Bill Text: NY A00020 | 2019-2020 | General Assembly | Introduced
Bill Title: Provides for monitoring of persons who are pedophiles and both level 3 sex offenders and sexual predators or predicate sex offenders with global positioning system; establishes that the period will be determined by court; provides for the right to appeal, right to modify or terminate order and right to counsel.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2020-01-08 - referred to correction [A00020 Detail]
Download: New_York-2019-A00020-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 20 2019-2020 Regular Sessions IN ASSEMBLY (Prefiled) January 9, 2019 ___________ Introduced by M. of A. PERRY -- Multi-Sponsored by -- M. of A. COLTON, GALEF, GUNTHER, JAFFEE, LUPARDO, TITUS -- read once and referred to the Committee on Correction AN ACT to amend the correction law, in relation to tracking certain sex offenders with a global positioning system The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 3 of section 168-d of the correction law, as 2 amended by chapter 11 of the laws of 2002, is amended to read as 3 follows: 4 3. For sex offenders released on probation or discharged upon payment 5 of a fine, conditional discharge or unconditional discharge, it shall be 6 the duty of the court applying the guidelines established in subdivision 7 five of section one hundred sixty-eight-l of this article to determine 8 the level of notification pursuant to subdivision six of section one 9 hundred sixty-eight-l of this article [and]; whether such sex offender 10 shall be designated a sexual predator, sexually violent offender, or 11 predicate sex offender as defined in subdivision seven of section one 12 hundred sixty-eight-a of this article; and, if such sex offender has 13 been convicted of an offense involving a child and designated a level 14 three offender and a sexual predator or predicate sex offender, the 15 period of time such sex offender shall submit to global positioning 16 system monitoring as provided in subdivision three-a of section one 17 hundred sixty-eight-f of this article. At least fifteen days prior to 18 the determination proceeding, the district attorney shall provide to the 19 court and the sex offender a written statement setting forth the deter- 20 minations sought by the district attorney together with the reasons for 21 seeking such determinations. The court shall allow the sex offender to 22 appear and be heard. The state shall appear by the district attorney, or 23 his or her designee, who shall bear the burden of proving the facts EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02542-01-9A. 20 2 1 supporting the determinations sought by clear and convincing evidence. 2 Where there is a dispute between the parties concerning the determi- 3 nations, the court shall adjourn the hearing as necessary to permit the 4 sex offender or the district attorney to obtain materials relevant to 5 the determinations from any state or local facility, hospital, institu- 6 tion, office, agency, department or division. Such materials may be 7 obtained by subpoena if not voluntarily provided to the requesting 8 party. In making the determinations, the court shall review any victim's 9 statement and any relevant materials and evidence submitted by the sex 10 offender and the district attorney and the court may consider reliable 11 hearsay evidence submitted by either party provided that it is relevant 12 to the determinations. Facts previously proven at trial or elicited at 13 the time of entry of a plea of guilty shall be deemed established by 14 clear and convincing evidence and shall not be relitigated. The court 15 shall render an order setting forth its determinations and the findings 16 of fact and conclusions of law on which the determinations are based. A 17 copy of the order shall be submitted by the court to the division. Upon 18 application of either party, the court shall seal any portion of the 19 court file or record which contains material that is confidential under 20 any state or federal statute. Either party may appeal as of right from 21 the order pursuant to the provisions of articles fifty-five, fifty-six 22 and fifty-seven of the civil practice law and rules. Where counsel has 23 been assigned to represent the sex offender upon the ground that the sex 24 offender is financially unable to retain counsel, that assignment shall 25 be continued throughout the pendency of the appeal, and the person may 26 appeal as a poor person pursuant to article eighteen-B of the county 27 law. 28 § 2. Section 168-f of the correction law is amended by adding a new 29 subdivision 3-a to read as follows: 30 3-a. The provisions of subdivision two of this section shall be 31 applied to a sex offender required to register under this article except 32 that a sex offender convicted of an offense involving a child and desig- 33 nated a level three offender and a sexual predator or predicate sex 34 offender, must also be fitted with a global positioning system monitor 35 immediately upon release or commencement of parole or post-release 36 supervision, or probation, or release on payment of a fine, conditional 37 discharge or unconditional discharge. Such global positioning device 38 shall be programmed to send forth an alarm when such sex offender leaves 39 a certain jurisdiction or enters a forbidden area. The period of such 40 monitoring for such sex offender shall be determined by the court, as 41 provided in subdivision three of section one hundred sixty-eight-d of 42 this article. The division shall annually evaluate such sex offender's 43 financial ability to offset the cost of administering the global posi- 44 tioning system and levy such assessment upon such offender. Failure to 45 pay such assessment shall result in a financial hardship hearing as 46 provided in section 420.40 of the criminal procedure law. Such sex 47 offender shall have the right to petition for relief or modification of 48 such duty to wear a global positioning system monitor as provided in 49 subdivision two-a of section one hundred sixty-eight-o of this article. 50 The duty to wear a global positioning system monitor shall be temporar- 51 ily suspended during any period in which such sex offender is confined 52 to any state or local correctional facility, hospital or institution and 53 shall immediately recommence on the date of such sex offender's release. 54 § 3. Section 168-o of the correction law is amended by adding a new 55 subdivision 2-a to read as follows:A. 20 3 1 2-a. Any sex offender required to wear a global positioning system 2 monitor pursuant to this article may petition the sentencing court or 3 the court which made the determination regarding such monitoring for an 4 order modifying or terminating the monitoring portion of the determi- 5 nation. The petition shall set forth the reasons supporting such modifi- 6 cation or termination. The sex offender shall bear the burden of proving 7 the facts supporting the requested modification or termination by clear 8 and convincing evidence. Such a petition shall not be considered more 9 than annually. In the event that the sex offender's petition to modify 10 the level of notification is granted, the district attorney may appeal 11 as of right from the order pursuant to the provisions of articles 12 fifty-five, fifty-six and fifty-seven of the civil practice law and 13 rules. Where counsel has been assigned to represent the sex offender 14 upon the ground that the sex offender is financially unable to retain 15 counsel, that assignment shall be continued throughout the pendency of 16 the appeal, and the person may appeal as a poor person pursuant to arti- 17 cle eighteen-B of the county law. 18 § 4. This act shall take effect on the first of November next succeed- 19 ing the date on which it shall have become a law.