Bill Text: NY A08916 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires level 3 sex offenders and sexual predators to report to the law enforcement having jurisdiction to provide a current photograph every 90 days and whenever his or her probation officer or parole officer notices a significant change in the sex offenders physical appearance.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2012-01-04 - referred to correction [A08916 Detail]
Download: New_York-2011-A08916-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8916
I N A S S E M B L Y
(PREFILED)
January 4, 2012
___________
Introduced by M. of A. BRINDISI -- read once and referred to the Commit-
tee on Correction
AN ACT to amend the correction law, in relation to requiring level three
sex offenders and sexual predators to have a photograph taken every
ninety days during each verification appearance; and to amend the
correction law and the executive law, in relation to requiring level
three sex offenders and sexual predators to have a photograph taken at
law enforcement agencies having jurisdiction when a probation officer
or parole officer notices a significant change in the physical appear-
ance of the sex offender
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (b) of subdivision 1 of section 168-b of the
2 correction law, as amended by section 1 of part O of chapter 56 of the
3 laws of 2005, is amended to read as follows:
4 (b) A photograph and set of fingerprints. For a sex offender given a
5 level three OR SEXUAL PREDATOR designation, the division shall, during
6 [the period of registration] EACH PERSONAL VERIFICATION OF HIS OR HER
7 ADDRESS PURSUANT TO SUBDIVISION THREE OF SECTION ONE HUNDRED
8 SIXTY-EIGHT-F OF THIS ARTICLE, update such photograph once each [year]
9 NINETY DAYS AND AT ANY TIME THAT SUCH SEX OFFENDER IS DIRECTED, PURSUANT
10 TO SECTION TWO HUNDRED FIFTY-SIX-B OF THE EXECUTIVE LAW, BY HIS OR HER
11 PROBATION OFFICER OR, PURSUANT TO SUBDIVISION THREE-A OF SECTION TWO
12 HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW, BY HIS OR HER PAROLE OFFICER
13 TO REPORT TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION FOR THE
14 PURPOSE OF HAVING A PHOTOGRAPH TAKEN. For a sex offender given a level
15 one or level two designation, the division shall, during the period of
16 registration, update such photograph once every three years. The divi-
17 sion shall notify the sex offender by mail of the duty to appear and be
18 photographed at the specified law enforcement agency having jurisdic-
19 tion. Such notification shall be mailed at least thirty days and not
20 more than sixty days before the photograph is required to be taken
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13807-02-2
A. 8916 2
1 pursuant to subdivision two of section one hundred sixty-eight-f of this
2 article.
3 S 2. Paragraph (b-2) of subdivision 2 of section 168-f of the
4 correction law, as added by section 2 of part O of chapter 56 of the
5 laws of 2005, is amended to read as follows:
6 (b-2) If the sex offender has been given a level three OR SEXUAL PRED-
7 ATOR designation, he or she shall personally appear at the law enforce-
8 ment agency having jurisdiction [within twenty days of the first anni-
9 versary of the sex offender's initial registration and] every [year
10 thereafter] NINETY DAYS, AS REQUIRED BY SUBDIVISION THREE OF THIS
11 SECTION, during the period of registration, AND ANY TIME HE OR SHE IS SO
12 DIRECTED BY HIS OR HER PROBATION OFFICER, PURSUANT TO SECTION TWO
13 HUNDRED FIFTY-SIX-B OF THE EXECUTIVE LAW, OR HIS OR HER PAROLE OFFICER,
14 PURSUANT TO SUBDIVISION THREE-A OF SECTION TWO HUNDRED FIFTY-NINE-I OF
15 THE EXECUTIVE LAW, for the purpose of providing a current photograph of
16 such offender. The law enforcement agency having jurisdiction shall
17 photograph the sex offender and shall promptly forward a copy of such
18 photograph to the division. For purposes of this paragraph, if such sex
19 offender is confined in a state or local correctional facility, the
20 local law enforcement agency having jurisdiction shall be the warden,
21 superintendent, sheriff or other person in charge of the state or local
22 correctional facility.
