Bill Text: NY A06152 | 2013-2014 | General Assembly | Introduced

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Bill Title: Allows a municipality to reject sexual offenders, sexually violent offenders and sexual predators within such municipality if the municipality already contains a high concentration of such individuals; allows municipalities to limit the number of level two and level three sex offenders within such municipalities.

Spectrum: Moderate Partisan Bill (Republican 12-2)

Status: (Introduced - Dead) 2014-01-08 - referred to correction [A06152 Detail]

Download: New_York-2013-A06152-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6152
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 15, 2013
                                      ___________
       Introduced by M. of A. TEDISCO, McDONOUGH, RAIA -- Multi-Sponsored by --
         M.  of  A. BARCLAY, CERETTO, CROUCH, FINCH, FITZPATRICK, GIGLIO, KOLB,
         MILLER, OAKS, SALADINO, THIELE  --  read  once  and  referred  to  the
         Committee on Correction
       AN  ACT  to  amend the correction law, in relation to establishing addi-
         tional restrictions on parole and relocation for certain sex offenders
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraph  (c)  of  subdivision 5 of section 168-l of the
    2  correction law, as added by chapter 192 of the laws of 1995, is  amended
    3  to read as follows:
    4    (c)  conditions  of  release  that  minimize  risk [or] OF re-offense,
    5  including but not limited to whether the sex offender  is  under  super-
    6  vision;  receiving  counseling, therapy or treatment; [or] residing in a
    7  home situation that provides guidance and supervision; OR THE  EXISTENCE
    8  OF PROVISIONS TO MINIMIZE THE NUMBER OF SEX OFFENDERS THAT ARE PLACED OR
    9  LOCATED WITHIN RESIDENTIAL AREAS OF A MUNICIPALITY OR PORTION OF A MUNI-
   10  CIPALITY THAT ALREADY CONTAINS A HIGH CONCENTRATION OF SUCH INDIVIDUALS;
   11    S  2.  The correction law is amended by adding a new section 168-ll to
   12  read as follows:
   13    S 168-LL. GUIDELINES FOR LOCATION FOR SEX OFFENDERS. THE DIVISION,  IN
   14  CONSULTATION  AND  COOPERATION WITH THE BOARD OF EXAMINERS OF SEX OFFEN-
   15  DERS, DIVISION OF  PAROLE,  DEPARTMENT  OF  MENTAL  HYGIENE,  AND  LOCAL
   16  PROBATION  DEPARTMENTS THROUGHOUT THE STATE SHALL DEVELOP GUIDELINES AND
   17  PROCEDURES ON THE PLACEMENT,  LOCATION,  RELOCATION,  OR  SETTLEMENT  OF
   18  SEXUAL OFFENDERS, SEXUALLY VIOLENT OFFENDERS AND SEXUAL PREDATORS WITHIN
   19  THE  COMMUNITY THAT HAVE BEEN CLASSIFIED WITH A LEVEL TWO OR LEVEL THREE
   20  DESIGNATION. SUCH GUIDELINES AND PROCEDURES SHALL BE BASED UPON, BUT NOT
   21  LIMITED TO, THE FOLLOWING:
   22    1. THAT MUNICIPALITIES BE ALLOWED TO REJECT  THE  PLACEMENT  OF  ADDI-
   23  TIONAL  LEVEL  TWO  AND  LEVEL THREE SEX OFFENDERS IN SUCH MUNICIPALITY.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08185-01-3
       A. 6152                             2
    1  FACTORS TO BE CONSIDERED IN DETERMINING  WHETHER  A  MUNICIPALITY  SHALL
    2  ACCEPT ANY MORE SUCH INDIVIDUALS SHALL INCLUDE:
    3    (A)  THAT  SUCH  INDIVIDUALS  ARE NOT CURRENTLY OVERLY CONCENTRATED IN
    4  RESIDENTIAL AREAS OF ONE MUNICIPALITY OR PORTION OF A MUNICIPALITY;
    5    (B) ALL EFFORTS ARE BEING MADE TO LOCATE  SUCH  INDIVIDUALS  IN  AREAS
    6  THAT HAVE ADEQUATE SUPPORT SERVICES TO MINIMIZE THE RISK OF RE-OFFENSE;
    7    (C) THAT FAMILY AND FRIENDS ARE LOCATED REASONABLY CLOSE TO SUCH INDI-
    8  VIDUALS  TO  PROVIDE FINANCIAL, PSYCHOLOGICAL, SOCIAL, AND MORAL SUPPORT
    9  TO SUCH INDIVIDUALS IN ORDER TO MINIMIZE THE RISK OF RE-OFFENSE; AND
   10    (D) MEASURES ARE TAKEN TO ENSURE THAT SUCH INDIVIDUALS ARE  PLACED  IN
   11  COMMUNITIES  THAT  CAN  PHYSICALLY ACCOMMODATE SUCH INDIVIDUALS AND THAT
   12  SUCH INDIVIDUALS ARE NOT LOCATED NEAR RE-OFFENSE RISK  CENTERS,  INCLUD-
   13  ING,  BUT NOT LIMITED TO, SCHOOLS, DAY CARE CENTERS, PLAYGROUNDS, OR ANY
   14  OTHER FACILITY OR AREA THAT  ATTRACTS  CHILDREN  OR  IN  WHICH  CHILDREN
   15  CONGREGATE;
   16    2.  THAT MUNICIPALITIES SHALL BE PERMITTED TO ALLOW OR REJECT A SECURE
   17  COMMUNITY RESIDENCE FOR SEX OFFENDERS WITHIN SUCH MUNICIPALITY; AND
   18    3. THAT MUNICIPALITIES SHALL BE ALLOWED TO LIMIT THE NUMBER  OF  LEVEL
   19  TWO  AND  LEVEL THREE SEX OFFENDERS AT AN ADDRESS WHO ARE NOT MARRIED OR
   20  RELATED TO EACH OTHER TO NO MORE THAN ONE PER SUCH ADDRESS.
   21    S 3. This act shall take effect immediately.