Bill Text: NY A08452 | 2017-2018 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8452 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 AN ACT to amend the correction law, the executive law, the mental hygiene law, the penal law, the social services law and the county 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 a new subdivi- 3 sion 4-a is 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 24 reside within the area defined as school grounds, as such term is EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13138-01-7A. 8452 2 1 defined in subdivision fourteen of section 220.00 of the penal law, the 2 measurements to be taken in straight lines from the center of the near- 3 est entrance of the residence to the real property boundary line 4 comprising such school grounds. 5 § 2. Section 203 of the correction law is amended by adding a new 6 subdivision 3 to read as follows: 7 3. Such guidelines and procedures promulgated by the commissioner in 8 accordance with subdivision one of this section shall prohibit the 9 placement of sex offenders designated level three, where the victim of 10 their offense was under the age of eighteen at the time of such offense, 11 from residing within the area defined as school grounds, as such term is 12 defined in subdivision fourteen of section 220.00 of the penal law, the 13 measurements to be taken in straight lines from the center of the near- 14 est entrance of the residence to the real property boundary line 15 comprising such school grounds. 16 § 3. Subdivision 4 of section 243 of the executive law, as added by 17 chapter 568 of the laws of 2008 and the opening paragraph as amended by 18 section 17 of part A of chapter 56 of the laws of 2010, is amended to 19 read as follows: 20 4. The office shall recommend to the commissioner rules and regu- 21 lations which shall include guidelines and procedures on the placement 22 of sex offenders designated as level two or level three offenders pursu- 23 ant to article six-C of the correction law, provided that such recom- 24 mended rules and regulations shall prohibit the placement of a sex 25 offender designated as a level three offender 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. Such 30 regulations shall instruct local probation departments to consider 31 certain factors when investigating and approving the residence of level 32 two or level three sex offenders sentenced to a period of probation. 33 Such factors shall include the following: 34 (a) the location of other sex offenders required to register under the 35 sex offender registration act, specifically whether there is a concen- 36 tration of registered sex offenders in a certain residential area or 37 municipality; 38 (b) the number of registered sex offenders residing at a particular 39 property; 40 (c) the proximity of entities with vulnerable populations; 41 (d) accessibility to family members, friends or other supportive 42 services, including but not limited to locally available sex offender 43 treatment programs with preference for placement of such individuals 44 into programs that have demonstrated effectiveness in reducing sex 45 offender recidivism and increasing public safety; and 46 (e) the availability of permanent, stable housing in order to reduce 47 the likelihood that such offenders will be transient. 48 § 4. Subdivision (a) of section 10.11 of the mental hygiene law, as 49 added by chapter 7 of the laws of 2007, paragraphs 1 and 2 as amended by 50 section 118-e of subpart B of part C of chapter 62 of the laws of 2011, 51 is amended to read as follows: 52 (a) (1) Before ordering the release of a person to a regimen of strict 53 and intensive supervision and treatment pursuant to this article, the 54 court shall order that the department of corrections and community 55 supervision recommend supervision requirements to the court. These 56 supervision requirements, which shall be developed in consultation withA. 8452 3 1 the commissioner, shall include a prohibition against a sex offender 2 designated as a level three offender residing within the area defined as 3 school grounds, as such term is defined in subdivision fourteen of 4 section 220.00 of the penal law, the measurements to be taken in 5 straight lines from the center of the nearest entrance of the residence 6 to the real property boundary line comprising such school grounds, may 7 include but need not be limited to, electronic monitoring or global 8 positioning satellite tracking for an appropriate period of time, poly- 9 graph monitoring, specification of residence or type or residence, 10 prohibition of contact with identified past or potential victims, strict 11 and intensive supervision by a parole officer, and any other lawful and 12 necessary conditions that may be imposed by a court. In addition, after 13 consultation with the psychiatrist, psychologist or other professional 14 primarily treating the respondent, the commissioner shall recommend a 15 specific course of treatment. A copy of the recommended requirements for 16 supervision and treatment shall be given to the attorney general and the 17 respondent and his or her counsel a reasonable time before the court 18 issues its written order pursuant to this section. 19 (2) Before issuing its written order, the court shall afford the 20 parties an opportunity to be heard, and shall consider any additional 21 submissions by the respondent and the attorney general concerning the 22 proposed conditions of the regimen of strict and intensive supervision 23 and treatment. The court shall issue an order specifying the conditions 24 of the regimen of strict and intensive supervision and treatment, which 25 shall include a prohibition against a sex offender designated as a level 26 three offender residing within the area defined as school grounds, as 27 such term is defined in subdivision fourteen of section 220.00 of the 28 penal law, the measurements to be taken in straight lines from the 29 center of the nearest entrance of the residence to the real property 30 boundary line comprising such school grounds, specified supervision 31 requirements and compliance with a specified course of treatment. A 32 written statement of the conditions of the regimen of strict and inten- 33 sive supervision and treatment shall be given to the respondent and to 34 his or her counsel, any designated service providers or treating profes- 35 sionals, the commissioner, the attorney general and the supervising 36 parole officer. The court shall require the department of corrections 37 and community supervision to take appropriate actions to implement the 38 supervision plan and assure compliance with the conditions of the regi- 39 men of strict and intensive supervision and treatment and to investigate 40 and approve the location of the respondent's residence and place of 41 employment. A regimen of strict and intensive supervision does not toll 42 the running of any form of supervision in criminal cases, including but 43 not limited to post-release supervision and parole. 