Bill Text: NY A02631 | 2013-2014 | General Assembly | Introduced

---

Bill Title: Requires electronic monitoring for certain sex offenders; requires the division of criminal justice services to establish a system of active electronic monitoring that identifies the location of certain sex offenders; makes it a crime for a sex offender required to be electronically monitored to violate such requirement.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2014-01-08 - referred to correction [A02631 Detail]

Download: New_York-2013-A02631-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2631
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 17, 2013
                                      ___________
       Introduced  by  M.  of A. McDONOUGH, STEVENSON, RAIA, HAWLEY, JOHNS, RA,
         TENNEY -- Multi-Sponsored by -- M. of  A.  CURRAN  --  read  once  and
         referred to the Committee on Correction
       AN  ACT  to amend the correction law, in relation to requiring the elec-
         tronic monitoring of certain sex offenders
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 168-w of the correction law, as relettered by chap-
    2  ter 604 of the laws of 2005, is relettered 168-x and a new section 168-w
    3  is added to read as follows:
    4    S  168-W.  ELECTRONIC  MONITORING OF CERTAIN SEX OFFENDERS. 1. ANY SEX
    5  OFFENDER HAVING BEEN ASSIGNED A LEVEL THREE RISK OR DESIGNATED A  SEXUAL
    6  PREDATOR, A SEXUALLY VIOLENT OFFENDER OR A PREDICATE SEX OFFENDER, WHOSE
    7  CRIME  WAS  COMMITTED  PRIOR  TO, ON OR AFTER THE EFFECTIVE DATE OF THIS
    8  SECTION SHALL BE PLACED ON ELECTRONIC MONITORING.
    9    2. THE DIVISION SHALL ESTABLISH A SYSTEM OF ACTIVE ELECTRONIC MONITOR-
   10  ING THAT IDENTIFIES THE LOCATION OF A SEX OFFENDER REQUIRED TO BE  MONI-
   11  TORED  PURSUANT TO SUBDIVISION ONE OF THIS SECTION AND THAT CAN PRODUCE,
   12  UPON REQUEST, REPORTS OR RECORDS OF THE SEX OFFENDER'S PRESENCE NEAR  OR
   13  WITHIN  A CRIME SCENE OR PROHIBITED AREA OR THE SEX OFFENDER'S DEPARTURE
   14  FROM SPECIFIED GEOGRAPHIC LIMITATIONS.
   15    3. THE DIVISION SHALL ALSO  PROMULGATE  REGULATIONS  IMPLEMENTING  THE
   16  IMPOSITION  AND  COLLECTION  OF  FEES  RELATED  TO ELECTRONIC MONITORING
   17  PURSUANT TO THIS SECTION. SUCH REGULATIONS SHALL UTILIZE  A  MEANS  TEST
   18  BASED  ON  TWO HUNDRED PERCENT OF THE FEDERAL POVERTY GUIDELINES PROMUL-
   19  GATED ANNUALLY BY THE FEDERAL DEPARTMENT OF HEALTH  AND  HUMAN  SERVICES
   20  AND IF THE SEX OFFENDER FALLS BELOW SUCH PERCENTAGE THEN NO FEE SHALL BE
   21  CHARGED,  AND  EARNINGS  ABOVE  SUCH PERCENTAGE SHALL BE CONSIDERED ON A
   22  SLIDING SCALE. SUCH REGULATIONS SHALL ALSO PROVIDE THAT THE DIVISION  OF
   23  PAROLE  OR  THE  DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES, AS
   24  APPLICABLE, CONSIDER ANY ADDITIONAL TEST OR  INDICIA  THAT  DEMONSTRATES
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02119-01-3
       A. 2631                             2
    1  THE  INABILITY  OF  THE SEX OFFENDER TO PAY SUCH FEES.  EMPLOYEES OF THE
    2  DIVISION OF PAROLE OR THE DIVISION OF PROBATION AND CORRECTIONAL  ALTER-
    3  NATIVES  SHALL  BE  PROHIBITED  FROM  COLLECTING  ELECTRONIC  MONITORING
    4  RELATED FEES.
    5    4.  ANY  SEX OFFENDER REQUIRED TO BE ELECTRONICALLY MONITORED PURSUANT
    6  TO THE PROVISIONS OF THIS SECTION WHO VIOLATES SUCH REQUIREMENT SHALL BE
    7  GUILTY OF A CLASS E FELONY UPON CONVICTION FOR THE  FIRST  OFFENSE,  AND
    8  UPON  CONVICTION FOR A SECOND OR SUBSEQUENT OFFENSE SHALL BE GUILTY OF A
    9  CLASS D FELONY. ANY SUCH VIOLATION MAY ALSO BE THE BASIS FOR  REVOCATION
   10  OF  PAROLE PURSUANT TO SECTION TWO HUNDRED FIFTY-NINE-I OF THE EXECUTIVE
   11  LAW OR THE BASIS FOR REVOCATION OF PROBATION PURSUANT  TO  ARTICLE  FOUR
   12  HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW.
   13    S 2. Severability. If any clause, sentence, paragraph, section or part
   14  of  this act shall be adjudged by any court of competent jurisdiction to
   15  be invalid, such judgment shall not affect,  impair  or  invalidate  the
   16  remainder thereof, but shall be confined in its operation to the clause,
   17  sentence,  paragraph,  section  or part thereof directly involved in the
   18  controversy in which such judgment shall have been rendered.
   19    S 3. This act shall take effect on the one hundred twentieth day after
   20  it shall have become a law. Provided  that  any  rules  and  regulations
   21  necessary  to implement the provisions of this act on its effective date
   22  are authorized and directed to be promulgated on or before  such  effec-
   23  tive date.