[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) 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.
As used in this article, the following terms shall have the
meanings indicated:
ENTITY WITH A VULNERABLE POPULATION
Any community group, organization, association, or other
organized collection of people whose members are potential targets
of a registered sex offender.
LEVEL 2 OFFENDER
A sex offender determined by the New York State Board of
Examiners of Sex Offenders to pose a moderate risk of recidivism.
LEVEL 3 OFFENDER
A sex offender determined by the New York State Board of
Examiners of Sex Offenders to pose a high risk of recidivism.
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.
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.