44 § 5. Paragraph (a) of subdivision 4-a of section 65.10 of the penal 45 law, as amended by chapter 67 of the laws of 2008, is amended and a new 46 paragraph (a-1) is added to read as follows: 47 (a) When imposing a sentence of probation or conditional discharge 48 upon a person convicted of an offense defined in article one hundred 49 thirty, two hundred thirty-five or two hundred sixty-three of this chap- 50 ter, or section 255.25, 255.26 or 255.27 of this chapter, and the victim 51 of such offense was under the age of eighteen at the time of such 52 offense or such person has been designated a level three sex offender 53 pursuant to subdivision six of section [168-l] one hundred sixty-eight-l 54 of the correction law, the court shall require, as a mandatory condition 55 of such sentence, that such sentenced offender shall refrain from know- 56 ingly entering into or upon any school grounds, as that term is definedA. 8452 4 1 in subdivision fourteen of section 220.00 of this chapter, or any other 2 facility or institution primarily used for the care or treatment of 3 persons under the age of eighteen while one or more of such persons 4 under the age of eighteen are present, provided however, that when such 5 sentenced offender is a registered student or participant or an employee 6 of such facility or institution or entity contracting therewith or has a 7 family member enrolled in such facility or institution, such sentenced 8 offender may, with the written authorization of his or her probation 9 officer or the court and the superintendent or chief administrator of 10 such facility, institution or grounds, enter such facility, institution 11 or upon such grounds for the limited purposes authorized by the 12 probation officer or the court and superintendent or chief officer. 13 Nothing in this subdivision shall be construed as restricting any lawful 14 condition of supervision that may be imposed on such sentenced offender. 15 (a-1) When imposing a sentence of probation or conditional discharge 16 upon a person designated a level three sex offender, where the victim of 17 their offense was under the age of eighteen at the time of such offense, 18 the court shall require, as a mandatory condition of such sentence, that 19 such sentenced offender shall not reside within the area defined as 20 school grounds, as such term is defined in subdivision fourteen of 21 section 220.00 of the penal law, the measurements to be taken in 22 straight lines from the center of the nearest entrance of the residence 23 to the real property boundary line comprising such school grounds. 24 § 6. Subdivision 8 of section 20 of the social services law, as 25 amended by section 150 of subpart B of part C of chapter 62 of the laws 26 of 2011, is amended to read as follows: 27 8. (a) The office of temporary and disability assistance shall promul- 28 gate rules and regulations for the administration of this subdivision. 29 The rules and regulations shall provide for the conditions under which 30 local social services officials determine the placement of applicants 31 for and recipients of public assistance for whom a notice pursuant to 32 section two hundred three of the correction law, has been received and 33 who are: 34 (i) determined to be in immediate need of shelter; and 35 (ii) designated a level two or level three sex offender pursuant to 36 article six-C of the correction law. 37 (b) When making determinations in regard to the placement of such 38 individuals in shelter, local social services officials shall not place 39 a level three offender within an area defined as school grounds, as such 40 term is defined in subdivision fourteen of section 220.00 of the penal 41 law, the measurements to be taken in straight lines from the center of 42 the nearest entrance of the residence to the real property boundary line 43 comprising such school grounds, and shall consider the following 44 factors: 45 (i) the location of other sex offenders required to register pursuant 46 to the sex offender registration act, specifically whether there is a 47 concentration of registered sex offenders in a certain residential area 48 or municipality; 49 (ii) the number of registered sex offenders residing at a particular 50 property; 51 (iii) proximity of the entities with vulnerable populations; 52 (iv) accessibility to family members, friends or other supportive 53 services, including but not limited to locally available sex offender 54 treatment programs with preference for placement of such individuals 55 into programs that have demonstrated effectiveness in reducing sex 56 offender recidivism and increasing public safety; andA. 8452 5 1 (v) investigation and approval of such placement by the department of 2 corrections and community supervision. 3 § 7. The county law is amended by adding a new section 663 to read as 4 follows: 5 § 663. Sex offender monitoring and verification. 1. The sheriff shall 6 provide for the: 7 (a) verification of residency reporting of all registered sex offen- 8 ders who are not homeless and who are required to report pursuant to 9 article six-C of the correction law; 10 (b) proactive monitoring of registered sex offenders to ensure accu- 11 rate reporting of registered sex offender addresses, which includes 12 monitoring of social media for address verification and to ensure regis- 13 tered sex offenders are not using social media in violation of applica- 14 ble law; 15 (c) development of a system for the community reporting of violations 16 by sex offenders; 17 (d) development of community email alert and website enhancements to 18 provide notification of registered sex offenders; 19 (e) provision of crime victim services; and 20 (f) provision of community outreach and prevention education. 21 2. The sheriff shall utilize available resources to enhance or develop 22 and implement registered sex offender monitoring and enforcement which 23 may include, but not be limited to: 24 (a) strengthening address verification efforts, including shelter site 25 verification; 26 (b) electronic distribution of registered sex offender addresses, 27 photos, motor vehicle driver information and registration information to 28 sector patrols; 29 (c) establishing permanent patrol checks; 30 (d) developing patrol officer intelligence reports for each officer- 31 registered sex offender contact; and 32 (e) developing watch lists. 33 § 8. This act shall take effect on the first of November next succeed- 34 ing the date on which it shall have become a law.
