Bill Text: NY S05000 | 2015-2016 | General Assembly | Amended
Bill Title: Restricts a registered sex offender from residing within 1000 feet of school grounds or a playground.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2016-06-14 - referred to correction [S05000 Detail]
Download: New_York-2015-S05000-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5000--B 2015-2016 Regular Sessions IN SENATE April 28, 2015 ___________ Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Crime Victims, Crime and Correction in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the correction law, the executive law, the mental hygiene law, the penal law and the social services law, in relation to the residence of a sex offender The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 168-c of the correction law is amended by adding a 2 new subdivision 2-a to read as follows: 3 2-a. Upon notification pursuant to subdivisions one or two of this 4 section, it shall be the duty of the division to confirm that a sex 5 offender's proposed residence is not within the area defined as school 6 grounds, as such term is defined in subdivision fourteen of section 7 220.00 of the penal law, or a playground, as such term is defined in 8 subdivision twenty-two of section 10.00 of the penal law, the measure- 9 ments to be taken in straight lines from the center of the nearest 10 entrance of the residence to the nearest real property boundary line 11 comprising such school grounds or playground. 12 § 2. Subdivisions 2 and 3 of section 168-d of the correction law, 13 subdivision 2 as amended by chapter 684 of the laws of 2005, and subdi- 14 vision 3 as amended by chapter 11 of the laws of 2002, are amended to 15 read as follows: 16 2. Any sex offender, who is released on probation or discharged upon 17 payment of a fine, conditional discharge or unconditional discharge EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10616-05-6S. 5000--B 2 1 shall, prior to such release or discharge, be informed of his or her 2 duty to register under this article by the court in which he or she was 3 convicted. At the time sentence is imposed, such sex offender shall 4 register with the division on a form prepared by the division. The court 5 shall require the sex offender to read and sign such form and to 6 complete the registration portion of such form. The court shall on such 7 form obtain the address where the sex offender expects to reside upon 8 his or her release, and the name and address of any institution of high- 9 er education he or she expects to be employed by, enrolled in, attending 10 or employed, whether for compensation or not, and whether he or she 11 expects to reside in a facility owned or operated by such an institu- 12 tion, and shall report such information to the division. The court shall 13 give one copy of the form to the sex offender and shall send two copies 14 to the division which shall forward the information to the law enforce- 15 ment agencies having jurisdiction. The court shall also notify the 16 district attorney and the sex offender of the date of the determination 17 proceeding to be held pursuant to subdivision three of this section, 18 which shall be held at least forty-five days after such notice is given. 19 This notice shall include the following statement or a substantially 20 similar statement: "This proceeding is being held to determine whether 21 you will be classified as a level 3 offender (risk of repeat offense is 22 high), a level 2 offender (risk of repeat offense is moderate), or a 23 level 1 offender (risk of repeat offense is low), or whether you will be 24 designated as a sexual predator, a sexually violent offender or a predi- 25 cate sex offender, which will determine how long you must register as a 26 sex offender, where you may reside, work or travel, and how much infor- 27 mation can be provided to the public concerning your registration. If 28 you fail to appear at this proceeding, without sufficient excuse, it 29 shall be held in your absence. Failure to appear may result in a longer 30 period of registration or a higher level of community notification 31 because you are not present to offer evidence or contest evidence 32 offered by the district attorney." The court shall also advise the sex 33 offender that he or she has a right to a hearing prior to the court's 34 determination, that he or she has the right to be represented by counsel 35 at the hearing and that counsel will be appointed if he or she is finan- 36 cially unable to retain counsel. If the sex offender applies for assign- 37 ment of counsel to represent him or her at the hearing and counsel was 38 not previously assigned to represent the sex offender in the underlying 39 criminal action, the court shall determine whether the offender is 40 financially unable to retain counsel. If such a finding is made, the 41 court shall assign counsel to represent the sex offender pursuant to 42 article eighteen-B of the county law. Where the court orders a sex 43 offender released on probation, such order must include a provision 44 requiring that he or she comply with the requirements of this article. 