Sex Offender Community Notification Requirements & Procedures Summary, University Police Website

Sex Offender Community Notification Requirements & Procedures Summary

Background

New York State Registered Sex Offenders and Institutions of Higher Education

Under amendments to "Megan's Law," adopted to comply with a federal law known as the Campus Sex Crimes Prevention Act of 2000, sex offenders registered in New York are required to notify the Registry of any institution of higher education at which he or she is, or expects to be, whether for compensation or not, enrolled, attending or employed and whether such sex offender resides or expects to reside in a facility operated by the institution. Changes in status at the institution of higher education must also be reported no later than ten days after such change.
The Law requires the Division of Criminal Justice Services (DCJS) include this information regarding an institution of higher education on its Registry and that DCJS notify the campus Public Safety Department of the presence of such an individual.
Information for dissemination to the campus community members includes: name, address (either home address if Level 3 offender or zip code if Level 2 offender), physical description, crime of conviction, modus operandi, type of victim targeted, special conditions imposed on parole.
Colleges and universities may promptly disseminate to the campus community information about Level 2 and Level 3 registered sex offenders by means of e-mail alerts, web site links, campus publications, newspaper notices, and like mechanisms campuses use to make "timely warnings" of criminal activity under the Campus Security Act. Campus community notification advises of the receipt and availability of this information. Details about the offender may be made available at the police department office or via referral to the DCJS web site.
The requirement applying to institutions of higher education goes into effect on October 28, 2002. Campuses must also add a statement to their Annual Security Report required by the Campus Security Act of 1990, advising the campus community where information concerning registered sex offenders transmitted to the campus by the State (DCJS) may be obtained.

Details of the Law

Section 168-c of the Correction Law requires that the Department of Correctional Services, or hospital or local correctional facility in which a sex offender is confined require that such sex offender complete a form notifying DCJS of his or her proposed address upon release and any institution of higher education the offender expects to be enrolled, attending or employed and whether he or she expects to reside in a facility owned by the institution.
Section 168-c of the Correction Law requires that a probation officer require that a supervised sex offender complete a form notifying DCJS of any change of address or any change of status of enrollment, attendance, employment or residence at any institution of higher education while under supervision.
Correction Law 168-d requires the court to obtain the name and address of any institution of higher education at which the offender expects to be employed by, enrolled at or attending and whether the offender expects to reside in a facility owned or operated by that institution.
Correction Law 168-e requires a sex offender released from a correctional facility to provide the name and address of any institution of higher education the offender expects to be employed by, enrolled at or attending and whether the offender expects to reside in a facility owned or operated by the institution.
Correction Law 168-j (4) and 95) set forth the notification procedures whenever a sex offender has indicated to DCJS that he or she will be enrolled in, attending or employed at an institution of higher education. DCJS will notify each law enforcement agency having jurisdiction.
The definition of law enforcement agency having jurisdiction set forth in Correction Law 168?a (4) has been expanded to include the law enforcement agency having jurisdiction over an institution of higher education within the definition of a law enforcement agency having jurisdiction if the offender is enrolled at, attends, or is employed by an institution of higher education. Section 168-l (6) of the Correction Law authorizes the release of information concerning a sex offender's attendance, employment or residence at an institution of higher education when a community is notified of the presence of a level 2 or level 3 sex offender.
Correction Law 168-q authorizes the inclusion of information concerning a sex offender's attendance, employment or residence at an institution of higher education within the Subdirectory.
Correction Law 168-f (4) requires an offender to notify DCJS no later than ten days after any change in status at an institution of higher education in addition to a change of residence address. A failure to provide such information could be prosecuted as a violation of Correction Law 168-t.

Non-Resident Workers and Students

In accordance with federal requirements, New York must accept information from non-residents who come into the State to work or attend school where the person would be required to register in his state of residence.
Because such individuals are not registered in the manner of a resident sex offender and no determination regarding the level of community notification has been made, the local law enforcement agency cannot perform community notification regarding those offenders.

