Bill Text: NY S01856 | 2011-2012 | General Assembly | Amended
Bill Title: Restricts the residency of certain sex offenders; provides guidelines for the location of level two and level three sex offenders; allows municipalities to reject the placement of additional level two and level three sex offenders in such municipality if certain factors and requirements are met.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Engrossed - Dead) 2012-06-20 - referred to correction [S01856 Detail]
Download: New_York-2011-S01856-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1856--A Cal. No. 529 2011-2012 Regular Sessions I N S E N A T E January 13, 2011 ___________ Introduced by Sens. LAVALLE, GRISANTI, MAZIARZ, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the correction law, in relation to restricting the resi- dency 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. The correction law is amended by adding a new section 168- 2 ll to read as follows: 3 S 168-LL. GUIDELINES FOR LOCATION FOR LEVEL TWO AND LEVEL THREE SEX 4 OFFENDERS. THE DIVISION, IN CONSULTATION AND COOPERATION WITH THE BOARD 5 OF EXAMINERS OF SEX OFFENDERS, DIVISION OF PAROLE, DEPARTMENT OF MENTAL 6 HYGIENE, AND LOCAL PROBATION DEPARTMENTS THROUGHOUT THE STATE SHALL 7 DEVELOP GUIDELINES AND PROCEDURES ON THE PLACEMENT, LOCATION, RELO- 8 CATION, OR SETTLEMENT OF LEVEL TWO AND LEVEL THREE SEX OFFENDERS WITHIN 9 THE COMMUNITY. SUCH GUIDELINES AND PROCEDURES SHALL BE BASED UPON, BUT 10 NOT LIMITED TO, THE FOLLOWING: 11 1. THAT MUNICIPALITIES BE ALLOWED TO REJECT THE PLACEMENT OF ADDI- 12 TIONAL LEVEL TWO AND LEVEL THREE SEX OFFENDERS IN SUCH MUNICIPALITY. 13 FACTORS TO BE CONSIDERED IN DETERMINING WHETHER A MUNICIPALITY SHALL 14 ACCEPT ANY MORE SUCH INDIVIDUALS SHALL INCLUDE: 15 (A) THAT SUCH INDIVIDUALS ARE NOT CURRENTLY OVERLY CONCENTRATED IN 16 RESIDENTIAL AREAS OF ONE MUNICIPALITY OR PORTION OF A MUNICIPALITY; 17 (B) ALL EFFORTS ARE BEING MADE TO LOCATE SUCH INDIVIDUALS IN AREAS 18 THAT HAVE ADEQUATE SUPPORT SERVICES TO MINIMIZE THE RISK OF RE-OFFENSE; 19 (C) THAT FAMILY AND FRIENDS ARE LOCATED REASONABLY CLOSE TO SUCH INDI- 20 VIDUALS TO PROVIDE FINANCIAL, PSYCHOLOGICAL, SOCIAL, AND MORAL SUPPORT 21 TO SUCH INDIVIDUALS IN ORDER TO MINIMIZE THE RISK OF RE-OFFENSE; AND EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03798-03-1 S. 1856--A 2 1 (D) MEASURES ARE TAKEN TO ENSURE THAT SUCH INDIVIDUALS ARE PLACED IN 2 COMMUNITIES THAT CAN PHYSICALLY ACCOMMODATE SUCH INDIVIDUALS AND THAT 3 SUCH INDIVIDUALS ARE NOT LOCATED NEAR RE-OFFENSE RISK CENTERS, INCLUD- 4 ING, BUT NOT LIMITED TO, SCHOOLS, DAY CARE CENTERS, PLAYGROUNDS, OR ANY 5 OTHER FACILITY OR AREA THAT ATTRACTS CHILDREN OR IN WHICH CHILDREN 6 CONGREGATE; 7 2. THAT MUNICIPALITIES SHALL BE PERMITTED TO ALLOW OR REJECT A SECURE 8 COMMUNITY RESIDENCE FOR LEVEL TWO AND LEVEL THREE SEX OFFENDERS WITHIN 9 SUCH MUNICIPALITY; AND 10 3. THAT MUNICIPALITIES SHALL BE ALLOWED TO RESTRICT THE NUMBER OF 11 LEVEL TWO AND LEVEL THREE SEX OFFENDERS AT A RESIDENCE, UNLESS SUCH 12 PERSONS ARE LEGALLY RELATED BY BLOOD, MARRIAGE OR ADOPTION, IN THE 13 FOLLOWING MANNER: 14 (A) IN A MULTIFAMILY DWELLING, MAY RESTRICT THE NUMBER OF LEVEL TWO 15 AND LEVEL THREE SEX OFFENDERS TO LESS THAN TEN PERCENT OF THE NUMBER OF 16 DWELLING UNITS THAT ARE CONTAINED IN THE MULTIFAMILY DWELLING AND MAY 17 RESTRICT THE NUMBER OF LEVEL TWO AND LEVEL THREE SEX OFFENDERS IN A 18 MULTIFAMILY DWELLING UNIT TO ONE; AND 19 (B) IN ANY SINGLE FAMILY DWELLING, MAY RESTRICT THE NUMBER OF LEVEL 20 TWO AND LEVEL THREE SEX OFFENDERS RESIDING THEREIN TO ONE; 21 (C) FOR THE PURPOSES OF THIS SECTION: 22 (1) "MULTIFAMILY DWELLING" MEANS A BUILDING OR BUILDINGS THAT ARE 23 LOCATED IN AN AREA ZONED RESIDENTIAL, THAT ARE ATTACHED TO EACH OTHER, 24 THAT CONTAIN TWO OR MORE DWELLING UNITS, INCLUDING TRIPLEXES, FOURPLEXES 25 AND APARTMENTS, AND THAT HAVE AS THEIR PRIMARY ACCESS A COMMON HALLWAY 26 OR CORRIDOR. 27 (2) "MULTIFAMILY DWELLING UNIT" MEANS ONE OR MORE ROOMS WITHIN A 28 BUILDING THAT ARE ARRANGED, DESIGNED OR USED FOR RESIDENTIAL PURPOSES 29 AND THAT CONTAIN INDEPENDENT SANITARY AND COOKING FACILITIES. 30 S 2. This act shall take effect immediately.