45 Where such sex offender violates such provision, probation may be imme- 46 diately revoked in the manner provided by article four hundred ten of 47 the criminal procedure law. 48 3. For sex offenders released on probation or discharged upon payment 49 of a fine, conditional discharge or unconditional discharge, it shall be 50 the duty of the court applying the guidelines established in subdivision 51 five of section one hundred sixty-eight-l of this article to determine 52 the level of notification pursuant to subdivision six of section one 53 hundred sixty-eight-l of this article and whether such sex offender 54 shall be designated a sexual predator, sexually violent offender, or 55 predicate sex offender as defined in subdivision seven of section one 56 hundred sixty-eight-a of this article. At least fifteen days prior toS. 5000--B 3 1 the determination proceeding, the district attorney shall provide to the 2 court and the sex offender a written statement setting forth the deter- 3 minations sought by the district attorney together with the reasons for 4 seeking such determinations. The court shall allow the sex offender to 5 appear and be heard. The state shall appear by the district attorney, or 6 his or her designee, who shall bear the burden of proving the facts 7 supporting the determinations sought by clear and convincing evidence. 8 Where there is a dispute between the parties concerning the determi- 9 nations, the court shall adjourn the hearing as necessary to permit the 10 sex offender or the district attorney to obtain materials relevant to 11 the determinations from any state or local facility, hospital, institu- 12 tion, office, agency, department or division. Such materials may be 13 obtained by subpoena if not voluntarily provided to the requesting 14 party. In making the determinations, the court shall review any victim's 15 statement and any relevant materials and evidence submitted by the sex 16 offender and the district attorney and the court may consider reliable 17 hearsay evidence submitted by either party provided that it is relevant 18 to the determinations. Facts previously proven at trial or elicited at 19 the time of entry of a plea of guilty shall be deemed established by 20 clear and convincing evidence and shall not be relitigated. The court 21 shall render an order setting forth its determinations and the findings 22 of fact and conclusions of law on which the determinations are based, 23 such order shall also include any conditions that are required to be 24 imposed pursuant to section 65.10 of the penal law. A copy of the order 25 shall be submitted by the court to the division. Upon application of 26 either party, the court shall seal any portion of the court file or 27 record which contains material that is confidential under any state or 28 federal statute. Either party may appeal as of right from the order 29 pursuant to the provisions of articles fifty-five, fifty-six and fifty- 30 seven of the civil practice law and rules. Where counsel has been 31 assigned to represent the sex offender upon the ground that the sex 32 offender is financially unable to retain counsel, that assignment shall 33 be continued throughout the pendency of the appeal, and the person may 34 appeal as a poor person pursuant to article eighteen-B of the county 35 law. 36 § 3. Section 168-f of the correction law is amended by adding a new 37 subdivision 4-a to read as follows: 38 4-a. A sex offender who has established a residence shall not change 39 said residence so as to reside within the area defined as school 40 grounds, as such term is defined in subdivision fourteen of section 41 220.00 of the penal law, or a playground, as such term is defined in 42 subdivision twenty-two of section 10.00 of the penal law, the measure- 43 ments to be taken in straight lines from the center of the nearest 44 entrance of the residence to the real property boundary line comprising 45 such school grounds or playground. 46 § 4. Subdivision 2 of section 168-k of the correction law, as amended 47 by chapter 684 of the laws of 2005, is amended to read as follows: 48 2. The division shall advise the board that the sex offender has 49 established residence in this state. The board shall determine whether 50 the sex offender is required to register with the division. If it is 51 determined that the sex offender is required to register, the division 52 shall notify the sex offender of his or her duty to register under this 53 article and shall require the sex offender to sign a form as may be 54 required by the division acknowledging that the duty to register and the 55 procedure for registration has been explained to the sex offender. The 56 division shall obtain on such form the address where the sex offenderS. 5000--B 4 1 expects to reside within the state and the sex offender shall retain one 2 copy of the form and send two copies to the division which shall provide 3 the information to the law enforcement agency having jurisdiction where 4 the sex offender expects to reside within this state. No later than 5 thirty days prior to the board making a recommendation, the sex offender 6 shall be notified that his or her case is under review and that he or 7 she is permitted to submit to the board any information relevant to the 8 review. After reviewing any information obtained, and applying the 9 guidelines established in subdivision five of section one hundred 10 sixty-eight-l of this article, the board shall within sixty calendar 11 days make a recommendation regarding the level of notification pursuant 12 to subdivision six of section one hundred sixty-eight-l of this article 13 and whether such sex offender shall be designated a sexual predator, 14 sexually violent offender, or predicate sex offender as defined in 15 subdivision seven of section one hundred sixty-eight-a of this article. 