Corrections Law
§ 168-b. Duties of the division; registration information. 1. The
division shall establish and maintain a file of individuals required to
register pursuant to the provisions of this article which shall include
the following information of each registrant:
(a) The sex offender's name, all aliases used, date of birth, sex,
race, height, weight, eye color, driver's license number, home address
and/or expected place of domicile, any internet accounts with internet
access providers belonging to such offender and internet identifiers
that such offender uses.
(b) A photograph and set of fingerprints. For a sex offender given a
level three designation, the division shall, during the period of
registration, update such photograph once each year. For a sex offender
given a level one or level two designation, the division shall, during
the period of registration, update such photograph once every three
years. The division shall notify the sex offender by mail of the duty to
appear and be photographed at the specified law enforcement agency
having jurisdiction. Such notification shall be mailed at least thirty
days and not more than sixty days before the photograph is required to
be taken pursuant to subdivision two of section one hundred
sixty-eight-f of this article.
(c) A description of the offense for which the sex offender was
convicted, the date of conviction and the sentence imposed including the
type of assigned supervision and the length of time of such supervision.
(d) The name and address of any institution of higher education at
which the sex offender is or expects to be enrolled, attending or
employed, whether for compensation or not, and whether such offender
resides in or will reside in a facility owned or operated by such
institution.
(e) If the sex offender has been given a level two or three
designation, such offender's employment address and/or expected place of
employment.
(f) Any other information deemed pertinent by the division.
2. a. The division is authorized to make the registry available to any
regional or national registry of sex offenders for the purpose of
sharing information. The division shall accept files from any regional
or national registry of sex offenders and shall make such files
available when requested pursuant to the provisions of this article.
b. The division shall also make registry information available to: (i)
the department of health, to enable such department to identify persons
ineligible to receive reimbursement or coverage for drugs, procedures or
supplies pursuant to subdivision seven of section twenty-five hundred
ten of the public health law, paragraph (e) of subdivision four of
section three hundred sixty-five-a of the social services law, paragraph
(e-1) of subdivision one of section three hundred sixty-nine-ee of the
social services law, and subdivision one of section two hundred
forty-one of the elder law; (ii) the department of financial services to
enable such department to identify persons ineligible to receive
reimbursement or coverage for drugs, procedures or supplies pursuant to
subsection (b-1) of section four thousand three hundred twenty-two and
subsection (d-1) of section four thousand three hundred twenty-six of
the insurance law; and (iii) a court, to enable the court to promptly
comply with the provisions of paragraph (a-1) of subdivision one of
section two hundred forty of the domestic relations law, subdivision (e)
of section six hundred fifty-one of the family court act, and
subdivision (g) of section 81.19 of the mental hygiene law.
c. The department of health and the department of financial services
may disclose to plans providing coverage for drugs, procedures or
supplies for the treatment of erectile dysfunction pursuant to section
three hundred sixty-nine-ee of the social services law or sections four
thousand three hundred twenty-one, four thousand three hundred
twenty-two or four thousand three hundred twenty-six of the insurance
law registry information that is limited to the names, dates of birth,
and social security numbers of persons who are ineligible by law to
receive payment or reimbursement for specified drugs, procedures and
supplies pursuant to such provisions of law. Every such plan shall
identify to the department of health or the department of financial
services, in advance of disclosure, each person in its employ who is
authorized to receive such information provided, however, that such
information may be disclosed by such authorized employee or employees to
other personnel who are directly involved in approving or disapproving
reimbursement or coverage for such drugs, procedures and supplies for
such plan members, and provided further that no person receiving
registry information shall redisclose such information except to other
personnel who are directly involved in approving or disapproving
reimbursement or coverage for such drugs, procedures and supplies.
d. No official, agency, authorized person or entity, whether public or
private, shall be subject to any civil or criminal liability for damages
for any decision or action made in the ordinary course of business of
that official, agency, authorized person or entity pursuant to
paragraphs b and c of this subdivision, provided that such official,
agency, authorized person or entity acted reasonably and in good faith
with respect to such registry information.
e. The division shall require that no information included in the
registry shall be made available except in the furtherance of the
provisions of this article.
3. The division shall develop a standardized registration form to be
made available to the appropriate authorities and promulgate rules and
regulations to implement the provisions of this section. Such form shall
be written in clear and concise language and shall advise the sex
offender of his or her duties and obligations under this article.
4. The division shall mail a nonforwardable verification form to the
last reported address of the person for annual verification
requirements.
5. The division shall also establish and operate a telephone number as
provided for in section one hundred sixty-eight-p of this article.
6. The division shall also establish a subdirectory pursuant to
section one hundred sixty-eight-q of this article.
7. The division shall also establish a public awareness campaign to
advise the public of the provisions of this article.
8. The division shall charge a fee of ten dollars each time a sex
offender registers any change of address or any change of his or her
status of enrollment, attendance, employment or residence at any
institution of higher education as required by subdivision four of
section one hundred sixty-eight-f of this article. The fee shall be paid
to the division by the sex offender. The state comptroller is hereby
authorized to deposit such fees into the general fund.
9. The division shall, upon the request of any children's camp
operator, release to such person any information in the registry
relating to a prospective employee of any such person or entity in
accordance with the provisions of this article. The division shall
promulgate rules and regulations relating to procedures for the release
of information in the registry to such persons.
10. The division shall, upon the request of any authorized internet
entity, release to such entity internet identifiers that would enable
such entity to prescreen or remove sex offenders from its services or,
in conformity with state and federal law, advise law enforcement and/or
other governmental entities of potential violations of law and/or
threats to public safety. Before releasing any information the division
shall require an authorized internet entity that requests information
from the registry to submit to the division the name, address and
telephone number of such entity and the specific legal nature and
corporate status of such entity. Except for the purposes specified in
this subdivision, an authorized internet entity shall not publish or in
any way disclose or redisclose any information provided to it by the
division pursuant to this subdivision. The division may charge an
authorized internet entity a fee for access to registered internet
identifiers requested by such entity pursuant to this subdivision. The
division shall promulgate rules and regulations relating to procedures
for the release of information in the registry, including but not
limited to, the disclosure and redisclosure of such information, and the
imposition of any fees.
11. The division shall promptly notify each sex offender whose term of
registration and verification would otherwise have expired prior to
March thirty-first, two thousand seven of the continuing duty to
register and verify under this article.
12. The division shall make registry information regarding level two
and three sex offenders available to municipal housing authorities, as
established pursuant to article three of the public housing law, to
enable such authorities to identify persons ineligible to reside in
public housing. The division shall, at least monthly, release to each
municipal housing authority information about level two and three sex
offenders with a home address and/or expected place of domicile within
the corresponding municipality. The division may promulgate rules and
regulations relating to procedures for the release of information in the
registry to such authorities.
NYSentencing