Bill Text: NY A03808 | 2019-2020 | 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 9-0)

Status: (Introduced - Dead) 2020-01-08 - referred to correction [A03808 Detail]

Download: New_York-2019-A03808-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3808
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 31, 2019
                                       ___________
        Introduced by M. of A. McDONOUGH, RAIA, HAWLEY, JOHNS, RA, CROUCH, MORI-
          NELLO, BRABENEC -- Multi-Sponsored by -- M. of A. M. L. MILLER -- 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 section 168-x and a new
     3  section 168-w is added to read as follows:
     4    § 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.
                                                                   LBD01705-01-9

        A. 3808                             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    § 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    § 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.
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