§ 168-B — Duties of the division; registration information

New York § 168-B

• Jurisdiction: New York
• Law COR: Correction
• Art. 6-C: Sex Offender Registration Act

Text

§ 168-b. Duties of the division; registration information. 1. The\ndivision shall establish and maintain a file of individuals required to\nregister pursuant to the provisions of this article which shall include\nthe following information of each registrant:\n (a) The sex offender's name, all aliases used, date of birth, sex,\nrace, height, weight, eye color, driver's license number, home address\nand/or expected place of domicile, any internet accounts with internet\naccess providers belonging to such offender and internet identifiers\nthat such offender uses.\n (b) A photograph and set of fingerprints. For a sex offender given a\nlevel three designation, the division shall, during the period of\nregistration, update such photograph once each year. For a sex offender\ngiven a level one or level two designation, the division shall, during\nthe period of registration, update such photograph once every three\nyears. The division shall notify the sex offender by mail of the duty to\nappear and be photographed at the specified law enforcement agency\nhaving jurisdiction. Such notification shall be mailed at least thirty\ndays and not more than sixty days before the photograph is required to\nbe taken pursuant to subdivision two of section one hundred\nsixty-eight-f of this article.\n (c) A description of the offense for which the sex offender was\nconvicted, the date of conviction and the sentence imposed including the\ntype of assigned supervision and the length of time of such supervision.\n (d) The name and address of any institution of higher education at\nwhich the sex offender is or expects to be enrolled, attending or\nemployed, whether for compensation or not, and whether such offender\nresides in or will reside in a facility owned or operated by such\ninstitution.\n (e) If the sex offender has been given a level two or three\ndesignation, such offender's employment address and/or expected place of\nemployment.\n (f) Any other information deemed pertinent by the division.\n 2. a. The division is authorized to make the registry available to any\nregional or national registry of sex offenders for the purpose of\nsharing information. The division shall accept files from any regional\nor national registry of sex offenders and shall make such files\navailable when requested pursuant to the provisions of this article.\n b. The division shall also make registry information available to: (i)\nthe department of health, to enable such department to identify persons\nineligible to receive reimbursement or coverage for drugs, procedures or\nsupplies pursuant to subdivision seven of section twenty-five hundred\nten of the public health law, paragraph (e) of subdivision four of\nsection three hundred sixty-five-a of the social services law, paragraph\n(e-1) of subdivision one of section three hundred sixty-nine-ee of the\nsocial services law, and subdivision one of section two hundred\nforty-one of the elder law; (ii) the department of financial services to\nenable such department to identify persons ineligible to receive\nreimbursement or coverage for drugs, procedures or supplies pursuant to\nsubsection (b-1) of section four thousand three hundred twenty-two and\nsubsection (d-1) of section four thousand three hundred twenty-six of\nthe insurance law; and (iii) a court, to enable the court to promptly\ncomply with the provisions of paragraph (a-1) of subdivision one of\nsection two hundred forty of the domestic relations law, subdivision (e)\nof section six hundred fifty-one of the family court act, and\nsubdivision (g) of section 81.19 of the mental hygiene law.\n c. The department of health and the department of financial services\nmay disclose to plans providing coverage for drugs, procedures or\nsupplies for the treatment of erectile dysfunction pursuant to section\nthree hundred sixty-nine-ee of the social services law or sections four\nthousand three hundred twenty-one, four thousand three hundred\ntwenty-two or four thousand three hundred twenty-six of the insurance\nlaw registry information that is limited to the names, dates of birth,\nand social security numbers of persons who are ineligible by law to\nreceive payment or reimbursement for specified drugs, procedures and\nsupplies pursuant to such provisions of law. Every such plan shall\nidentify to the department of health or the department of financial\nservices, in advance of disclosure, each person in its employ who is\nauthorized to receive such information provided, however, that such\ninformation may be disclosed by such authorized employee or employees to\nother personnel who are directly involved in approving or disapproving\nreimbursement or coverage for such drugs, procedures and supplies for\nsuch plan members, and provided further that no person receiving\nregistry information shall redisclose such information except to other\npersonnel who are directly involved in approving or disapproving\nreimbursement or coverage for such drugs, procedures and supplies.\n d. No official, agency, authorized person or entity, whether public or\nprivate, shall be subject to any civil or criminal liability for damages\nfor any decision or action made in the ordinary course of business of\nthat official, agency, authorized person or entity pursuant to\nparagraphs b and c of this subdivision, provided that such official,\nagency, authorized person or entity acted reasonably and in good faith\nwith respect to such registry information.\n e. The division shall require that no information included in the\nregistry shall be made available except in the furtherance of the\nprovisions of this article.\n 3. The division shall develop a standardized registration form to be\nmade available to the appropriate authorities and promulgate rules and\nregulations to implement the provisions of this section. Such form shall\nbe written in clear and concise language and shall advise the sex\noffender of his or her duties and obligations under this article.\n 4. The division shall mail a nonforwardable verification form to the\nlast reported address of the person for annual verification\nrequirements.\n 5. The division shall also establish and operate a telephone number as\nprovided for in section one hundred sixty-eight-p of this article.\n 6. The division shall also establish a subdirectory pursuant to\nsection one hundred sixty-eight-q of this article.\n 7. The division shall also establish a public awareness campaign to\nadvise the public of the provisions of this article.\n 8. The division shall charge a fee of ten dollars each time a sex\noffender registers any change of address or any change of his or her\nstatus of enrollment, attendance, employment or residence at any\ninstitution of higher education as required by subdivision four of\nsection one hundred sixty-eight-f of this article. The fee shall be paid\nto the division by the sex offender. The state comptroller is hereby\nauthorized to deposit such fees into the general fund.\n 9. The division shall, upon the request of any children's camp\noperator, release to such person any information in the registry\nrelating to a prospective employee of any such person or entity in\naccordance with the provisions of this article. The division shall\npromulgate rules and regulations relating to procedures for the release\nof information in the registry to such persons.\n 10. The division shall, upon the request of any authorized internet\nentity, release to such entity internet identifiers that would enable\nsuch entity to prescreen or remove sex offenders from its services or,\nin conformity with state and federal law, advise law enforcement and/or\nother governmental entities of potential violations of law and/or\nthreats to public safety. Before releasing any information the division\nshall require an authorized internet entity that requests information\nfrom the registry to submit to the division the name, address and\ntelephone number of such entity and the specific legal nature and\ncorporate status of such entity. Except for the purposes specified in\nthis subdivision, an authorized internet entity shall not publish or in\nany way disclose or redisclose any information provided to it by the\ndivision pursuant to this subdivision. The division may charge an\nauthorized internet entity a fee for access to registered internet\nidentifiers requested by such entity pursuant to this subdivision. The\ndivision shall promulgate rules and regulations relating to procedures\nfor the release of information in the registry, including but not\nlimited to, the disclosure and redisclosure of such information, and the\nimposition of any fees.\n 11. The division shall promptly notify each sex offender whose term of\nregistration and verification would otherwise have expired prior to\nMarch thirty-first, two thousand seven of the continuing duty to\nregister and verify under this article.\n 12. The division shall make registry information regarding level two\nand three sex offenders available to municipal housing authorities, as\nestablished pursuant to article three of the public housing law, to\nenable such authorities to identify persons ineligible to reside in\npublic housing. The division shall, at least monthly, release to each\nmunicipal housing authority information about level two and three sex\noffenders with a home address and/or expected place of domicile within\nthe corresponding municipality. The division may promulgate rules and\nregulations relating to procedures for the release of information in the\nregistry to such authorities.\n