Definition of Sex Offender Levels

Level 1 - If the risk of repeat offense is low, a level one designation shall be given to such sex offender. In such case the law enforcement agency or agencies having jurisdiction and the law enforcement agency or agencies having had jurisdiction at the time of his or her conviction shall be notified pursuant to the article.
Level 2 - If the risk of repeat offense is moderate, a level two designation shall be given to such sex offender. In such case the law enforcement agency or agencies having jurisdiction and the law enforcement agency or agencies having had jurisdiction at the time of his or her conviction shall be notified and may disseminate relevant information which may include the name of the sex offender, approximate address based on sex offender's zip code, a photograph of the offender, background information including the offender's crime of conviction, modus of operation, type of victim targeted, the name and address of any institution of higher education at which the sex offender is enrolled, attends, is employed or resides and the 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 on a sex offender may disclose or further disseminate such information at its discretion.
Level 3 - If the risk of repeat offense is high and there exists a threat to the public safety, a level three designation shall be given to such sex offender. In such case, the law enforcement agency or agencies having jurisdiction and the law enforcement agency or agencies having had jurisdiction at the time of his or her conviction shall be notified and may disseminate relevant information which may include the sex offender's name, exact address, a photograph of the offender, background information including the offender's crime of conviction, modus of operation, type of victim targeted, the name and address of any institution of higher education at which the sex offender is enrolled, attends, is employed or resides and the 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 on a sex offender may disclose or further disseminate such information at its discretion. In addition, in such case, the information described herein shall also be provided in the subdirectory established in this article and notwithstanding any other provision of law, such information shall, upon request, be made available to the public.
DCJS shall maintain a subdirectory of level three sex offenders, including the exact address and photograph of the sex offender along with the following information, if available: name, physical description, age and distinctive markings. Background information including the sex offender's crime of conviction, modus of operation, type of victim targeted, the name and address of any institution of higher education at which the sex offender is enrolled, attends, is employed or resides and a description of special conditions imposed on the sex offender shall also be included. Sex offender listings shall be categorized by county and zip code. A copy of the subdirectory shall annually be distributed to the offices of local village, town, and city, county or state law enforcement agencies for purposes of public access. Monthly updates shall be distributed by the division the offices of local village, town city, county or state law enforcement agencies for purposes of public access. Such departments shall require that a person in writing provide their name and address prior to viewing the subdirectory. Any information identifying the victim by name, birth date, address or relation to the sex offender shall be excluded from the subdirectory distributed for purpose of public access. The subdirectory provided for herein shall be updated monthly to maintain its efficiency and usefulness and shall be computer accessible. Such subdirectory shall be made available at all times on the Internet via the division homepage.
Section 3 amends subdivision 4 of section 168-a of the Correction Law to include the law enforcement agency having jurisdiction over an institution of higher education within the definition of a law enforcement agency having jurisdiction if the offender is enrolled at, attends or is employed by an institution of higher education.
The Campus Sex Crime Prevention Act requires that a state collect and report information pertaining to any institution of higher education at which a sex offender is employed, carries on a vocation or is a student. This information must be made available to law enforcement agency having jurisdiction where the institution is located and entered into the state sex offender registry database. Currently, this vital information is not collected and the campus community is not notified of the presence of sex offenders in their midst. The deadline for compliance is October 2002.

UB Procedures

When notified by DCJS of the presence of a sex offender on campus, University Police will utilize whatever methods are in place to make timely warnings of criminal activity to the campus community, in a general or limited manner, as appropriate.
Warnings will indicate that a level 2 or level 3 sex offender is now enrolled or employed at the university and will indicate that further information can be obtained at the DCJS web site (www.criminaljustice.state.ny.us/nsor/ ) by zip code (14260, 14261 & 14214).
Information given out on the web site may include name, address, physical description, crime of conviction, modus operandi, type of victim targeted and special conditions imposed on parole.
A statement as to how information about local sex offenders can be obtained will be added to the UB annual security report, as required by the Clery Act, and posted on the Public Safety web site.