16 This recommendation shall be confidential and shall not be available for 17 public inspection. It shall be submitted by the board to the county 18 court or supreme court and to the district attorney in the county of 19 residence of the sex offender and to the sex offender. It shall be the 20 duty of the county court or supreme court in the county of residence of 21 the sex offender, applying the guidelines established in subdivision 22 five of section one hundred sixty-eight-l of this article, to determine 23 the level of notification pursuant to subdivision six of section one 24 hundred sixty-eight-l of this article and whether such sex offender 25 shall be designated a sexual predator, sexually violent offender, or 26 predicate sex offender as defined in subdivision seven of section one 27 hundred sixty-eight-a of this article. At least thirty days prior to the 28 determination proceeding, such court shall notify the district attorney 29 and the sex offender, in writing, of the date of the determination 30 proceeding and the court shall also provide the district attorney and 31 sex offender with a copy of the recommendation received from the board 32 and any statement of the reasons for the recommendation received from 33 the board. This notice shall include the following statement or a 34 substantially similar statement: "This proceeding is being held to 35 determine whether you will be classified as a level 3 offender (risk of 36 repeat offense is high), a level 2 offender (risk of repeat offense is 37 moderate), or a level 1 offender (risk of repeat offense is low), or 38 whether you will be designated as a sexual predator, a sexually violent 39 offender or a predicate sex offender, which will determine how long you 40 must register as a sex offender, where you may reside, work or travel, 41 and how much information can be provided to the public concerning your 42 registration. If you fail to appear at this proceeding, without suffi- 43 cient excuse, it shall be held in your absence. Failure to appear may 44 result in a longer period of registration or a higher level of community 45 notification because you are not present to offer evidence or contest 46 evidence offered by the district attorney." The court shall also advise 47 the sex offender that he or she has a right to a hearing prior to the 48 court's determination, that he or she has the right to be represented by 49 counsel at the hearing and that counsel will be appointed if he or she 50 is financially unable to retain counsel. A returnable form shall be 51 enclosed in the court's notice to the sex offender on which the sex 52 offender may apply for assignment of counsel. If the sex offender 53 applies for assignment of counsel and the court finds that the offender 54 is financially unable to retain counsel, the court shall assign counsel 55 to represent the sex offender pursuant to article eighteen-B of the 56 county law. If the district attorney seeks a determination that differsS. 5000--B 5 1 from the recommendation submitted by the board, at least ten days prior 2 to the determination proceeding the district attorney shall provide to 3 the court and the sex offender a statement setting forth the determi- 4 nations sought by the district attorney together with the reasons for 5 seeking such determinations. The court shall allow the sex offender to 6 appear and be heard. The state shall appear by the district attorney, or 7 his or her designee, who shall bear the burden of proving the facts 8 supporting the determinations sought by clear and convincing evidence. 9 It shall be the duty of the court applying the guidelines established in 10 subdivision five of section one hundred sixty-eight-l of this article to 11 determine the level of notification pursuant to subdivision six of 12 section one hundred sixty-eight-l of this article and whether such sex 13 offender shall be designated a sexual predator, sexually violent offen- 14 der, or predicate sex offender as defined in subdivision seven of 15 section one hundred sixty-eight-a of this article. Where there is a 16 dispute between the parties concerning the determinations, the court 17 shall adjourn the hearing as necessary to permit the sex offender or the 18 district attorney to obtain materials relevant to the determinations 19 from the state board of examiners of sex offenders or any state or local 20 facility, hospital, institution, office, agency, department or division. 