Bill Text: NY A08452 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to the residence of a sex offender near a school and the victim of such offender.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2018-01-03 - referred to correction [A08452 Detail]
Download: New_York-2017-A08452-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8452--A 2017-2018 Regular Sessions IN ASSEMBLY June 16, 2017 ___________ Introduced by M. of A. JEAN-PIERRE, MURRAY -- read once and referred to the Committee on Correction -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the correction law, the executive law, the mental hygiene law, the penal law, and the social services law, in relation to the residence of a sex offender The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 4 of section 168-f of the correction law, as 2 amended by chapter 67 of the laws of 2008, is amended and two new subdi- 3 visions 4-a and 4-b are added to read as follows: 4 4. Any sex offender shall register with the division no later than ten 5 calendar days after any change of address, internet accounts with inter- 6 net access providers belonging to such offender, internet identifiers 7 that such offender uses, or his or her status of enrollment, attendance, 8 employment or residence at any institution of higher education. A fee of 9 ten dollars, as authorized by subdivision eight of section one hundred 10 sixty-eight-b of this article, shall be submitted by the sex offender 11 each time such offender registers any change of address or any change of 12 his or her status of enrollment, attendance, employment or residence at 13 any institution of higher education. Any failure or omission to submit 14 the required fee shall not affect the acceptance by the division of the 15 change of address or change of status. Any failure or omission to 16 register any change of address or any change of his or her status of 17 enrollment, attendance, employment or residence at any institution of 18 higher education shall result in sentence of imprisonment for up to one 19 year, a fine of up to one thousand dollars, or both. 20 4-a. A sex offender required to register under this article who has 21 been given the level three designation, where the victim of a register- 22 ing offense was under the age of eighteen at the time of such offense, 23 who has established a residence shall not change said residence so as to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13138-02-7A. 8452--A 2 1 reside within the area defined as school grounds, as such term is 2 defined in subdivision fourteen of section 220.00 of the penal law, the 3 measurements to be taken in straight lines from the center of the near- 4 est entrance of the residence to the real property boundary line 5 comprising such school grounds. 6 4-b. A sex offender required to register under this article shall not 7 reside within a quarter mile from the workplace and residence of a 8 victim of such sex offender and, if such sex offender caused the death 9 of a victim, the sex offender shall not reside within a quarter mile 10 from the prior residence of the deceased victim, if the spouse, child, 11 step child, sibling, parent, grandparent or grandchild of the victim 12 continues to reside at such residence. 13 § 2. Section 203 of the correction law is amended by adding a new 14 subdivision 3 to read as follows: 15 3. Such guidelines and procedures promulgated by the commissioner in 16 accordance with subdivision one of this section shall prohibit the 17 placement of sex offenders designated level three, where the victim of 18 their offense was under the age of eighteen at the time of such offense, 19 from residing within the area defined as school grounds, as such term is 20 defined in subdivision fourteen of section 220.00 of the penal law, the 21 measurements to be taken in straight lines from the center of the near- 22 est entrance of the residence to the real property boundary line 23 comprising such school grounds. 24 Such guidelines and procedures shall also prohibit the placement of 25 sex offenders designated as level two or level three from residing with- 26 in a quarter mile from the workplace and residence of a victim of such 27 offender and, if such offender caused the death of a victim, the offen- 28 der shall not be placed within a quarter mile from the prior residence 29 of the deceased victim, if the spouse, child, step child, sibling, 30 parent, grandparent or grandchild of the victim continues to reside at 31 such residence. 32 § 3. Subdivision 4 of section 243 of the executive law, as added by 33 chapter 568 of the laws of 2008 and the opening paragraph as amended by 34 section 17 of part A of chapter 56 of the laws of 2010, is amended to 35 read as follows: 36 4. The office shall recommend to the commissioner rules and regu- 37 lations which shall include guidelines and procedures on the placement 38 of sex offenders designated as level two or level three offenders pursu- 39 ant to article six-C of the correction law, provided that such recom- 40 mended rules and regulations shall prohibit the placement of a sex 41 offender designated as a level three offender within the area defined as 42 school grounds, as such term is defined in subdivision fourteen of 43 section 220.00 of the penal law, the measurements to be taken in 44 straight lines from the center of the nearest entrance of the residence 45 to the real property boundary line comprising such school grounds. 