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Correction Law

Consolidated Laws of New York's COR code

  Search NYS Sex Offender Registration Act

Article 6C - NY Correction Law

Section Description
168-B Duties of the division; registration information
S 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.
  hort  title. This article shall be known and may be cited as
  the "Sex Offender Registration Act".

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