21 Such materials may be obtained by subpoena if not voluntarily provided 22 to the requesting party. In making the determinations the court shall 23 review any victim's statement and any relevant materials and evidence 24 submitted by the sex offender and the district attorney and the recom- 25 mendation and any material submitted by the board, and may consider 26 reliable hearsay evidence submitted by either party, provided that it is 27 relevant to the determinations. If available, facts proven at trial or 28 elicited at the time of a plea of guilty shall be deemed established by 29 clear and convincing evidence and shall not be relitigated. The court 30 shall render an order setting forth its determinations and the findings 31 of fact and conclusions of law on which the determinations are based, 32 such order shall also include any conditions that are required to be 33 imposed pursuant to section 65.10 of the penal law. A copy of the order 34 shall be submitted by the court to the division. Upon application of 35 either party, the court shall seal any portion of the court file or 36 record which contains material that is confidential under any state or 37 federal statute. Either party may appeal as of right from the order 38 pursuant to the provisions of articles fifty-five, fifty-six and fifty- 39 seven of the civil practice law and rules. Where counsel has been 40 assigned to represent the sex offender upon the ground that the sex 41 offender is financially unable to retain counsel, that assignment shall 42 be continued throughout the pendency of the appeal, and the person may 43 appeal as a poor person pursuant to article eighteen-B of the county 44 law. 45 § 5. Subdivision 3 of section 168-n of the correction law, as amended 46 by chapter 684 of the laws of 2005, is amended to read as follows: 47 3. No later than thirty days prior to the board's recommendation, the 48 sex offender shall be notified that his or her case is under review and 49 that he or she is permitted to submit to the board any information rele- 50 vant to the review. Upon receipt of the board's recommendation, the 51 sentencing court shall determine whether the sex offender was previously 52 found to be eligible for assigned counsel in the underlying case. Where 53 such a finding was previously made, the court shall assign counsel to 54 represent the offender, pursuant to article eighteen-B of the county 55 law. At least twenty days prior to the determination proceeding, the 56 sentencing court shall notify the district attorney, the sex offenderS. 5000--B 6 1 and the sex offender's counsel, in writing, of the date of the determi- 2 nation proceeding and shall also provide the district attorney, the sex 3 offender and the sex offender's counsel with a copy of the recommenda- 4 tion received from the board and any statement of the reasons for the 5 recommendation received from the board. This notice shall include the 6 following statement or a substantially similar statement: "This 7 proceeding is being held to determine whether you will be classified as 8 a level 3 offender (risk of repeat offense is high), a level 2 offender 9 (risk of repeat offense is moderate), or a level 1 offender (risk of 10 repeat offense is low), or whether you will be designated as a sexual 11 predator, a sexually violent offender or a predicate sex offender, which 12 will determine how long you must register as a sex offender, where you 13 may reside, work or travel, and how much information can be provided to 14 the public concerning your registration. If you fail to appear at this 15 proceeding, without sufficient excuse, it shall be held in your absence. 16 Failure to appear may result in a longer period of registration or a 17 higher level of community notification because you are not present to 18 offer evidence or contest evidence offered by the district attorney." 19 The written notice to the sex offender shall also advise the offender 20 that he or she has a right to a hearing prior to the court's determi- 21 nation, and that he or she has the right to be represented by counsel at 22 the hearing. If counsel has been assigned to represent the offender at 23 the determination proceeding, the notice shall also provide the name, 24 address and telephone number of the assigned counsel. Where counsel has 25 not been assigned, the notice shall advise the sex offender that counsel 26 will be appointed if he or she is financially unable to retain counsel, 27 and a returnable form shall be enclosed in the court's notice to the sex 28 offender on which the sex offender may apply for assignment of counsel. 29 If the sex offender applies for assignment of counsel and the court 30 finds that the offender is financially unable to retain counsel, the 31 court shall assign counsel to represent the sex offender pursuant to 32 article eighteen-B of the county law. If the district attorney seeks a 33 determination that differs from the recommendation submitted by the 34 board, at least ten days prior to the determination proceeding the 35 district attorney shall provide to the court and the sex offender a 36 statement setting forth the determinations sought by the district attor- 37 ney together with the reasons for seeking such determinations. The court 38 shall allow the sex offender to appear and be heard. The state shall 39 appear by the district attorney, or his or her designee, who shall bear 40 the burden of proving the facts supporting the determinations sought by 41 clear and convincing evidence. Where there is a dispute between the 42 parties concerning the determinations, the court shall adjourn the hear- 43 ing as necessary to permit the sex offender or the district attorney to 44 obtain materials relevant to the determinations from the