46 Such recommended rules and regulations shall also prohibit the place- 47 ment of a sex offender designated as a level two or three from residing 48 within a quarter mile from the workplace and residence of a victim of 49 such offender and, if such offender caused the death of a victim, the 50 offender shall not be placed within a quarter mile from the prior resi- 51 dence of the deceased victim, if the spouse, child, step child, sibling, 52 parent, grandparent or grandchild of the victim continues to reside at 53 such residence. Such regulations shall instruct local probation depart- 54 ments to consider certain factors when investigating and approving the 55 residence of level two or level three sex offenders sentenced to a peri- 56 od of probation. Such factors shall include the following:A. 8452--A 3 1 (a) the location of other sex offenders required to register under the 2 sex offender registration act, specifically whether there is a concen- 3 tration of registered sex offenders in a certain residential area or 4 municipality; 5 (b) the number of registered sex offenders residing at a particular 6 property; 7 (c) the proximity of entities with vulnerable populations; 8 (d) accessibility to family members, friends or other supportive 9 services, including but not limited to locally available sex offender 10 treatment programs with preference for placement of such individuals 11 into programs that have demonstrated effectiveness in reducing sex 12 offender recidivism and increasing public safety; and 13 (e) the availability of permanent, stable housing in order to reduce 14 the likelihood that such offenders will be transient. 15 § 4. Subdivision (a) of section 10.11 of the mental hygiene law, as 16 added by chapter 7 of the laws of 2007, paragraphs 1 and 2 as amended by 17 section 118-e of subpart B of part C of chapter 62 of the laws of 2011, 18 is amended to read as follows: 19 (a) (1) Before ordering the release of a person to a regimen of strict 20 and intensive supervision and treatment pursuant to this article, the 21 court shall order that the department of corrections and community 22 supervision recommend supervision requirements to the court. These 23 supervision requirements, which shall be developed in consultation with 24 the commissioner, shall include a prohibition against a sex offender 25 designated as a level three offender residing within the area defined as 26 school grounds, as such term is defined in subdivision fourteen of 27 section 220.00 of the penal law, the measurements to be taken in 28 straight lines from the center of the nearest entrance of the residence 29 to the real property boundary line comprising such school grounds, and 30 shall include a prohibition against a sex offender from residing within 31 a quarter mile from the workplace and residence of a victim of such sex 32 offender and, if such sex offender caused the death of a victim, the sex 33 offender shall not reside within a quarter mile from the prior residence 34 of the deceased victim, if the spouse, child, step child, sibling, 35 parent, grandparent or grandchild of the victim continues to reside at 36 such residence and may include but need not be limited to, electronic 37 monitoring or global positioning satellite tracking for an appropriate 38 period of time, polygraph monitoring, specification of residence or type 39 or residence, prohibition of contact with identified past or potential 40 victims, strict and intensive supervision by a parole officer, and any 41 other lawful and necessary conditions that may be imposed by a court. In 42 addition, after consultation with the psychiatrist, psychologist or 43 other professional primarily treating the respondent, the commissioner 44 shall recommend a specific course of treatment. A copy of the recom- 45 mended requirements for supervision and treatment shall be given to the 46 attorney general and the respondent and his or her counsel a reasonable 47 time before the court issues its written order pursuant to this section. 48 (2) Before issuing its written order, the court shall afford the 49 parties an opportunity to be heard, and shall consider any additional 50 submissions by the respondent and the attorney general concerning the 51 proposed conditions of the regimen of strict and intensive supervision 52 and treatment. The court shall issue an order specifying the conditions 53 of the regimen of strict and intensive supervision and treatment, which 54 shall include a prohibition against a sex offender designated as a level 55 three offender residing within the area defined as school grounds, as 56 such term is defined in subdivision fourteen of section 220.00 of theA. 8452--A 4 1 penal law, the measurements to be taken in straight lines from the 2 center of the nearest entrance of the residence to the real property 3 boundary line comprising such school grounds, a prohibition against a 4 sex offender from residing within a quarter mile from the workplace and 5 residence of a victim of such sex offender and, if such sex offender 6 caused the death of a victim, the sex offender shall not reside within a 7 quarter mile from the prior residence of the deceased victim, if the 8 spouse, child, step child, sibling, parent, grandparent or grandchild of 9 the victim continues to reside at such residence, specified supervision 10 requirements and compliance with a specified course of treatment. A 11 written statement of the conditions of the regimen of strict and inten- 12 sive supervision and treatment shall be given to the respondent and to 13 his or her counsel, any designated service providers or treating profes- 14 sionals, the commissioner, the attorney general and the supervising 15 parole officer. The court shall require the department of corrections 16 and community supervision to take appropriate actions to implement the 17 supervision plan and assure compliance with the conditions of the regi- 18 men of strict and intensive supervision and treatment and to investigate 19 and approve the location of the respondent's residence and place of 20 employment. A regimen of strict and intensive supervision does not toll 21 the running of any form of supervision in criminal cases, including but 22 not limited to post-release supervision and parole. 