New York State Division of Criminal Justice Services 1 (800) 262-3257
Offenders Required to Register:
The Sex Offender Registration Act (SORA) requires anyone on parole or probation or imprisoned for a sex offense on January 21, 1996, to register with the Division of Criminal Justice Services. In addition, sex offenders sentenced to probation, local jail, or state prison after that date must register upon their return to the community. In 1999, eight new offenses were added to the list of registerable offenses. Any person on parole or probation or imprisoned for one of these offenses on January 1, 2000, as well as any person who is convicted of one of the offenses on or after that date, must also register. On March 11, 2002 seven new offenses were added to the list of registerable offenses, three misdemeanors and four felonies. Any person who commits one of the misdemeanor offenses on or after March 11, 2002 and is subsequently convicted of that offense must register. Any person on parole or probation or imprisoned for one of the felony offenses on or after that date, must also register. The law is amended periodically by the New York State Legislature to add additional registerable offenses.
Offenders convicted in other jurisdictions (e.g., federal , military, or another state or country) must register if they are convicted of an offense which includes the essential elements of a New York State offense which requires registration; or they are convicted of a felony in another jurisdiction which requires registration as a sex offender in that jurisdiction; or they are convicted of 18 U.S.C.A.§§ 2251 (sexual exploitation of children);§ 2251A (selling or buying of children); §2252 (certain materials related to the sexual exploitation of children); §2252A (certain activities relating to or containing child pornography) or § 2260 ( production of sexually explicit depictions of minors for importation into the United States). Offenders convicted in other jurisdictions that reside or plan to reside in New York State are required to notify the Division of Criminal Justice Services (Division) and the Division shall notify the Board of Examiners of Sex Offenders which will determine whether registration is required.
Information Collected:
Name, aliases, date of birth, sex, race, height, weight, eye color, drivers license number, photograph, fingerprints, description of offense, date of conviction, sentence imposed, internet accounts and internet screen names, other pertinent information.
Administrating Agency:
New York State Division of Criminal Justice Services.
Timeframe for Registration:
Upon release to the community and no later than ten days after a change of address.
Applies to Out of State Offenders:
Yes
Duration of Requirement:
Sex offenders who have been designated a sexual predator, a sexually violent offender or a predicate sex offender or who are classified as a Level 2 or Level 3 risk remain on the Sex Offender Registry for life. Level 1 sex offenders with no designation must register for a period of twenty years.
Verification of Address:
Annually for all registrants and personal verification for Level 3 offenders and sexual predators every 90 days with the local law enforcement agency.
Penalties for Non-Compliance:
The failure to register is a crime. A first conviction is punishable as a class A misdemeanor; a subsequent conviction is punishable as a class D felony. Non- compliance may be basis for revocation of parole and probation.
Access to Information:
There are four ways for the public to access information regarding registered sex offenders: The Division of Criminal Justice Services (Division) operates a telephone number (1-800-262-3257) which the public can call to determine if someone is on the Registry. The name of the offender and one of the following must be provided in order to obtain information: an exact address, a complete date of birth, a driver’s license number or a social security number. Additionally, the Division maintains a subdirectory of Level 3 sex offenders which can be accessed by visiting the Division website at www.criminal justice.state.ny.usand clicking on the “Search for Level 3 Sex Offenders” button. Level 3 sex offender information can be searched by offenders name, county or zip code. Each local law enforcement agency receives a copy (electronically or on a CD ROM) of the Subdirectory of Level 3 Sex Offenders which they are required to maintain for the public to view upon request. The local law enforcement agency where the offender currently resides can, if it chooses, release information on sex offenders residing in the community to “entities with vulnerable populations related to the nature of the offense”. The law enforcement agency can only release information on level 2 and level 3 offenders through this method. Also, while the exact address of level 3 offenders can be provided, the law provides that only an approximate address based on zip code can be provided for level two offenders. Please note that a federal court injunction currently prohibits the release of information through these methods concerning sex offenders who committed their crime prior to January 21, 1996 and were assigned a risk level prior to January 1, 2000.
Confidentiality Provision:
Class B misdemeanor for unauthorized release of information.