state board of 45 examiners of sex offenders or any state or local facility, hospital, 46 institution, office, agency, department or division. Such materials may 47 be obtained by subpoena if not voluntarily provided to the requesting 48 party. In making the determinations the court shall review any victim's 49 statement and any relevant materials and evidence submitted by the sex 50 offender and the district attorney and the recommendation and any mate- 51 rials submitted by the board, and may consider reliable hearsay evidence 52 submitted by either party, provided that it is relevant to the determi- 53 nations. Facts previously proven at trial or elicited at the time of 54 entry of a plea of guilty shall be deemed established by clear and 55 convincing evidence and shall not be relitigated. The court shall render 56 an order setting forth its determinations and the findings of fact andS. 5000--B 7 1 conclusions of law on which the determinations are based, such order 2 shall also include any conditions that are required to be imposed pursu- 3 ant to section 65.10 of the penal law. A copy of the order shall be 4 submitted by the court to the division. Upon application of either 5 party, the court shall seal any portion of the court file or record 6 which contains material that is confidential under any state or federal 7 statute. Either party may appeal as of right from the order pursuant to 8 the provisions of articles fifty-five, fifty-six and fifty-seven of the 9 civil practice law and rules. Where counsel has been assigned to repre- 10 sent the sex offender upon the ground that the sex offender is finan- 11 cially unable to retain counsel, that assignment shall be continued 12 throughout the pendency of the appeal, and the person may appeal as a 13 poor person pursuant to article eighteen-B of the county law. 14 § 6. Subdivision 1 of section 203 of the correction law, as added by 15 section 32 of subpart A of part C of chapter 62 of the laws of 2011, is 16 amended to read as follows: 17 1. The commissioner shall promulgate rules and regulations that shall 18 include guidelines and procedures on the placement of sex offenders 19 designated as level two or level three offenders pursuant to article 20 six-C of this chapter, provided that such guidelines and procedures 21 shall prohibit the placement of such sex offenders within the area 22 defined as school grounds, as such term is defined in subdivision four- 23 teen of section 220.00 of the penal law, or a playground, as such term 24 is defined in subdivision twenty-two of section 10.00 of the penal law. 25 Such regulations shall provide instruction on certain factors to be 26 considered when investigating and approving the residence of level two 27 or level three sex offenders released on presumptive release, parole, 28 conditional release or post-release supervision. Such factors shall 29 include the following: 30 (a) the location of other sex offenders required to register under the 31 sex offender registration act, specifically whether there is a concen- 32 tration of registered sex offenders in a certain residential area or 33 municipality; 34 (b) the number of registered sex offenders residing at a particular 35 property; 36 (c) the proximity of entities with vulnerable populations; 37 (d) accessibility to family members, friends or other supportive 38 services, including, but not limited to, locally available sex offender 39 treatment programs with preference for placement of such individuals 40 into programs that have demonstrated effectiveness in reducing sex 41 offender recidivism and increasing public safety; and 42 (e) the availability of permanent, stable housing in order to reduce 43 the likelihood that such offenders will be transient. 44 § 7. The correction law is amended by adding a new section 209 to read 45 as follows: 46 § 209. Regulations for release of sex offenders designated as level 47 one offenders. The commissioner shall promulgate rules and regulations 48 that shall include guidelines and procedures on the placement of sex 49 offenders designated as level one sexual predators, sexually violent 50 offenders, or predicate sex offenders pursuant to article six-C of this 51 chapter and the victim of the offense for which such designation was 52 received was under the age of eighteen at the time of such offense, 53 provided that such guidelines and procedures shall prohibit the place- 54 ment of such sex offenders within any school grounds, as such term is 55 defined in subdivision fourteen of section 220.00 of the penal law, or aS. 5000--B 8 1 playground, as such term is defined in subdivision twenty-two of section 2 10.00 of the penal law. 3 § 8. Subdivision 14 of section 259-c of the executive law, as amended 4 by section 38-b of subpart A of part C of chapter 62 of the laws of 5 2011, is amended to read as follows: 6 14. notwithstanding any other provision of law to the contrary, where 7 a person serving a sentence for an offense defined in article one 8 hundred thirty, one hundred thirty-five or two hundred sixty-three of 9 the penal law or section 255.25, 255.26 or 255.27 of the penal law and 10 the victim of such offense was under the age of eighteen at the time of 11 such offense or such person has been designated a level two or level 12 three sex offender