State Codes and Statutes

Statutes > New-york > Cor > Article-6-c > 168-b

§  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.    (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 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 insurance  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 and subdivision (e) of  section  six  hundred fifty-one of the family court act.    c.  The  department  of  health  and  the  department of insurance 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  insurancelaw  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 insurance,  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 informationfrom 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.

State Codes and Statutes

Statutes > New-york > Cor > Article-6-c > 168-b

§  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.    (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 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 insurance  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 and subdivision (e) of  section  six  hundred fifty-one of the family court act.    c.  The  department  of  health  and  the  department of insurance 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  insurancelaw  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 insurance,  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 informationfrom 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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Cor > Article-6-c > 168-b

§  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.    (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 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 insurance  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 and subdivision (e) of  section  six  hundred fifty-one of the family court act.    c.  The  department  of  health  and  the  department of insurance 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  insurancelaw  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 insurance,  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 informationfrom 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.