N.Y. Correction Law § 168-f: Duty to register and to verify

§ 168-f. Duty to register and to verify. 1. Any sex offender shall,

(a) at least ten calendar days prior to discharge, parole, release to

post-release supervision or release from any state or local correctional

facility, hospital or institution where he or she was confined or

committed, or, (b) at the time sentence is imposed for any sex offender

released on probation or discharged upon payment of a fine, conditional

discharge or unconditional discharge, register with the division on a

form prepared by the division.

2. For a sex offender required to register under this article on each

anniversary of the sex offender's initial registration date during the

period in which he is required to register under this section the

following applies:

(a) The sex offender shall mail the verification form to the division

within ten calendar days after receipt of the form.

(b) The verification form shall be signed by the sex offender, and

state that he still resides at the address last reported to the

division.

(b-1) If the sex offender has been given a level two or three

designation, such offender shall sign the verification form, and state

that he or she still is employed at the address last reported to the

division.

(b-2) If the sex offender has been given a level three designation, he

or she shall personally appear at the law enforcement agency having

jurisdiction within twenty days of the first anniversary of the sex

offender's initial registration and every year thereafter during the

period of registration for the purpose of providing a current photograph

of such offender. The law enforcement agency having jurisdiction shall

photograph the sex offender and shall promptly forward a copy of such

photograph to the division. For purposes of this paragraph, if such sex

offender is confined in a state or local correctional facility, the

local law enforcement agency having jurisdiction shall be the warden,

superintendent, sheriff or other person in charge of the state or local

correctional facility.

(b-3) If the sex offender has been given a level one or level two

designation, he or she shall personally appear at the law enforcement

agency having jurisdiction within twenty days of the third anniversary

of the sex offender's initial registration and every three years

thereafter during the period of registration for the purpose of

providing a current photograph of such offender. The law enforcement

agency having jurisdiction shall photograph the sex offender and shall

promptly forward a copy of such photograph to the division. For purposes

of this paragraph, if such sex offender is confined in a state or local

correctional facility, the local law enforcement agency having

jurisdiction shall be the warden, superintendent, sheriff or other

person in charge of the state or local correctional facility.

(c) If the sex offender fails to mail the signed verification form to

the division within ten calendar days after receipt of the form, he or

she shall be in violation of this section unless he proves that he or

she has not changed his or her residence address.

(c-1) If the sex offender, to whom a notice has been mailed at the

last reported address pursuant to paragraph b of subdivision one of

section one hundred sixty-eight-b of this article, fails to personally

appear at the law enforcement agency having jurisdiction, as provided in

paragraph (b-2) or (b-3) of this subdivision, within twenty days of the

anniversary of the sex offender's initial registration, or an alternate

later date scheduled by the law enforcement agency having jurisdiction,

he or she shall be in violation of this section. The duty to personally

appear for such updated photograph shall be temporarily suspended during

any period in which the sex offender is confined in any hospital or

institution, and such sex offender shall personally appear for such

updated photograph no later than ninety days after release from such

hospital or institution, or an alternate later date scheduled by the law

enforcement agency having jurisdiction.

3. The provisions of subdivision two of this section shall be applied

to a sex offender required to register under this article except that

such sex offender designated as a sexual predator or having been given a

level three designation must personally verify his or her address with

the local law enforcement agency every ninety calendar days after the

date of release or commencement of parole or post-release supervision,

or probation, or release on payment of a fine, conditional discharge or

unconditional discharge. At such time the law enforcement agency having

jurisdiction may take a new photograph of such sex offender if it

appears that the offender has had a change in appearance since the most

recent photograph taken pursuant to paragraph (b-2) of subdivision two

of this section. If such photograph is taken, the law enforcement agency

shall promptly forward a copy of such photograph to the division. The

duty to personally verify shall be temporarily suspended during any

period in which the sex offender is confined to any state or local

correctional facility, hospital or institution and shall immediately

recommence on the date of the sex offender's release.

4. Any sex offender shall register with the division no later than ten

calendar days after any change of address, internet accounts with

internet access providers belonging to such offender, internet

identifiers that such offender uses, or his or her status of enrollment,

attendance, employment or residence at any institution of higher

education. A fee of ten dollars, as authorized by subdivision eight of

section one hundred sixty-eight-b of this article, shall be submitted by

the sex offender each time such 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. Any failure or

omission to submit the required fee shall not affect the acceptance by

the division of the change of address or change of status.

5. The duty to register under the provisions of this article shall not

be applicable to any sex offender whose conviction was reversed upon

appeal or who was pardoned by the governor.

6. Any nonresident worker or nonresident student, as defined in

subdivisions fourteen and fifteen of section one hundred sixty-eight-a

of this article, shall register his or her current address and the

address of his or her place of employment or educational institution

attended with the division within ten calendar days after such

nonresident worker or nonresident student commences employment or

attendance at an educational institution in the state. Any nonresident

worker or nonresident student shall notify the division of any change of

residence, employment or educational institution address no later than

ten days after such change. The division shall notify the law

enforcement agency where the nonresident worker is employed or the

educational institution is located that a nonresident worker or

nonresident student is present in that agency's jurisdiction.