"2011 New York State Police Sex Offense Seminar"
NEW YORK STATE SEX OFFENDER REGISTRATION ACT 2012 New York Association for Pupil Transportation Sex Offense Seminar Risa Sugarman, Deputy Commissioner and Director Office of Sex Offender Management Division of Criminal Justice Services 4 Tower Place Albany, New York 12203 518.457.5628 Michael Green, Executive Deputy Commissioner Office of Sex Offender Management (OSOM) • Within the Division of Criminal Justice Services (DCJS). • Created by the Sex Offender Management & Treatment Act (SOMTA). • Effective April 13, 2007. • Many responsibilities, including overseeing the New York Sex Offender Registry. 2 Office of Sex Offender Management (OSOM) State wide office, with overall responsibility for sex offender management, broad duties include: • Develop, recommend, implement legislation and interagency initiatives; • Research and information; • Establish best practices; • Outreach/training/public awareness; • Prevention We are a great resource for information regarding sex offender issues. 3 Number of Registered Sex Offenders • As of June 25, 2012 – Level 1 12,949 – Level 2 12,082 – Level 3 8,420 – Pendings 731 Total 34,182 Updated on www.criminal.justice.state.ny.us every Monday 4 Topics to be Covered • Perpetrator/Victim Typology • eSTOP • Charges under SORA • Residency Restrictions • Community Notification 5 Megan Kanka Adam Walsh Jacob Wetterling Jessica Lunsford Jaycee Dugard Somer ReneeThomson 6 What reactions do all of these cases elicit? 7 PANIC!! Sympathy 8 Reality? • These highly publicized cases have shaped the way the public thinks about child sexual abuse and sex offenders. • Emotionally driven public outcry often results in tougher laws being passed. • In reality, these types of offenses are not common; the majority of children are sexually abused by someone they know. 9 Who are the Abusers? • 86% of ALL (adult and child) sexual assault cases reported to law enforcement were committed by someone known to the victim – a family member or acquaintance (Bureau of Justice Statistics, 2000). • 93% of victims under the age of 17 & 73% of victims age 18 and older, were assaulted by someone they knew. Where the victim was a child, 34% of offenders were family members and 59% were acquaintances (Bureau of Justice Statistics, 2000). 10 New York Statistics ** 85% of registered NYS sex offenders have V < 18 y.o. ** 100 94 90 83 80 70 65 60 50 Stranger Non-stranger 40 35 30 20 17 10 6 0 Ages 0-11 Ages 12-17 Ages 18+ Source: NYS SOR as of 3/30/2010 Produced by: DCJS OJRP - Crimestat Unit 11 Gaining Access to Child Victims • Multiple studies have shown that sex offenders often establish contact with their victims through their relationship with another person, most commonly an adult. • For example, repeat adult sex offenders in one study used romantic relationships with women to gain access to the women's children. • Offenders can also gain access to victims through babysitting for someone they know or by living with friends who have children. 12 eSTOP ~ Electronic Security and Targeting of Online Predators ~ 13 eSTOP (Effective 4/28/2008) • All sex offenders must report internet information– NO PROHIBITION to sex offenders having INTERNET ACCTS under SORA!!! • DCJS authorized to provide sex offender internet information to online social networking websites (may prescreen /remove sex offenders and/or advise law enforcement of potential threats to public safety and/or violations of law) 14 eSTOP for Offenders under Supervision • Mandatory Conditions of Supervision • Probation & Conditional Discharge • Parole & Conditional Release 15 eSTOP Supervision Conditions Apply to … 1. Level 3 sex offender or 2. V under 18 and offender convicted of registerable sex offense or 3. Internet used in sex offense 16 eSTOP Supervision Conditions Condition requires that offender be prohibited from using the internet to: 1. access pornographic material, 2. access a commercial social networking website*, 3. communicate with other individuals or groups for the purpose of promoting sexual relations with persons under the age of eighteen, and 4. communicate with a person under the age of eighteen when such offender is over 18** 17 Caveats to eSTOP Supervision Conditions * “commercial social networking website” * permits persons under 18 to (i) create web pages or profiles that are available to the public (ii) engage in a chat room or instant messenger; and (iii) communicate with persons over 18 **Limited Exception: when such offender is the parent of a minor child and is not otherwise prohibited from communicating with such child 18 eSTOP • NOTE: If not under supervision, then offender can have internet accounts … regardless of risk level or designation or age of victim! • Similar to a change in residence, registered sex offenders must notify DCJS of any change in internet identifiers and providers within ten days of any change of such. 19 eSTOP Initiative (by Feb. 2010) • Facebook & MySpace removed accounts associated with a combined total of 3,533 registered New York state sex offenders from their sites. • MyLife/formerly Reunion.com - 2,001 offenders (2,100 accounts) • Tagged - 854 offenders (950 accounts) • hi5 - 169 offenders (575 accounts) • BlackPlanet - 114 offenders (570 accounts) • Bebo/AOL -253 offenders (542 accounts) • Flixster - 441 offenders (508 accounts) • Flickr/Yahoo -343 offenders (448 accounts) • Friendster - 255 offenders (271 accounts) • eSpin - 103 offenders (120 accounts) • Orkut/Google - 62 offenders (113 accounts) • Stickam - 102 offenders (109 accounts) • Buzznet - 13 offenders (18 accounts) • Fotolog - 10 offenders (12 accounts) TOTAL: 11,721 profiles associated with 4,336 offenders 20 Registered New York state sex offenders purged from Facebook, MySpace and the 13 additional social networking