.