[HISTORY: Adopted by the Cayuga County Legislature as indicated
in article histories. Amendments noted where applicable.]
[Adopted 10-25-2005 by L.L. No. 4-2005]
This Legislature finds that sex offenders are prone to recidivism.
The community has an interest in protecting vulnerable populations
from sex offenders who may relapse into criminal behavior. This public
interest can best be served by disseminating information about such
offenders throughout the communities in which they reside. The New
York State Sex Offender Registration Act (SORA)[1] provides for the registration of convicted sex offenders
and the release of certain information about them by local law enforcement
agencies. While this law is an invaluable tool for informing the public
about the presence of certain convicted sex offenders in their communities,
this Legislature finds that it can be made more effective by giving
the Sheriff statutory authority to notify entities with vulnerable
populations about such offenders residing in their vicinity. This
article is therefore necessary to ensure the widest possible dissemination
of information about Level 2 and Level 3 sex offenders consistent
with SORA.
[1]
Editor's Note: See Correction Law § 168 et seq.
As used in this article, the following terms shall have the
meanings indicated:
Any community group, organization, association, or other
organized collection of people whose members are potential targets
of a registered sex offender.
A sex offender determined by the New York State Board of
Examiners of Sex Offenders to pose a moderate risk of recidivism.
A sex offender determined by the New York State Board of
Examiners of Sex Offenders to pose a high risk of recidivism.
A.
Level 2 offenders. Upon receiving notification as a law enforcement
agency having jurisdiction, as defined in Subdivision 4 of § 168-a
of the Correction Law of New York, pursuant to Subparagraph (b) of
Subdivision 6 of § 168-l of such law, the Sheriff shall
immediately disseminate relevant information including a photograph
and description of the offender, such offender's name and aliases,
approximate address based on zip code, background information including
the offender's crime of conviction, modus of operation, type of victim
targeted, the name and address of any institution of higher education
at which the sex offender is enrolled, attends, is employed or resides
and the description of special conditions imposed on the offender
to those entities, which in his determination have vulnerable populations
related to the nature of the offense committed by such sex offender.
B.
Level 3 offenders. Upon receiving notification as a law enforcement
agency having jurisdiction, as defined in Subdivision 4 of § 168-a
of the Correction Law of New York, pursuant to Subparagraph (c) of
Subdivision 6 of § 168-l of such law, the Sheriff shall
immediately disseminate relevant information including a photograph
and description of the offender, such offender's name and aliases,
exact address, address of the offender's place of employment, background
information, including the offender's crime of conviction, modus of
operation, type of victim targeted, the name and address of any institution
of higher education at which the sex offender is enrolled, attends,
is employed or resides and the description of special conditions imposed
on the offender to those entities which in his determination have
vulnerable populations related to the nature of the offense committed
by such sex offender.
The Sheriff shall promulgate rules and procedures mandating the widest possible dissemination of information regarding Level 2 and Level 3 offenders to entities with vulnerable populations as required by § 222-3A and B of this article. Such rules may provide for such dissemination to entities by means of electronic mail or such other methods of notification as may be deemed effective by the Sheriff, including, but not limited to, facsimile transmission, regular mail and door-to-door notification by members of the Cayuga County Sheriff's Office.
A.
The Sheriff shall establish and maintain a database categorizing
the County's vulnerable populations in relation to the nature of the
offenses for which a sex offender must register under § 168
et seq. of the Correction Law, as well the local entities in Cayuga
County having or providing services to such categories of vulnerable
populations, which may include, but shall not be limited to, public
and private schools, child day-care centers, senior care centers,
senior community centers, camps, organizations which serve primarily
children, women or vulnerable adults, and community groups located
in an area where a sex offender resides, expects to reside or is regularly
found. In addition, upon written request of an entity in the form
and manner established by the Sheriff, there shall be included in
such database any entity which, upon a review by the Sheriff, in his
sole discretion, is determined to be an entity with a vulnerable population.
B.
All contracts with the County of Cayuga providing for child care services in a family day-care home or group family day-care home, as such terms are defined in § 390 of the New York State Social Services Law and § 1007 of the County Government Law, shall be subject to the condition that said providers register with the Sheriff in accordance with § 222-3A and B of this article. This requirement to register with the Sheriff for sex offender notifications shall be incorporated in contracts for family day-care or group family day-care services entered into with the County of Cayuga.
Nothing in this article shall be deemed to impose any civil
or criminal liability upon or to give rise to a cause of action against
any official, employee or agency of Cayuga County for failing to disseminate
information as provided in this article.
If any clause, sentence, paragraph, subdivision, section or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership, entity or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair effect or invalidate
the paragraph, subdivision, section or part of this article or in
its application to the person, individual, corporation, firm, partnership,
entity or circumstance directly involved in the controversy in which
such order or judgment shall be rendered.
