Bill Text: NY A01063 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the correction law and the penal law, in relation to the supervision, location and classification of sex offenders; and to amend the criminal procedure law, in relation to denying youthful offender status to persons convicted of certain sex offenses
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2010-01-06 - referred to correction [A01063 Detail]
Download: New_York-2009-A01063-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1063
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. DESTITO, SPANO -- read once and referred to the
Committee on Correction
AN ACT to amend the correction law and the penal law, in relation to the
supervision, location and classification of sex offenders; and to
amend the criminal procedure law, in relation to denying youthful
offender status to persons convicted of certain sex offenses
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-f of the correction law, as
2 amended by chapter 11 of the laws of 2002, is amended to read as
3 follows:
4 3. The provisions of subdivision two of this section shall be applied
5 to a sex offender required to register under this article, except that
6 such sex offender designated as a sexual predator or having been given a
7 level three designation must personally verify his or her address with
8 the local law enforcement agency every [ninety] THIRTY calendar days
9 after the date of release or commencement of parole or post-release
10 supervision, or probation, or release on payment of a fine, conditional
11 discharge or unconditional discharge. The duty to personally verify
12 shall be temporarily suspended during any period in which the sex offen-
13 der is confined to any state or local correctional facility, hospital or
14 institution and shall immediately recommence on the date of the sex
15 offender's release.
16 S 2. Subdivisions 2 and 3 of section 168-h of the correction law,
17 subdivision 2 as amended by chapter 1 of the laws of 2006 and subdivi-
18 sion 3 as added by chapter 11 of the laws of 2002, are amended to read
19 as follows:
20 2. The duration of registration and verification for a sex offender
21 who, on or after March eleventh, two thousand two, is designated a sexu-
22 al predator, or a sexually violent offender, or a predicate sex offen-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03445-01-9
A. 1063 2
1 der, or who is classified as a level two or level three risk, shall be
2 [annually] EVERY NINETY CALENDAR DAYS for life. Notwithstanding the
3 foregoing, a sex offender who is classified as a level two risk and who
4 is not designated a sexual predator, a sexually violent offender or a
5 predicate sex offender, may be relieved of the duty to register and
6 verify as provided by subdivision one of section one hundred sixty-
7 eight-o of this article.
8 3. Any sex offender having been designated a level three risk or a
9 sexual predator shall also personally verify his or her address every
10 [ninety] THIRTY calendar days with the local law enforcement agency
11 having jurisdiction where the offender resides.
12 S 3. Paragraph (c) of subdivision 5 of section 168-l of the correction
13 law, as added by chapter 192 of the laws of 1995, is amended to read as
14 follows:
15 (c) conditions of release that minimize risk [or] OF re-offense,
16 including but not limited to whether the sex offender is under super-
17 vision; receiving counseling, therapy or treatment; [or] residing in a
18 home situation that provides guidance and supervision; OR THE EXISTENCE
19 OF PROVISIONS TO MINIMIZE THE NUMBER OF SEX OFFENDERS, SEXUAL PREDATORS
20 OR SEXUALLY VIOLENT OFFENDERS THAT ARE PLACED OR LOCATED WITHIN RESIDEN-
