N.Y. Correction Law § 168-b: Duties of the division; registration information

§ 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.