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National

NY: Statement on Landmark Appellate Decision Limiting the Reach of SORA Residency Restrictions

[legalaidnyc.org – 2/21/19]

The Legal Aid Society applauded a ruling rendered today by the New York State Appellate Division – Third Department, rejecting the New York State Department of Correction and Community Supervision’s (DOCCS) interpretation of the statutory residency restrictions faced by individuals with prior sex offense convictions.

Specifically, the court held that people whose sex offense sentences had already expired were not subject to the law’s harsh mandatory residency restrictions when they were released to parole following a subsequent non-sex offense conviction. The ruling represents the first such limitation imposed by an appellate tribunal on these restrictions since the law’s enactment.

These restrictions have garnered recent criticism – especially in New York City – for making it virtually impossible for individuals to locate compliant addresses.

Read more

Related links:

The decision: http://www.nycourts.gov/reporter/3dseries/2019/2019_01267.htm

 

Join the discussion

  1. Agamemnon

    Thank God logic and compassion still exists in some way somewhere.

  2. E

    Sad how a law that is so obviously intended to hurt a group of people and subject them to suffering is looked on as a great victory when overturned. It’s like we should be happy to be allowed to walk the streets.

  3. Bill

    Thanks for posting! If anyone wants to read the decision, http://www.nycourts.gov/reporter/3dseries/2019/2019_01267.htm

  4. NY won’t let go

    That’s great, now if they could work on NYs international reaching registry power.

    • PK

      As well as their over-reach in forcing RSO’s to be on their NY Registry-
      who haven’t lived in NY, worked in NY, or paid taxes in NY for over 20 years!

      • Scotus Save Us Now

        Florida you can visit for 4 days and are kept on the list until death + 1 year… thats even worse… with the whole list being public… At least in NY you have to be here 10 days to be trapped. That has to be a chilling effect on travel

        • NY won’t let go

          I still don’t understand why people go to Florida, no offense if you like it there, but if there is a whole set of memes dedicated to a state, that really says something about it.

          It’s even worse when the homeless of Detroit talk shit about it and would rather stay in the blizzard than go there😂

  5. steve

    The pendulum is swinging.

  6. David

    Has anybody in New York had a problem with jobs because on the registry it post work Adress? Has that ever come up I’m looking into moving to New York and just curious if anybody has any experience with it? (NYC)

    • NY won’t let go

      I still think you should rethink moving to NY, but to answer your question.

      If you work in food there are still a lot of delis and restaurants that will hire you without issue as long as you are good at what you do,

      I had issues finding work because I had to list the address of my jobs and was told that they didn’t want it to tarnish their business by listing their addresses.

      For office work or even to work at any fast food place, they won’t hire you. They even added the question “Are you or have you ever been a convicted sex offender?” Question onto their job applications last time I had tried to apply for a position in Taco Bell, Burger King, Pizza Hut, KFC, and a few other places.

      If you have any other type of crime you can get a job pretty easy but when it comes to the registry many people discriminate unless they take the time to get to know the real you. Luckily I had made some friends that knew me for me and they put in a good word and got me a job.

      • David

        That’s crazy they list the Adress! When moving to nyc where do you go to register when you get there if I’m moving to Staten Island?

        • NY won’t let go

          The registration office is in lower Manhattan at 100 Centre street 14th floor if I remember correctly. I’ve only had to walk in there twice. If you notify the place you register that you’re moving there they will call the number that the cops have and schedule you to come in.

          Even when I went on my trips overseas they just told me to call or email them. The cops that work there are pretty nice people as long as you’re not a dick to them.

          The line there sucks because you have to sign in and wait, and all their files are still kept in hard copy.

          The ones that work in Albany are jerks.

          Just a note, it’s also a courthouse so don’t bring any knives or anything. You’ll set off the metal detectors.

  7. David

    Thank you for the answer back I really appreciate it couple more ?s
    If I have Facebook will they require me give them my Facebook info and I’ve heard they contact Facebook to give registered citizens Facebook info and they get blocked? Not sure if that’s true and do they do residency check? A lot of how are they?

    • NY won’t let go

      You have to provide any and all screen names and email addresses. They send your email to Facebook so that you will get banned, You’re not allowed to play Pokémon Go, and to answer your other post after Michigan had forwarded my information to them and I arrived the asked me to come in as soon as I was free but before a certain time and day.

      So I’m not sure if it’s technically an appointment, but they called me 😅

      I had never had a residency check, but there wasn’t a residency restriction. If they wanted to find me it wouldn’t have been hard anyway I knew a ton of cops because they had always come into my store to get food or coffee.

      • AJ

        @NY won’t let go:
        “They send your email to Facebook so that you will get banned.”
        —–
        Sort of, but not exactly or directly. The Feds are much sneakier than that and take a more reactive approach (to try to avoid judicial scrutiny, IMO). Under 34 U.S.C. 20917, they, “maintain a secure system that permits social networking websites to compare the information contained in the National Sex Offender Registry with the Internet identifiers of users of the social networking websites, and view only those Internet identifiers that match.” If there’s a matching ID, the social media site, “may make a request of the Attorney General for, and the Attorney General shall provide promptly, information related to the identity of the individual that has registered the matched Internet identifier. This information is limited to the name, sex, resident address, photograph, and physical description.”

        It’s sort of a cruel version of Go Fish, where social media gets to keep asking and asking.

        FB: “Do you have any B!ll Clint0n?”
        AG: “Go Fish.”
        FB: “Do you have any H@rvey W3instein?”
        AG: “Go Fish.”
        FB: “Do you have any C@rlos D@nger?”
        AG: “Yes. Here’s all my Anth0ny We!ner info.”

        • NY won’t let go

          Ahhh that makes sense, kinda. All I know is my Facebook was immediately banned the day after I gave them my email address that I used for it.

        • NY won’t let go

          Here is what is says on the NY faq it’s like a we are doing this but it’s not our fault 😂

          The Act authorizes the DCJS, upon request, to provide sex offender internet information to social networking websites which have members under the age of 18. The websites may use the information to prescreen or remove sex offenders from their services and/or advise law enforcement of potential threats to public safety and/or violations of law. Please note that DCJS does not control whether websites remove offenders from their sites, nor does the law prohibit offenders from using the Internet.

  8. David

    Do you have to setup a appt or can you just go in ? To register

    • DD

      I’ve lived in one state for my entire registry term because of family ties and my info was not public, but just out of curiosity, have you looked into seeing if there are any other states that would actually let you off the registry if you moved there?

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