23 § 5. Paragraph (a) of subdivision 4-a of section 65.10 of the penal 24 law, as amended by chapter 67 of the laws of 2008, is amended and two 25 new paragraphs (a-1) and (a-2) are added to read as follows: 26 (a) When imposing a sentence of probation or conditional discharge 27 upon a person convicted of an offense defined in article one hundred 28 thirty, two hundred thirty-five or two hundred sixty-three of this chap- 29 ter, or section 255.25, 255.26 or 255.27 of this chapter, and the victim 30 of such offense was under the age of eighteen at the time of such 31 offense or such person has been designated a level three sex offender 32 pursuant to subdivision six of section [168-l] one hundred sixty-eight-l 33 of the correction law, the court shall require, as a mandatory condition 34 of such sentence, that such sentenced offender shall refrain from know- 35 ingly entering into or upon any school grounds, as that term is defined 36 in subdivision fourteen of section 220.00 of this chapter, or any other 37 facility or institution primarily used for the care or treatment of 38 persons under the age of eighteen while one or more of such persons 39 under the age of eighteen are present, provided however, that when such 40 sentenced offender is a registered student or participant or an employee 41 of such facility or institution or entity contracting therewith or has a 42 family member enrolled in such facility or institution, such sentenced 43 offender may, with the written authorization of his or her probation 44 officer or the court and the superintendent or chief administrator of 45 such facility, institution or grounds, enter such facility, institution 46 or upon such grounds for the limited purposes authorized by the 47 probation officer or the court and superintendent or chief officer. 48 Nothing in this subdivision shall be construed as restricting any lawful 49 condition of supervision that may be imposed on such sentenced offender. 50 (a-1) When imposing a sentence of probation or conditional discharge 51 upon a person designated a level three sex offender, where the victim of 52 their offense was under the age of eighteen at the time of such offense, 53 the court shall require, as a mandatory condition of such sentence, that 54 such sentenced offender shall not reside within the area defined as 55 school grounds, as such term is defined in subdivision fourteen of 56 section 220.00 of the penal law, the measurements to be taken inA. 8452--A 5 1 straight lines from the center of the nearest entrance of the residence 2 to the real property boundary line comprising such school grounds. 3 (a-2) When imposing a sentence of probation or conditional discharge 4 upon a person convicted of a sex offense under article one hundred thir- 5 ty of this chapter, the court shall require, as mandatory conditions of 6 such sentence, that such sentenced offender be prohibited from residing 7 within a quarter mile from the workplace and residence of a victim or 8 victims of such sentenced offender and, if such sentenced offender 9 caused the death of a victim the sentenced offender shall not reside 10 within a quarter mile from the prior residence of the deceased victim, 11 if the spouse, child, step child, sibling, parent, grandparent or grand- 12 child of the victim continues to reside at such residence. 13 § 6. Subdivision 8 of section 20 of the social services law, as 14 amended by section 150 of subpart B of part C of chapter 62 of the laws 15 of 2011, is amended to read as follows: 16 8. (a) The office of temporary and disability assistance shall promul- 17 gate rules and regulations for the administration of this subdivision. 18 The rules and regulations shall provide for the conditions under which 19 local social services officials determine the placement of applicants 20 for and recipients of public assistance for whom a notice pursuant to 21 section two hundred three of the correction law, has been received and 22 who are: 23 (i) determined to be in immediate need of shelter; and 24 (ii) designated a level two or level three sex offender pursuant to 25 article six-C of the correction law. 26 (b) When making determinations in regard to the placement of such 27 individuals in shelter, local social services officials shall not place 28 a level three offender within an area defined as school grounds, as such 29 term is defined in subdivision fourteen of section 220.00 of the penal 30 law, the measurements to be taken in straight lines from the center of 31 the nearest entrance of the residence to the real property boundary line 32 comprising such school grounds, and shall not place any offender within 33 a quarter mile from the workplace and residence of a victim or victims 34 of such offender and, if such offender caused the death of a victim the 35 offender shall not be placed within a quarter mile from the prior resi- 36 dence of the deceased victim, if the spouse, child, step child, sibling, 37 parent, grandparent or grandchild of the victim continues to reside at 38 such residence and shall consider the following factors: 39 (i) the location of other sex offenders required to register pursuant 40 to the sex offender registration act, specifically whether there is a 41 concentration of registered sex offenders in a certain residential area 42 or municipality; 43 (ii) the number of registered sex offenders residing at a particular 44 property; 45 (iii) proximity of the entities with vulnerable populations; 46 (iv) accessibility to family members, friends or other supportive 47 services, including but not limited to locally available sex offender 48 treatment programs with preference for placement of such individuals 49 into programs that have demonstrated effectiveness in reducing sex 50 offender recidivism and increasing public safety; and 51 (v) investigation and approval of such placement by the department of 52 corrections and community supervision. 53 § 7. Local and/or state law enforcement agencies or their designee 54 may monitor and verify sex offender registration compliance, and coun- 55 ties may enact, by local law or resolution, requirements for sex offen- 56 ders to provide information to law enforcement agencies or their desig-A. 8452--A 6 1 nee, to verify their home and employment addresses which have been 2 registered pursuant to the provisions of the sex offender registration 3 act. 4 § 8. This act shall take effect on the first of November next succeed- 5 ing the date on which it shall have become a law.
