2006 New York Code - 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  belonging  to
  such offender and any internet screen names used by such offender.
    (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;  and (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
  subdivision (b-1) of section four thousand three hundred twenty-two  and
  subdivision  (d-1)  of  section  four  thousand  three twenty-six of the
  insurance law.
    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 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 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  sexually  violent  predator
  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 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.