21 TIAL AREAS OF A MUNICIPALITY OR A PORTION OF A MUNICIPALITY THAT ALREADY
22 CONTAINS A HIGH CONCENTRATION OF SUCH INDIVIDUALS;
23 S 4. The correction law is amended by adding a new section 168-ll to
24 read as follows:
25 S 168-LL. GUIDELINES FOR LOCATION FOR SEX OFFENDERS. THE DIVISION, IN
26 CONSULTATION AND COOPERATION WITH THE BOARD, DIVISION OF PAROLE, DEPART-
27 MENT OF MENTAL HYGIENE AND LOCAL PROBATION DEPARTMENTS THROUGHOUT THE
28 STATE, SHALL DEVELOP GUIDELINES AND PROCEDURES ON THE PLACEMENT,
29 LOCATION, RELOCATION OR SETTLEMENT WITHIN A COMMUNITY OF SEX OFFENDERS,
30 SEXUALLY VIOLENT OFFENDERS AND SEXUAL PREDATORS THAT HAVE BEEN CLASSI-
31 FIED WITH A LEVEL TWO OR LEVEL THREE DESIGNATION. SUCH GUIDELINES AND
32 PROCEDURES SHALL BE BASED UPON, BUT NOT LIMITED TO, THE FOLLOWING:
33 1. THAT SUCH INDIVIDUALS ARE NOT OVERLY CONCENTRATED IN RESIDENTIAL
34 AREAS OF ONE MUNICIPALITY OR PORTION OF A MUNICIPALITY;
35 2. ALL EFFORTS ARE BEING MADE TO LOCATE SUCH INDIVIDUALS IN AREAS THAT
36 HAVE ADEQUATE SUPPORT SERVICES TO MINIMIZE THE RISK OF RE-OFFENSE;
37 3. THAT FAMILY AND FRIENDS ARE LOCATED REASONABLY CLOSE TO SUCH INDI-
38 VIDUALS TO PROVIDE FINANCIAL, PSYCHOLOGICAL, SOCIAL AND MORAL SUPPORT TO
39 SUCH INDIVIDUALS IN ORDER TO MINIMIZE THE RISK OF RE-OFFENSE;
40 4. MEASURES ARE TAKEN TO ENSURE THAT SUCH INDIVIDUALS ARE PLACED IN
41 COMMUNITIES THAT CAN PHYSICALLY ACCOMMODATE SUCH INDIVIDUALS AND THAT
42 SUCH INDIVIDUALS ARE NOT LOCATED NEAR RE-OFFENSE RISK CENTERS INCLUDING,
43 BUT NOT LIMITED TO, SCHOOLS, DAY CARE CENTERS, PLAYGROUNDS, OR ANY OTHER
44 FACILITY OR AREA THAT ATTRACTS CHILDREN OR IN WHICH CHILDREN CONGREGATE;
45 5. PROCEDURES ARE ESTABLISHED TO MINIMIZE THE NUMBER OF SUCH INDIVID-
46 UALS THAT ARE CLASSIFIED AS UNDOMICILED SEX OFFENDERS OR SEXUAL PREDA-
47 TORS SO THAT SUCH INDIVIDUALS CAN BE PLACED IN APPROPRIATE LIVING AREAS,
48 LOCATIONS, RE-LOCATIONS OR SETTLEMENTS THAT CAN PROVIDE ADEQUATE TREAT-
49 MENT AND MONITORING OF SUCH INDIVIDUALS AND SO THAT SUCH INDIVIDUALS ARE
50 NOT HIGHLY OR OVERLY CONCENTRATED IN ONE MUNICIPALITY OR PORTION OF A
51 MUNICIPALITY; AND
52 6. THAT A SUFFICIENT TRACKING SYSTEM IS ESTABLISHED TO ENABLE THE
53 DEPARTMENT OF MENTAL HYGIENE, DIVISION OF PAROLE, LAW ENFORCEMENT AGEN-
54 CIES HAVING JURISDICTION AND PROBATION DEPARTMENTS TO READILY MONITOR
55 THE WHEREABOUTS AND ACTIVITIES OF SUCH INDIVIDUALS.
A. 1063 3
1 S 5. Section 168-t of the correction law, as amended by chapter 373 of
2 the laws of 2007, is amended to read as follows:
3 S 168-t. Penalty. Any sex offender required to register or to verify
4 pursuant to the provisions of this article who fails to register or
5 verify in the manner and within the time periods provided for in this
6 article shall be guilty of a class E felony upon conviction for the
7 first offense, and upon conviction for a second or subsequent offense
8 shall be guilty of a class D felony. Any sex offender who violates the
9 provisions of section one hundred sixty-eight-v of this article shall be
10 guilty of a class A misdemeanor upon conviction for the first offense,
11 and upon conviction for a second or subsequent offense shall be guilty
12 of a class D felony. Any such failure to register or verify may also be
13 the basis for revocation of parole pursuant to section two hundred
14 fifty-nine-i of the executive law or the basis for revocation of
15 probation pursuant to article four hundred ten of the criminal procedure
16 law. UPON ANY CONVICTION PURSUANT TO THIS SECTION, THE SEX OFFENDER MAY
17 BE EXAMINED AND RECLASSIFIED AS A LEVEL TWO RISK OR LEVEL THREE RISK IF
18 WARRANTED PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
19 S 6. The correction law is amended by adding a new section 168-tt to
20 read as follows:
