Transcript 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.
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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.
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Number of Registered Sex Offenders
• As of June 25, 2012
– Level 1
– Level 2
– Level 3
– Pendings
12,949
12,082
8,420
731
Total
34,182
Updated on www.criminal.justice.state.ny.us every Monday
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Topics to be Covered
• Perpetrator/Victim Typology
• eSTOP
• Charges under SORA
• Residency Restrictions
• Community Notification
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Jacob Wetterling
Megan Kanka
Jessica Lunsford
Adam Walsh
Jaycee Dugard
Somer ReneeThomson
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What reactions do all of these
cases elicit?
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PANIC!!
Sympathy
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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.
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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).
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New York Statistics
** 85% of registered NYS sex offenders have V < 18 y.o. **
100
94
90
83
80
70
65
60
Stranger
50
Non-stranger
40
35
30
17
20
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
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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.
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eSTOP
~ Electronic Security and Targeting of Online Predators ~
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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)
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eSTOP for Offenders under Supervision
• Mandatory Conditions of Supervision
•
Probation & Conditional Discharge
•
Parole & Conditional Release
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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
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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**
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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
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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.
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eSTOP Initiative
(by Feb. 2010)
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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
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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
ALLEGANY - 31
BRONX - 170
BROOME - 110
CATTARAUGUS - 33
CAYUGA - 41
CHAUTAUQUA - 61
CHEMUNG - 45
CHENANGO - 26
CLINTON - 42
COLUMBIA - 13
CORTLAND - 32
DELAWARE - 9
DUTCHESS - 70
ERIE - 160
ESSEX - 19
FRANKLIN - 26
FULTON - 34
GENESEE - 23
GREENE - 18
HAMILTON - 1
HERKIMER - 38
JEFFERSON - 71
KINGS - 225
LEWIS - 10
LIVINGSTON - 39
MADISON - 30
MONROE - 192
MONTGOMERY - 37
NASSAU - 119
NEW YORK - 139
NIAGARA – 75
ONEIDA - 105
ONEIDA - 105
ONONDAGA - 155
ONTARIO - 37
ORANGE - 69
ORLEANS - 20
OSWEGO - 57
OTSEGO - 16
PUTNAM - 16
QUEENS - 208
RENSSELAER - 57
RICHMOND - 46
ROCKLAND - 32
SAINT LAWRENCE - 68
SARATOGA - 71
SCHENECTADY - 57
SCHOHARIE - 6
SCHUYLER - 12
SENECA - 22
STEUBEN - 70
SUFFOLK - 190
SULLIVAN - 25
TIOGA - 28
TOMPKINS - 27
ULSTER - 59
WARREN - 45
WASHINGTON - 39
WAYNE - 47
WESTCHESTER - 89
WYOMING - 21
YATES - 15
Out of state or invalid zip
code - 614
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SEX OFFENDER
REGISTRATION ACT
(SORA)
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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)
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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.
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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.
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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!
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NIMBY – new laws
often result from public outcry
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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
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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)
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COMMUNITY NOTIFICATION
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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)
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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”.
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Notification to whom?
Effective 11/1/2005 law enforcement MUST have
a list and the list MUST include (but not be
limited to:
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Schools
Parks
School bus companies
Day care centers
Nursery & pre-schools
Neighborhood watch
groups
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Nursing homes
Community centers
Civic associations
Libraries
Victim advocacy groups
Places of worship
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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.
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What is Excluded
• Social Security Number
• Employment address
for level 1s and 2s
• NYSID # or FBI #
• Employer name
• Former addresses
• Pending risk level cases
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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.
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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 NYALERT 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
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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
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Thank You
Risa S. Sugarman, Director
Office of Sex Offender Management
Division of Criminal Justice Services
4 Tower Place
Albany, NY 12203
[email protected]
(518) 457-5628
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