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.