Inconsistencies Found in NYS Sex Offender Registration Law

When a person in New York State is convicted of a crime that lands them on the NYS Sex Offender Registry, they are facing serious repercussions regarding where they can live, work, and spend time in order to protect the public from any potential future actions. Anyone who is a convicted sex offender in New York State is required to inform the law enforcement of their municipality of where they live. If they ever decide to move, they have to fill out a change of address form with the local law enforcement notifying them that they are leaving.

However, a major loophole that may put others in danger has been recently discovered by The Journal News, the major newspaper of the Lower Hudson Valley. The flaw that has been discovered in this important piece of legislation is that when a registered sex offender moves and submits their change of address form to the police department, it doesn’t always get sent to the New York State Sex Offender Registry. Law enforcement has never been legally required to send over those documents, so whether or not the registry list has updated, accurate information is unknown.

Now, local lawmakers are trying to close the loophole to ensure the safety of children throughout the state. It is imperative that the registry is always up to date and that law enforcement agencies that receive the change in address forms forward the new information to the appropriate people. Without updated or accurate information, the purpose of the registry of sex offenders is defeated. A Rockland County assemblyman is looking into changing the legislation so law enforcement would be required to forward any new information to the Division of Criminal Justice Services no later than three days after they have been made aware of the changes.

If you require the services of an experienced criminal or family law attorney, contact Penichet & Alberga LLP for a consultation.