§ 168-F — Duty to register and to verify

New York § 168-F

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

Text

§ 168-f. Duty to register and to verify. 1. Any sex offender shall,\n(a) at least ten calendar days prior to discharge, parole, release to\npost-release supervision or release from any state or local correctional\nfacility, hospital or institution where he or she was confined or\ncommitted, or, (b) at the time sentence is imposed for any sex offender\nreleased on probation or discharged upon payment of a fine, conditional\ndischarge or unconditional discharge, register with the division on a\nform prepared by the division.\n 2. For a sex offender required to register under this article on each\nanniversary of the sex offender's initial registration date during the\nperiod in which he is required to register under this section the\nfollowing applies:\n (a) The sex offender shall mail the verification form to the division\nwithin ten calendar days after receipt of the form.\n (b) The verification form shall be signed by the sex offender, and\nstate that he still resides at the address last reported to the\ndivision.\n (b-1) If the sex offender has been given a level two or three\ndesignation, such offender shall sign the verification form, and state\nthat he or she still is employed at the address last reported to the\ndivision.\n (b-2) If the sex offender has been given a level three designation, he\nor she shall personally appear at the law enforcement agency having\njurisdiction within twenty days of the first anniversary of the sex\noffender's initial registration and every year thereafter during the\nperiod of registration for the purpose of providing a current photograph\nof such offender. The law enforcement agency having jurisdiction shall\nphotograph the sex offender and shall promptly forward a copy of such\nphotograph to the division. For purposes of this paragraph, if such sex\noffender is confined in a state or local correctional facility, the\nlocal law enforcement agency having jurisdiction shall be the warden,\nsuperintendent, sheriff or other person in charge of the state or local\ncorrectional facility.\n (b-3) If the sex offender has been given a level one or level two\ndesignation, he or she shall personally appear at the law enforcement\nagency having jurisdiction within twenty days of the third anniversary\nof the sex offender's initial registration and every three years\nthereafter during the period of registration for the purpose of\nproviding a current photograph of such offender. The law enforcement\nagency having jurisdiction shall photograph the sex offender and shall\npromptly forward a copy of such photograph to the division. For purposes\nof this paragraph, if such sex offender is confined in a state or local\ncorrectional facility, the local law enforcement agency having\njurisdiction shall be the warden, superintendent, sheriff or other\nperson in charge of the state or local correctional facility.\n (c) If the sex offender fails to mail the signed verification form to\nthe division within ten calendar days after receipt of the form, he or\nshe shall be in violation of this section unless he proves that he or\nshe has not changed his or her residence address.\n (c-1) If the sex offender, to whom a notice has been mailed at the\nlast reported address pursuant to paragraph b of subdivision one of\nsection one hundred sixty-eight-b of this article, fails to personally\nappear at the law enforcement agency having jurisdiction, as provided in\nparagraph (b-2) or (b-3) of this subdivision, within twenty days of the\nanniversary of the sex offender's initial registration, or an alternate\nlater date scheduled by the law enforcement agency having jurisdiction,\nhe or she shall be in violation of this section. The duty to personally\nappear for such updated photograph shall be temporarily suspended during\nany period in which the sex offender is confined in any hospital or\ninstitution, and such sex offender shall personally appear for such\nupdated photograph no later than ninety days after release from such\nhospital or institution, or an alternate later date scheduled by the law\nenforcement agency having jurisdiction.\n 3. The provisions of subdivision two of this section shall be applied\nto a sex offender required to register under this article except that\nsuch sex offender designated as a sexual predator or having been given a\nlevel three designation must personally verify his or her address with\nthe local law enforcement agency every ninety calendar days after the\ndate of release or commencement of parole or post-release supervision,\nor probation, or release on payment of a fine, conditional discharge or\nunconditional discharge. At such time the law enforcement agency having\njurisdiction may take a new photograph of such sex offender if it\nappears that the offender has had a change in appearance since the most\nrecent photograph taken pursuant to paragraph (b-2) of subdivision two\nof this section. If such photograph is taken, the law enforcement agency\nshall promptly forward a copy of such photograph to the division. The\nduty to personally verify shall be temporarily suspended during any\nperiod in which the sex offender is confined to any state or local\ncorrectional facility, hospital or institution and shall immediately\nrecommence on the date of the sex offender's release.\n 4. Any sex offender shall register with the division no later than ten\ncalendar days after any change of address, internet accounts with\ninternet access providers belonging to such offender, internet\nidentifiers that such offender uses, or his or her status of enrollment,\nattendance, employment or residence at any institution of higher\neducation. A fee of ten dollars, as authorized by subdivision eight of\nsection one hundred sixty-eight-b of this article, shall be submitted by\nthe sex offender each time such offender registers any change of address\nor any change of his or her status of enrollment, attendance, employment\nor residence at any institution of higher education. Any failure or\nomission to submit the required fee shall not affect the acceptance by\nthe division of the change of address or change of status.\n 5. The duty to register under the provisions of this article shall not\nbe applicable to any sex offender whose conviction was reversed upon\nappeal or who was pardoned by the governor.\n 6. Any nonresident worker or nonresident student, as defined in\nsubdivisions fourteen and fifteen of section one hundred sixty-eight-a\nof this article, shall register his or her current address and the\naddress of his or her place of employment or educational institution\nattended with the division within ten calendar days after such\nnonresident worker or nonresident student commences employment or\nattendance at an educational institution in the state. Any nonresident\nworker or nonresident student shall notify the division of any change of\nresidence, employment or educational institution address no later than\nten days after such change. The division shall notify the law\nenforcement agency where the nonresident worker is employed or the\neducational institution is located that a nonresident worker or\nnonresident student is present in that agency's jurisdiction.\n