Bill Text: NY S02595 | 2011-2012 | General Assembly | Introduced
Bill Title: Sets forth procedures to be followed in the event a sex offender fails to mail a signed verification within twenty calendar days of mailing by the division of criminal justice services.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2011-06-20 - SUBSTITUTED BY A424 [S02595 Detail]
Download: New_York-2011-S02595-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2595
2011-2012 Regular Sessions
I N S E N A T E
January 26, 2011
___________
Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Crime Victims, Crime and
Correction
AN ACT to amend the correction law, in relation to sex offender verifi-
cation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 2 of section 168-f of the correction law is
2 amended by adding a new paragraph (c-2) to read as follows:
3 (C-2) (I) IF THE DIVISION DOES NOT RECEIVE THE SIGNED VERIFICATION
4 FORM WITHIN TWENTY CALENDAR DAYS AFTER MAILING THE FORM TO THE REGIS-
5 TRANT, THE DIVISION SHALL PROMPTLY NOTIFY THE SUPERVISING PROBATION OR
6 PAROLE OFFICER OR, IF THE OFFENDER IS NOT ON PROBATION OR PAROLE, THE
7 LOCAL LAW ENFORCEMENT AGENCY SERVING THE REGISTRANT'S REGISTRATION
8 ADDRESS, FORWARD THE VERIFICATION FORM, AND REQUEST THAT OFFICERS OF
9 SUCH AGENCY VISIT THE REGISTRATION ADDRESS AND MAKE REASONABLE EFFORTS
10 TO CONFIRM THAT THE REGISTRANT CONTINUES TO LIVE THERE.
11 (II) (A) IF IT APPEARS TO THESE OFFICERS THAT THE REGISTRANT NO LONGER
12 LIVES AT THE REGISTRATION ADDRESS, THEY SHALL NOTIFY THE DIVISION AND
13 THE APPROPRIATE DISTRICT ATTORNEY. IF IT APPEARS TO THESE OFFICERS THAT
14 THE REGISTRANT CONTINUES TO LIVE AT THE REGISTRATION ADDRESS, THE OFFI-
15 CERS SHALL PRESENT AN APPROPRIATE VERIFICATION FORM FOR THE REGISTRANT
16 TO SIGN. IF THE REGISTRANT PROPERLY COMPLETES AND SIGNS THE FORM, THE
17 OFFICERS SHALL ACCEPT THE COMPLETED FORM AND FORWARD IT TO THE DIVISION.
18 IF THE REGISTRANT DOES NOT PROPERLY COMPLETE AND SIGN THE FORM, THE
19 OFFICERS SHALL NOTIFY THE DIVISION AND THE APPROPRIATE DISTRICT ATTOR-
20 NEY.
21 (B) NOTWITHSTANDING PARAGRAPH (C) OF THIS SUBDIVISION, AN OFFENDER
22 LIVING AT THE REGISTRATION ADDRESS WHO REFUSES TO SIGN THE VERIFICATION
23 FORM PRESENTED IN ACCORDANCE WITH THIS SUBPARAGRAPH SHALL BE GUILTY,
24 PURSUANT TO SECTION ONE HUNDRED SIXTY-EIGHT-T OF THIS ARTICLE, OF A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02092-01-1
S. 2595 2
1 CLASS E FELONY UPON CONVICTION FOR THE FIRST OFFENSE, AND UPON
2 CONVICTION FOR A SECOND OR SUBSEQUENT OFFENSE SHALL BE GUILTY OF A CLASS
3 D FELONY, AND FAILURE TO VERIFY MAY ALSO BE THE BASIS FOR REVOCATION OF
4 PAROLE PURSUANT TO SECTION TWO HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW
5 OR THE BASIS FOR REVOCATION OF PROBATION PURSUANT TO ARTICLE FOUR
6 HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW.
7 (III) IF A SEX OFFENDER FAILS TO MAIL A SIGNED VERIFICATION FORM TO
8 THE DIVISION IN THE MANNER AND WITHIN THE TIME PERIOD PROVIDED FOR IN
9 THIS SUBDIVISION, THE DIVISION, IN ADDITION TO ANY OTHER PENALTY THAT
10 MAY BE IMPOSED, SHALL ASSESS AGAINST THE OFFENDER A CIVIL PENALTY EQUAL
11 TO THE COST INCURRED BY LAW ENFORCEMENT OFFICIALS IN VISITING THE REGIS-
12 TRATION ADDRESS, UP TO TWO HUNDRED DOLLARS. EACH ANNUAL VERIFICATION
13 FORM MAILED TO A SEX OFFENDER PURSUANT TO THIS SUBDIVISION SHALL INCLUDE
14 A CONSPICUOUS NOTICE OF THE PROVISIONS OF THIS SUBDIVISION.
15 S 2. This act shall take effect on the sixtieth day after it shall
16 have become a law.
