Sexual Offender Notifications
The Sex Offender Registration Act requires the Division of Criminal Justice Services (DCJS) to maintain a Sex Offender Registry. The Registry contains information on sex offenders classified according to their risk of re-offending: Level 1 (low-risk), Level 2 (moderate-risk) and Level 3 (high-risk). The DCJS Sex Offender Registry site contains their Subdirectory of Level 2 and Level 3 offenders, as well as, other information regarding New York State’s Sex Offender Registry.
The College does not independently verify registration information. Users are cautioned that the information provided is information of record that is reported to the College and may not reflect the current residence, status or other information regarding an offender. The College makes no express or implied guarantee concerning the accuracy of this data.
Anyone who uses this information to injure, harass or commit a criminal act against any person may be subject to criminal prosecution.
- Campus Notification Guidelines
-
When notified by the Division of Criminal Justice Services (DCJS) of the presence of a sex offender on campus, University Police will utilize notification methods currently in place to make timely warnings to the campus community, in a general or limited manner, as appropriate.
- When the College is notified by DCJS that a Level 2 or Level 3 sex offender is enrolled or employed at the College, the campus community will be informed through a timely warning via the SUNY Geneseo 911 email notification system.
- Notifications will be issued under the heading “Sex Offender Notice,” which will direct concerned individuals to contact the University Police Department website for more information, which will also provide a link to DCJS for more information.
- Warnings will indicate that a Level 2 or Level 3 sex offender is now enrolled or employed at the College and will indicate that further information can be obtained at DCJS by zip code (14454). Information given out by DCJS may include name, address, physical description, crime of conviction, modus operandi, type of victim targeted and special conditions imposed on parole.
- New York State Registered Sex Offenders and Institutions of Higher Education
-
- Under amendments to "Megan's Law," adopted to comply with a federal law known as the Campus Sex Crimes Prevention Act of 2000, sex offenders registered in New York are required to notify the Registry of any institution of higher education at which he or she is, or expects to be, whether for compensation or not, enrolled, attending or employed and whether such sex offender resides or expects to reside in a facility operated by the institution. Changes in status at the institution of higher education must also be reported no later than ten days after such change.
- The Law requires DCJS include this information regarding an institution of higher education on its Registry and that DCJS notify the campus University Police Department of the presence of such an individual.
- Information for dissemination to the campus community members includes: name, address (either home address if Level 3 offender or zip code if Level 2), physical description, crime of conviction, modus operandi, type of victim targeted and special conditions imposed on parole.
- Colleges and universities may promptly disseminate to the campus community information about Level 2 and Level 3 registered sex offenders by means of e-mail alerts, website links, campus publications, newspaper notices, and like mechanisms campuses use to make "timely warnings" of criminal activity under the Campus Security Act. Campus community notification advises of the receipt and availability of this information. Details about the offender may be made available at the University Police Department or via referral to the DCJS website.
- The requirement applying to institutions of higher education went into effect on October 28, 2002. Campuses must also include a statement to their Annual Security Report required by the Campus Security Act of 1990, advising the campus community where information concerning registered sex offenders transmitted to the campus by DCJS may be obtained.
- Definition of Sex Offender Levels
-
- Level 1 - If the risk of repeat offense is low, a level one designation shall be given to such sex offender. In such case the law enforcement agency or agencies having jurisdiction and the law enforcement agency or agencies having had jurisdiction at the time of his or her conviction shall be notified pursuant to the article.
- Level 2 - If the risk of repeat offense is moderate, a level two designation shall be given to such sex offender. In such case, the law enforcement agency or agencies having jurisdiction and the law enforcement agency or agencies having had jurisdiction at the time of his or her conviction shall be notified and may disseminate relevant information which may include the name of the sex offender, approximate address based on sex offender's zip code, a photograph of the offender, 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 any entity with vulnerable populations related to the nature of the offense committed by such sex offender. Any entity receiving information on a sex offender may disclose or further disseminate such information at its discretion.
- Level 3 - If the risk of repeat offense is high and there exists a threat to public safety, a level three designation shall be given to such sex offender. In such case, the law enforcement agency or agencies having jurisdiction and the law enforcement agency or agencies having had jurisdiction at the time of his or her conviction shall be notified and may disseminate relevant information, which may include the sex offender's name, exact address, a photograph of the offender, 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 any entity with vulnerable populations related to the nature of the offense committed by such sex offender. Any entity receiving information on a sex offender may disclose or further disseminate such information at its discretion. In addition, in such case, the information described herein shall also be provided in the subdirectory established in this article and notwithstanding any other provision of law, such information shall, upon request, be made available to the public.
- Non-Resident Employees and Students
-
- In accordance with federal requirements, New York must accept information from non-residents who come into the State to work or attend school where the person would be required to register in their state of residence.
- Because such individuals are not registered in the manner of a resident sex offender and no determination regarding the level of community notification has been made, the local law enforcement agency cannot perform community notification regarding those offenders.
- Details of the Sex Offender Registration Act (Correction Law §168)
-
- §168-a (4) has been expanded to include the law enforcement agency having jurisdiction over an institution of higher education within the definition of a law enforcement agency having jurisdiction if the offender is enrolled at, attends, or is employed by an institution of higher education.
- §168-b requires DCJS to include information regarding an institution of higher education on its Registry.
- §168-c requires that DCJS, or hospital or local correctional facility, in which a sex offender is confined require that such sex offender complete a form notifying DCJS of his or her proposed address upon release and any institution of higher education the offender expects to be enrolled, attending or employed and whether he or she expects to reside in a facility owned by the institution.
- §168-c requires that a probation officer require that a supervised sex offender complete a form notifying DCJS of any change of address or any change of status of enrollment, attendance, employment or residence at any institution of higher education while under supervision.
- §168-d requires the court to obtain the name and address of any institution of higher education at which the offender expects to be employed by, enrolled at or attending and whether the offender expects to reside in a facility owned or operated by that institution.
- §168-e requires a sex offender released from a correctional facility to provide the name and address of any institution of higher education the offender expects to be employed by, enrolled at or attending and whether the offender expects to reside in a facility owned or operated by the institution.
- §168-f (4) requires an offender to notify DCJS no later than ten (10) days after any change in status at an institution of higher education in addition to a change of residence address. A failure to provide such information could be prosecuted as a violation of §168-t.
- §168-j (4) and (95) set forth the notification procedures whenever a sex offender has indicated to DCJS that he or she will be enrolled in, attending or employed at an institution of higher education. DCJS will notify each law enforcement agency having jurisdiction.
- §168-l (6) authorizes the release of information concerning a sex offender's attendance, employment or residence at an institution of higher education when a community is notified of the presence of a Level 2 or Level 3 sex offender.
- §168-q authorizes the inclusion of information concerning a sex offender's attendance, employment or residence at an institution of higher education within the Subdirectory.