21 S 168-TT. FAILURE TO REGISTER OR VERIFY AS A DESIGNATED LEVEL TWO OR
22 LEVEL THREE SEX OFFENDER OR SEXUAL PREDATOR; AGGRAVATED NONCOMPLIANCE;
23 NONCOMPLIANCE; PENALTY. 1. ANY DESIGNATED LEVEL THREE SEX OFFENDER OR
24 SEXUAL PREDATOR WHO FAILS TO REGISTER OR VERIFY IN THE MANNER AND WITHIN
25 THE TIME PERIODS REQUIRED IN THIS ARTICLE SHALL BE GUILTY OF AGGRAVATED
26 NONCOMPLIANCE AND SHALL BE GUILTY OF A CLASS D FELONY FOR A FIRST
27 CONVICTION OF SUCH OFFENSE AND A CLASS C FELONY FOR A SECOND OR SUBSE-
28 QUENT CONVICTION. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW,
29 UPON ANY CONVICTION OF AN OFFENSE OF AGGRAVATED NONCOMPLIANCE SUCH
30 PERSON SHALL, WITHOUT EXCEPTION, BE SUBJECT TO MANDATORY LIFETIME POST-
31 RELEASE SUPERVISION PURSUANT TO THIS ARTICLE AND THE PENAL LAW.
32 2. ANY DESIGNATED LEVEL TWO SEX OFFENDER WHO FAILS TO REGISTER OR
33 VERIFY IN THE MANNER AND WITHIN THE TIME PERIODS REQUIRED IN THIS ARTI-
34 CLE SHALL BE GUILTY OF NONCOMPLIANCE AND SHALL, WITHOUT EXCEPTION,
35 UNLESS RELIEVED PURSUANT TO SUBDIVISION ONE OF SECTION ONE HUNDRED
36 SIXTY-EIGHT-O OF THIS ARTICLE, BE SUBJECT TO MANDATORY LIFETIME POST-RE-
37 LEASE SUPERVISION PURSUANT TO THIS ARTICLE AND THE PENAL LAW.
38 3. LIFETIME SUPERVISION MAY BE PROVIDED BY PROBATION SERVICES, THE
39 PAROLE BOARD OR ANY AUTHORIZED POST-RELEASE SUPERVISION PROGRAM. ANY
40 SUCH FAILURE TO REGISTER OR VERIFY MAY ALSO BE THE BASIS FOR REVOCATION
41 OF PAROLE PURSUANT TO SECTION TWO HUNDRED FIFTY-NINE-I OF THE EXECUTIVE
42 LAW OR THE BASIS FOR REVOCATION OF PROBATION PURSUANT TO ARTICLE FOUR
43 HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW. UPON ANY CONVICTION UNDER
44 THIS SECTION, THE SEX OFFENDER SHALL BE CLASSIFIED AS NOT LESS THAN A
45 LEVEL TWO RISK AND SHALL BE CLASSIFIED AS A LEVEL THREE RISK IF
46 WARRANTED PURSUANT TO SECTION ONE HUNDRED SIXTY-EIGHT-L OF THIS ARTICLE.
47 S 7. The penal law is amended by adding a new section 60.14 to read as
48 follows:
49 S 60.14 AUTHORIZED DISPOSITION; FAILURE TO REGISTER OR VERIFY AS A
50 DESIGNATED LEVEL TWO OR LEVEL THREE SEX OFFENDER OR SEXUAL
51 PREDATOR; AGGRAVATED NONCOMPLIANCE; NONCOMPLIANCE.
52 1. WHEN A PERSON IS CONVICTED OF AGGRAVATED NONCOMPLIANCE, AS DEFINED
53 IN SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-EIGHT-TT OF THE
54 CORRECTION LAW, THE COURT SHALL, IN ACCORDANCE WITH THE PROVISIONS OF
55 SAID SECTION, SENTENCE THE DEFENDANT TO A TERM OF IMPRISONMENT FOR A
A. 1063 4
1 CLASS D FELONY OR CLASS C FELONY, AS THE CASE MAY BE, IN ACCORDANCE WITH
2 SUBDIVISIONS ONE THROUGH THREE OF SECTION 70.00 OF THIS TITLE.
3 2. WHEN A PERSON IS CONVICTED OF NONCOMPLIANCE, AS DEFINED IN SUBDIVI-
4 SION TWO OF SECTION ONE HUNDRED SIXTY-EIGHT-TT OF THE CORRECTION LAW,
5 THE COURT SHALL, IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE
6 HUNDRED SIXTY-EIGHT-T OF THE CORRECTION LAW, SENTENCE THE DEFENDANT TO A
7 TERM OF IMPRISONMENT FOR A CLASS E FELONY OR CLASS D FELONY, AS THE CASE
8 MAY BE, IN ACCORDANCE WITH SUBDIVISIONS ONE THROUGH THREE OF SECTION
9 70.00 OF THIS TITLE.
