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Adoption Date: 9/1/2012
Regulations - Regulations


7560R.1 STATE SEX OFFENDER REGISTRY COMMUNITY NOTIFICATION PROCESS

 

In accordance with Correction Law Sections 168-D(3) and 168-I, each offender is classified a Risk Level according to the risk of reoffense. Common to each is the fact that the amount and type of information releasable is dependent upon the Risk Level of the sex offender. The first type of community notification is referred to as "local law enforcement notification" (Correction Law Section

168-I(6)). After registration, a local law enforcement agency is notified by the Division of Criminal Justice Services (DCJS) whenever a sex offender moves into its community. In accordance with the Sex Offender Registration Act (SORA), the local law enforcement agency may engage in a proactive community notification at its discretion regarding sex offenders depending on the level of risk.

 

Risk Level 1 and Risk Level 2

 

Risk level of the sex offender at Level 1 has been determined to be low. Risk level of the sex offender at Level 2 has been determined to be moderate. In both such cases, the law enforcement agency or agencies having jurisdiction and the law enforcement agency or agencies having had jurisdiction at the time of the offender's conviction shall be notified and may disseminate relevant information which shall include a photograph and description of the offender and which may include the following:

 

1)      Name ofthe sex offender;

 

2)     Approximate address based on the sex offender's zip code;

 

3)     Background information including the offender's crime of conviction, modus of operation, and type of victim targeted;

 

4)     Name and address of any institution of higher education at which the sex offender is enrolled, attends, is employed or resides; or

 

5)     Description of special conditions imposed on the offender to any entity with vulnerable populations related to the nature of the offense committed by such sex offender. Any entity receiving information may disclose or further disseminate such information at its discretion.

 

Inaddition, regarding Level 2 sex offenders, this information shall also be provided in the

Subdirectoryof Level 2 and 3 Sex Offenders and, upon request, be made available to the public.

 

 Risk Level3

 

Risk level of the sex offender at Level 3 has been determined to be high and there exists a threat to the public safety. Insuch case, the law enforcement agency or agencies having jurisdiction and the law enforcement agency or agencies having had jurisdiction at the time of the offender's conviction shall be notified and may disseminate relevant information which shall include a photograph and description of the offender and which may include the following:

 

1)      Exact name and any aliases of the sex offender;

 

2)       Exact address;

 

3)      Address of the offender's place of employment;

4)     Background information including the offenders' crime of conviction, modus of operation, type of victim targeted;

 

5)     Name and address of any institution of higher education at which the sex offender is enrolled, attends, is employed or resides; or

 

6)     Description of special conditions imposed on the offender to any entity with vulnerable populations related to the nature of the offense committed by such sex offender. Anyentity receiving  information  may  disclose  or  further  disseminate  such  information  at  its

discretion.

 

In addition, this information shall also be provided inthe Subdirectory of Level 2 and 3 Sex

Offendersand, upon request, be made available to the public.

 

 

 

Community Notification Method

Decision –maker

Risk Level 1

Risk Level 2

Risk Level 3

Individual police or sheriff submissions

Local law enforcement agencies are notified whenever a sex offender moves into their jurisdiction and may, in turn, notify the community (or School District) as allowed by the Act

Yes.  Can provide the name of the sex offender and Zip code of residence.  Cannot provide complete address.

Yes.  Can provide the name of the sex offender and Zip code of residence.  Cannot provide complete address.

Yes.  Can provide the name of the sex offender.  Complete address can be provided.

Sex Offender Registry Information Line- 800 Number (1-800-262-3257)

Division of Criminal Justice Services (DCJS) Based on information provided by the caller.

Yes. Can confirm registry status and risk is low.

Yes.  Can provide Zip code of residence.  Cannot provide complete address.

Yes.  Complete address can be provided.

Subdirectory of Level 2 (moderate-risk) and Level 3 (high-risk) sex offenders is available on the Sex Offender Registry on DCJS Website at:  http://www.criminaljustice.state.ny.us

 

NOTE:  Each local law enforcement agency receives from DCJS a copy (electronically or on a CD ROM) of the Subdirectory which is maintained on the site for the public to view on request.

Individual citizens

N/A.  Level 1 not accessible.

Can access the Subdirectory by clicking on “Search Subdirectory” button.  Can search by name, county, or zip code.  All information, including the exact address is available via this subdirectory.

Can access the Subdirectory by clicking on “Search Subdirectory” button.  Can search by name, county, or zip code.  All information, including the exact address is available via this subdirectory.