Web sites as of Feb. 2, 2010, by county: ALBANY - 74 ESSEX - 19 ONEIDA - 105 SCHOHARIE - 6 FRANKLIN - 26 SCHUYLER - 12 ALLEGANY - 31 ONONDAGA - 155 FULTON - 34 SENECA - 22 BRONX - 170 ONTARIO - 37 STEUBEN - 70 GENESEE - 23 BROOME - 110 GREENE - 18 ORANGE - 69 SUFFOLK - 190 CATTARAUGUS - 33 HAMILTON - 1 ORLEANS - 20 SULLIVAN - 25 CAYUGA - 41 HERKIMER - 38 OSWEGO - 57 TIOGA - 28 JEFFERSON - 71 TOMPKINS - 27 CHAUTAUQUA - 61 OTSEGO - 16 KINGS - 225 ULSTER - 59 CHEMUNG - 45 PUTNAM - 16 WARREN - 45 LEWIS - 10 CHENANGO - 26 LIVINGSTON - 39 QUEENS - 208 WASHINGTON - 39 CLINTON - 42 MADISON - 30 RENSSELAER - 57 WAYNE - 47 COLUMBIA - 13 MONROE - 192 RICHMOND - 46 WESTCHESTER - 89 MONTGOMERY - 37 WYOMING - 21 CORTLAND - 32 ROCKLAND - 32 NASSAU - 119 YATES - 15 DELAWARE - 9 SAINT LAWRENCE - 68 Out of state or invalid zip NEW YORK - 139 DUTCHESS - 70 NIAGARA – 75 SARATOGA - 71 code - 614 ERIE - 160 ONEIDA - 105 SCHENECTADY - 57 21 SEX OFFENDER REGISTRATION ACT (SORA) 22 Offender Obligations • Register as a sex offender upon release to the community, whether released from incarceration or to probation or discharged upon payment of fine, given conditional or unconditional discharge • Annually verify address • Notify of change of address • Notify if attending, enrolled in, residing, or employed by an institution of higher education • Provide internet information • Provide updated photograph • Notify of employment address (Level 2 & 3’s only) • Personally verify address every 90 days with local law enforcement (Level 3’s + sexual predators only) 23 Failure to Comply • 1st conviction = E Felony • 2nd or subsequent convictions = D Felony • Affirmative Defense for failing to return annual verification – if offender can prove that he or she has not moved from that residence address • Duty to personally appear for a photograph shall be temporarily suspended while the offender is confined in any hospital or institution. 24 Correction Law 168-k Sex Offenders with convictions from non-NYS jurisdictions (e.g. all military offenses, all federal offenses, other state/country offenses) cannot be arrested for failing to notify New York that they are now residing here. Board of Examiners determines if they are registerable, if so, the BOE registers them. Can only arrest if failure to comply with SORA from that point onward. 25 RESIDENCY RESTICTIONS Residency Restrictions • New York State does not have a residency restriction (caveat: except for certain SO under parole/probation supervision) • Some municipalities (counties, cities, towns, villages) across New York State do have them, must check carefully! 27 NIMBY – new laws often result from public outcry 28 Twist on Residency Restrictions • Not distance rules, rather limits placed on the number of offenders that can be housed in hotels/motels • Hotel/motel must pay for privilege of housing offenders and post a conspicuous sign in lobby stating that offenders are staying there 29 Sex Offenders Under Supervision Level 3 sex offender, or an offender whose victim is < 18 years old at the time of the offense, and is under parole or probation supervision, as a condition of their supervision, 1. Must refrain from entering within 1000 feet of school grounds, and 2. Is prohibited from certain internet usage (chat site, social networking, pornography) 30 COMMUNITY NOTIFICATION 31 Community Notification Four methods: • DCJS 1-800-262-3257 (All Offenders) • DCJS Web Site (Level 2 & 3 Offenders) http://www.criminaljustice.ny.gov/index.htm • Facebook (Level 2 & 3 Offenders) http://www.facebook.com/nyspublicsafety • Discretionary notification by Law Enforcement Agency (All Offenders) 32 Law Enforcement Community Notification Correction Law Section 168-l(6) • Discretionary – MAY disseminate relevant information. • Law does not specify frequency or method. • “entity with vulnerable populations related to the nature of the offense committed by such sex offender”. 33 Notification to whom? Effective 11/1/2005 law enforcement MUST have a list and the list MUST include (but not be limited to: Schools Nursing homes Parks Community centers School bus companies Civic associations Day care centers Libraries Nursery & pre-schools Victim advocacy groups Neighborhood watch Places of worship groups 34 What is Included • Level 1 – MAY include photo & description; MAY include other information; approximate address only by zip code. • Level 2 and 3– MUST include photo & description; MAY include other information; exact address OK. 35 What is Excluded • Social Security Number • Employment address for level 1s and 2s • NYSID # or FBI # • Employer name • Former addresses • Pending risk level cases 36 Methods of Community Notification • Law does not specify. • Flyers, letters, emails, website, verbal notification have been used. • Anyone receiving information may re-disseminate. Note: cannot use information to harass offender. 37 New York Alert see Correction Law § 168-q • DCJS has partnered with the New York State Emergency Management Office (SEMO) to provide sex offender relocation notices through SEMO’s NY- ALERT system, eff. March 15, 2010 • Level 2 & Level 3 Sex Offender relocation notices sent via telephone call, text message, or e-mail • Can chose 3 geographic areas (in any combination) by county, zip code, or radius around an address 38 Prevention DVD • DCJS has produced a prevention DVD, entitled Child Sexual Predators: The Familiar Stranger, which is designed to educate parents and caregivers on how sexual predators trap children into becoming their victims • DVD is available at public libraries and police stations for public viewing, as well as on the DCJS website 39 Thank You Risa S. Sugarman, Director Office of Sex Offender Management Division of Criminal Justice Services 4 Tower Place Albany, NY 12203 email@example.com (518) 457-5628 40