10 3. EACH DISPOSITION REQUIRED BY THIS SECTION SHALL ALSO INCLUDE, AS A
11 PART THEREOF, AN ADDITIONAL PERIOD OF POST-RELEASE SUPERVISION. SUCH
12 PERIOD SHALL COMMENCE UPON SUCH PERSON'S RELEASE FROM IMPRISONMENT
13 PURSUANT TO ARTICLE SEVENTY OF THIS TITLE. SUCH PERIOD OF POST-RELEASE
14 SUPERVISION SHALL BE FOR LIFE.
15 S 8. Section 70.06 of the penal law is amended by adding a new subdi-
16 vision 5 to read as follows:
17 5. LIFETIME POST-RELEASE SUPERVISION. NOTWITHSTANDING ANY OTHER
18 PROVISION OF LAW, A COURT MAY SENTENCE A PERSON CONVICTED OF AGGRAVATED
19 NONCOMPLIANCE OR NONCOMPLIANCE, AS DEFINED IN SECTION ONE HUNDRED
20 SIXTY-EIGHT-TT OF THE CORRECTION LAW, TO LIFETIME POST-RELEASE SUPER-
21 VISION IN ACCORDANCE WITH THE PROVISIONS OF SECTION 60.14 OF THIS TITLE.
22 S 9. Paragraph (a) of subdivision 2 of section 720.10 of the criminal
23 procedure law, as amended by chapter 316 of the laws of 2006, is amended
24 to read as follows:
25 (a) the conviction to be replaced by a youthful offender finding is
26 for (i) a class A-I or class A-II felony, or (ii) an armed felony as
27 defined in subdivision forty-one of section 1.20 OF THIS CHAPTER, except
28 as provided in subdivision three OF THIS SECTION, or (iii) rape in the
29 first degree, RAPE IN THE SECOND DEGREE, criminal sexual act in the
30 first degree, [or] CRIMINAL SEXUAL ACT IN THE SECOND DEGREE, aggravated
31 sexual abuse IN THE FIRST DEGREE, AGGRAVATED SEXUAL ABUSE IN THE SECOND
32 DEGREE, AGGRAVATED SEXUAL ABUSE IN THE THIRD DEGREE, COURSE OF SEXUAL
33 CONDUCT AGAINST A CHILD IN THE FIRST DEGREE, COURSE OF SEXUAL CONDUCT
34 AGAINST A CHILD IN THE SECOND DEGREE OR FACILITATING A SEX OFFENSE WITH
35 A CONTROLLED SUBSTANCE, except as provided in subdivision three OF THIS
36 SECTION, or
37 S 10. Subdivision 3 of section 720.10 of the criminal procedure law,
38 as amended by chapter 264 of the laws of 2003, is amended to read as
39 follows:
40 3. Notwithstanding the provisions of subdivision two OF THIS SECTION,
41 a youth who has been convicted of an armed felony offense or of rape in
42 the first degree, RAPE IN THE SECOND DEGREE, criminal sexual act in the
43 first degree, [or] CRIMINAL SEXUAL ACT IN THE SECOND DEGREE, SEXUAL
44 ABUSE IN THE FIRST DEGREE, aggravated sexual abuse IN THE FIRST DEGREE,
45 AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE, AGGRAVATED SEXUAL ABUSE IN
46 THE THIRD DEGREE, COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST
47 DEGREE, COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE SECOND DEGREE OR
48 FACILITATING A SEX OFFENSE WITH A CONTROLLED SUBSTANCE is an eligible
49 youth if the court determines that one or more of the following factors
50 exist: (i) mitigating circumstances that bear directly upon the manner
51 in which the crime was committed; or (ii) where the defendant was not
52 the sole participant in the crime, the defendant's participation was
53 relatively minor although not so minor as to constitute a defense to the
54 prosecution. Where the court determines that the eligible youth is a
55 youthful offender, the court shall make a statement on the record of the
56 reasons for its determination, a transcript of which shall be forwarded
A. 1063 5
1 to the state division of criminal justice services, to be kept in
2 accordance with the provisions of subdivision three of section eight
3 hundred thirty-seven-a of the executive law.
4 S 11. This act shall take effect immediately.
