BILL NUMBER: S7830
SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:
An act to amend the correction law, in relation to registration require-
ments applicable to certain sex offenders who are transient
 
PURPOSE:
This bill would remedy the Sex Offender Registration Act being deemed
unconstitutional as it relates to homeless sex offenders.
 
SUMMARY OF PROVISIONS:
Section one of the bill amends subdivision 3 of § 168-f of the
correction law to, for this subdivision, define transient as "a person
who has no residence" and residence as "one or more addresses at which a
person regularly resides, regardless of the number of days or night's
spent there, such as a shelter or structure that can be located by
street address, including, but not limited to, houses, apartment build-
ings, motels, hotels, homeless shelters, and recreational and other
vehicles." This subdivision also obligates any person who is required to
register pursuant to this article (the Sex Offender Registration Act)
and who is a transient to:
(i) Register within five days after being released from incarceration,
placement or commitment, or probation unless he or she registered as a
transient within thirty days from the date of their release from incar-
ceration
(ii) Re-register every thirty days after initial registration
(iii) Provide a list of the places he or she steeps, eats, works,
frequents, and engages in leisure activity, in addition to current
information as required by the division of criminal justice services
(DM), however, if he or she changes or adds to the places listed on the
form during the thirty day period, he or she is not required to report
the new place or places until the next required re-registration
(iv) Register with the local law enforcement agency in which he or she
is present or the sheriff of the county, within five working days of
coming into the state if he or she was convicted in another jurisdiction
(v) Register in the jurisdiction in which he or she is physically pres-
ent on the fifth working day following release if he or she is not phys-
ically present in any one jurisdiction for five consecutive working days
(vi) Within five business days of moving out of state inform the local
law enforcement agency where he or she is physically present, in person,
of his or her move out of state and of his or her planned destination
residence, or transient location out of state, and any plans he or she
has to return to the state, if known and requires the law enforcement
agency to forward a copy of the change of location to DCJS within three
days who shall then forward the appropriate registration data to the law
enforcement agency having local jurisdiction or the new place of resi-
dence or location.
Section two of the bill provides the effective date.
 
JUSTIFICATION:
On February 2, 2023, the Supreme Court, Appellate Division First Judi-
cial Department found that the part of the Sex Offender Registration Act
(SORA) requiring a sex offender designated as a sexual predator or a
level three sex offender to verify his or her address with the appropri-
ate authorities every ninety days "void for vagueness when applied to
one who is homeless without an address."
The Court stated their holding should not be taken to mean that all
homeless sex offenders were exempt from the statute's reporting require-
ments, but that their decision rendered unconstitutional the address
registration requirement as applied to homeless sex offenders who
possess no address for their residence, specifically mentioning that it
did not exempt homeless sex offenders who were able to provide an
address such as a shelter at which they were staying.
The Court also asserted that it was "uniquely within the legislative
province to develop registration requirements that will apply to sex
offenders who are homeless and without a specific address to report to
the pertinent authorities." This legislation seeks to do just that.
Modeled after California law, this bill would require a homeless person
designated as a sex offender to provide the Division of Criminal Justice
Services (DCJS) a list of places where he or she sleeps, eats, works,
and spends time, every thirty days, regardless of their designation. It
also establishes procedures for when a homeless sex offender enters or
leaves the state or if he or she is not in one jurisdiction for five
consecutive working days.
 
PRIOR LEGISLATIVE HISTORY:
2023-24: A.6881 - Correction
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S7830: 168-f correction law, 168-f(3) correction law