NY Corr L § 168-F (2021)
2021 New York Laws COR - Correction Article 6-C - Sex Offender Registration Act 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.