2023 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.