WPCNR Police Gazette. By John F. Bailey. September 20, 2007: Mayor Joseph Delfino and Commissioner of Public Safety Dr. Frank Straub announced today the police will notify all city residents informing them of the  Level 2 and 3 sex offenders living within the city. Commissioner Straub the first mailing would go out within 30 days. Should any new Level 2 or 3 offender move into the community between annual mailings, the police will conduct a risk assessment on the person and inform the neighborhood, and place the name on the city website and notify those responsible “for the care of vulnerable populations.”

Mayor Joseph Delfino Announcing the new White Plains Sex Offender Neighborhood Notification Program Friday morning. At left, is Commissioner of Public Safety, Dr.Frank Straub.

What the Report Will Look Like When Residents Receive it in the Mail, and how it will appear on the city Website. The First mailed report of Level 2, and 3 Sex Offenders living in White Plains, should be out to residents by early November.  Links on the city website (www.cityofwhiteplains.com) will direct viewers with the New York State Sex Offender Registry for further information

Straub made it clear that addresses would not be provided for Level 2s, (addresses only for level 3s) but the addresses of those offenders may be found on the New York State Sex Offender Registry. That site may be found at http://www.criminaljustice.state.ny.us/index.htm

Police Aware of all criminals released into city.

Perform Risk Assessments, Ask Their Needs.   

 Straub told the CitizeNetReporter that when any convicted felons are released into White Plains by the county, after serving prison sentences, the White Plains police are informed. The White Plains Police perform a risk assessment and visit that person, asking if the person needs any form of rehab, job counseling, or substance abuse counseling.  Staub said the police are prohibited from conducting this procedure with Level 2 & 3 sex offenders. Straub said his department began this procedure about two years ago.

Commissioner Straub Taking Reporters Questions Today.

32 Live in the City Today.

In the course of the news conference Straub announced there were  15 Level 1 Sex Offenders; 10 Level 2 Sex Offenders, and 7 Level 3 offenders living around the city as of this morning’s news conference.

For reader's information, Level 2 and Level 3 Sexual Predators are classified as follows by the New York State Department of Justice:

Straub told WPCNR the 17 Level 2 & 3  individuals  and the 15 Level 1s were not concentrated in any one section of the city (“There are no clusters.”) He said some live with family and parents. He also admonished the assembled media that the notification procedure announced today “is no panacea,” that parents need to take responsibility for the childrens’ wellbeing and be vigilant. )

Mayor Joseph Delfino said he hoped in the future, depending on what legal counsel says the city can impart on these individuals, the Mayor hoped for an interactive map on the city website, of the city for residents, if legal counsel advises the city it can do so.

More Information Options being Explored

The Mayor said “This is a major step forward for the City in distributing information to our residents, schools and other organizations that have a concern in this matter.”

Anthony Pilla, a candidate for Common Council, and father of a 6 and 8 year old who take the school bus from a top on Chatterton Parkway, said when asked if this step was enough, said “It’s time.” Patti Cantu, another Battle Hill resident again agreed it was something that should have been done all long

Crimes Requiring the Released Individual to Be Registered.

According to the Department of Justice website the following table are the sex-related crimes that require classification of individuals as Level 1, 2, or 3 Sex Offenders.

Penal Law Statute	Offense Class	Offense
130.20	A Misdemeanor	sexual misconduct
130.25	E Felony	rape in the third degree
130.30	D Felony	rape in the second degree
130.35	B Felony	rape in the first degree
130.40	E Felony	criminal sexual act in the third degree
130.40	E Felony	sodomy in the third degree
130.45	D Felony	criminal sexual act in the second degree
130.45	D Felony	sodomy in the second degree
130.50	B Felony	criminal sexual act in the first degree
130.50	B Felony	sodomy in the first degree
130.521	A Misdemeanor	forcible touching
130.53	E Felony	persistent sexual abuse
130.551	B Misdemeanor	sexual abuse in the third degree
130.60	A Misdemeanor	sexual abuse in the second degree
130.65	D Felony	sexual abuse in the first degree
130.65-a	E Felony	aggravated sexual abuse in the fourth degree
130.66	D Felony	aggravated sexual abuse in the third degree
130.67	C Felony	aggravated sexual abuse in the second degree
130.70	B Felony	aggravated sexual abuse in the first degree
130.75	B Felony	course of sexual conduct against a child in the first degree
130.80	D Felony	course of sexual conduct against a child in the second degree
130.90	D Felony	facilitating a sex offense with a controlled substance
130.95	A-II Felony	predatory sexual assault
130.96	A-II Felony	predatory sexual assault against a child
135.052	A Misdemeanor	unlawful imprisonment in the second degree
135.102	E Felony	unlawful imprisonment in the first degree
135.202	B Felony	kidnapping in the second degree
135.252	A-1 Felony	kidnapping in the first degree
230.043	A Misdemeanor	patronizing a prostitute in the third degree
230.05	E Felony	patronizing a prostitute in the second degree
230.06	D Felony	patronizing a prostitute in the first degree
230.30(2)	C Felony	promoting prostitution in the second degree
230.32	B Felony	promoting prostitution in the first degree
230.33	B Felony	compelling prostitution
235.22	D Felony	disseminating indecent material to minors in the first degree
250.45(2), (3) and (4)4	E Felony	unlawful surveillance in the second degree
250.50	D Felony	unlawful surveillance in the first degree
255.25	E Felony	Incest (committed prior to 11/1/06)
255.25	E Felony	Incest in the third degree
255.26	D Felony	Incest in the second degree
255.27	B Felony	Incest in the first degree
263.05	C Felony	use of a child in a sexual performance
263.10	D Felony	promoting an obscene sexual performance by a child
263.11	E Felony	possessing an obscene sexual performance by a child
263.15	D Felony	promoting a sexual performance by a child
263.16	E Felony	possessing a sexual performance by a child

¹ A registerable offense only if the victim is less than eighteen years of age or where the defendant has a prior conviction for a sex offense, a sexually violent offense, forcible touching or sexual abuse in the third degree or an attempt thereof even if registration was not required for the prior conviction; regardless of when the prior conviction occurred.

² A registerable offense only if the victim is less than seventeen years old and the offender is not the parent of the victim.

³A registerable offense only if the person patronized is in fact less than seventeen years old.

⁴A registerable offense unless the trial court finds that registration would be unduly harsh and inappropriate. Please note that an attempt to commit this offense does not require registration.