23 S 3. Subdivision 3 of section 168-f of the correction law, as amended
24 by chapter 11 of the laws of 2002, is amended to read as follows:
25 3. The provisions of subdivision two of this section shall be applied
26 to a sex offender required to register under this article except that
27 such sex offender designated as a sexual predator or having been given a
28 level three designation must personally verify his or her address with
29 the local law enforcement agency AND PROVIDE A CURRENT PHOTOGRAPH every
30 ninety calendar days after the date of release or commencement of parole
31 or post-release supervision, or probation, or release on payment of a
32 fine, conditional discharge or unconditional discharge, AND WHENEVER SO
33 DIRECTED BY HIS OR HER PROBATION OFFICER, PURSUANT TO SECTION TWO
34 HUNDRED FIFTY-SIX-B OF THE EXECUTIVE LAW, OR HIS OR HER PAROLE OFFICER
35 PURSUANT TO SUBDIVISION THREE-A OF SECTION TWO HUNDRED FIFTY-NINE-I OF
36 THE EXECUTIVE LAW. The duty to personally verify AND PROVIDE A CURRENT
37 PHOTOGRAPH shall be temporarily suspended during any period in which the
38 sex offender is confined to any state or local correctional facility,
39 hospital or institution and shall immediately recommence on the date of
40 the sex offender's release.
41 S 4. The executive law is amended by adding a new section 256-b to
42 read as follows:
43 S 256-B. SUPERVISION OF LEVEL THREE SEX OFFENDERS AND SEXUAL PREDA-
44 TORS. IF A PROBATION OFFICER HAVING CHARGE OF A SEX OFFENDER GIVEN A
45 LEVEL THREE OR SEXUAL PREDATOR DESIGNATION PURSUANT TO ARTICLE SIX-C OF
46 THE CORRECTION LAW, DETERMINES THAT SUCH SEX OFFENDER HAS SIGNIFICANTLY
47 CHANGED HIS OR HER PHYSICAL APPEARANCE SUCH THAT THE MOST RECENT PHOTO-
48 GRAPH PROVIDED PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW IS NO
49 LONGER AN ACCURATE REPRESENTATION OF THE PHYSICAL APPEARANCE OF THE SEX
50 OFFENDER, SUCH PROBATION OFFICER SHALL SUBMIT A REPORT OF SUCH FACT TO
51 THE DIVISION OF CRIMINAL JUSTICE SERVICES AND SHALL ORDER THE SEX OFFEN-
52 DER TO PERSONALLY APPEAR AT THE LAW ENFORCEMENT AGENCY HAVING JURISDIC-
53 TION, PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW, FOR THE PURPOSE
54 OF PROVIDING A CURRENT PHOTOGRAPH.
55 S 5. Section 259-i of the executive law is amended by adding a new
56 subdivision 3-a to read as follows:
A. 8916 3
1 3-A. SUPERVISION OF LEVEL THREE SEX OFFENDERS AND SEXUAL PREDATORS. IF
2 THE PAROLE OFFICER HAVING CHARGE OF A PRESUMPTIVELY RELEASED, PAROLED OR
3 CONDITIONALLY RELEASED SEX OFFENDER GIVEN A LEVEL THREE OR SEXUAL PREDA-
4 TOR DESIGNATION PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW, OR SUCH
5 A SEX OFFENDER RELEASED TO POST-RELEASE SUPERVISION, OR SUCH A SEX
6 OFFENDER RECEIVED PURSUANT TO SECTION TWO HUNDRED FIFTY-NINE-M OF THIS
7 ARTICLE, DETERMINES THAT SUCH SEX OFFENDER HAS SIGNIFICANTLY CHANGED HIS
8 OR HER PHYSICAL APPEARANCE SUCH THAT THE MOST RECENT PHOTOGRAPH PROVIDED
9 PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW IS NO LONGER AN ACCURATE
10 REPRESENTATION OF THE PHYSICAL APPEARANCE OF THE SEX OFFENDER, SUCH
11 PAROLE OFFICER SHALL SUBMIT A REPORT OF SUCH FACT TO THE DIVISION OF
12 CRIMINAL JUSTICE SERVICES AND SHALL ORDER THE SEX OFFENDER TO PERSONALLY
13 APPEAR AT THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, PURSUANT TO
14 ARTICLE SIX-C OF THE CORRECTION LAW, FOR THE PURPOSE OF PROVIDING A
15 CURRENT PHOTOGRAPH.
16 S 6. This act shall take effect on the one hundred twentieth day after
17 it shall have become a law; provided that, effective immediately, any
18 rules and regulations necessary to implement the provisions of this act
19 are authorized and directed to be completed on or before such date.