pursuant to subdivision six of section one hundred 13 sixty-eight-l of the correction law, is released on parole or condi- 14 tionally released pursuant to subdivision one or two of this section, 15 the board shall require, as a mandatory condition of such release, that 16 such sentenced offender shall refrain from knowingly entering into or 17 upon any school grounds, as that term is defined in subdivision fourteen 18 of section 220.00 of the penal law, [or] any other facility or institu- 19 tion primarily used for the care or treatment of persons under the age 20 of eighteen while one or more of such persons under the age of eighteen 21 are present, or any playground, as that term is defined in subdivision 22 twenty-two of section 10.00 of the penal law, provided however, that 23 when such sentenced offender is a registered student or participant or 24 an employee of such facility or institution or entity contracting there- 25 with or has a family member enrolled in such facility or institution, 26 such sentenced offender may, with the written authorization of his or 27 her parole officer and the superintendent or chief administrator of such 28 facility, institution or grounds, enter such facility, institution or 29 upon such grounds for the limited purposes authorized by the parole 30 officer and superintendent or chief officer. Nothing in this subdivi- 31 sion shall be construed as restricting any lawful condition of super- 32 vision that may be imposed on such sentenced offender. 33 § 9. Subdivision 4 of section 243 of the executive law, as added by 34 chapter 568 of the laws of 2008 and the opening paragraph as amended by 35 section 17 of part A of chapter 56 of the laws of 2010, is amended to 36 read as follows: 37 4. The office shall recommend to the commissioner rules and regu- 38 lations which shall include guidelines and procedures on the placement 39 of sex offenders designated as level two or level three offenders pursu- 40 ant to article six-C of the correction law, provided that such recom- 41 mended rules and regulations shall prohibit the placement of such sex 42 offenders within the area defined as school grounds, as such term is 43 defined in subdivision fourteen of section 220.00 of the penal law, or a 44 playground, as such term is defined in subdivision twenty-two of section 45 10.00 of the penal law. Such regulations shall instruct local probation 46 departments to consider certain factors when investigating and approving 47 the residence of level two or level three sex offenders sentenced to a 48 period of probation. Such factors shall include the following: 49 (a) the location of other sex offenders required to register under the 50 sex offender registration act, specifically whether there is a concen- 51 tration of registered sex offenders in a certain residential area or 52 municipality; 53 (b) the number of registered sex offenders residing at a particular 54 property; 55 (c) the proximity of entities with vulnerable populations;S. 5000--B 9 1 (d) accessibility to family members, friends or other supportive 2 services, including but not limited to locally available sex offender 3 treatment programs with preference for placement of such individuals 4 into programs that have demonstrated effectiveness in reducing sex 5 offender recidivism and increasing public safety; and 6 (e) the availability of permanent, stable housing in order to reduce 7 the likelihood that such offenders will be transient. 8 § 10. Subdivision (a) of section 10.11 of the mental hygiene law, as 9 added by chapter 7 of the laws of 2007, paragraphs 1 and 2 as amended by 10 section 118-e of subpart B of part C of chapter 62 of the laws of 2011, 11 is amended to read as follows: 12 (a) (1) Before ordering the release of a person to a regimen of strict 13 and intensive supervision and treatment pursuant to this article, the 14 court shall order that the department of corrections and community 15 supervision recommend supervision requirements to the court. These 16 supervision requirements, which shall be developed in consultation with 17 the commissioner, shall include a prohibition against knowingly entering 18 into or upon any school grounds, as that term is defined in subdivision 19 fourteen of section 220.00 of the penal law, any other facility or 20 institution primarily used for the care or treatment of persons under 21 the age of eighteen while one or more of such persons under the age of 22 eighteen are present, or a playground, as such term is defined in subdi- 23 vision twenty-two of section 10.00 of the penal law, and may include but 24 need not be limited to, electronic monitoring or global positioning 25 satellite tracking for an appropriate period of time, polygraph monitor- 26 ing, specification of residence or type or residence, prohibition of 27 contact with identified past or potential victims, strict and intensive 28 supervision by a parole officer, and any other lawful and necessary 29 conditions that may be imposed by a court. In addition, after consulta- 30 tion with the psychiatrist, psychologist or other professional primarily 31 treating the respondent, the commissioner shall recommend a specific 32 course of treatment. A copy of the recommended requirements for super- 33 vision and treatment shall be given to the attorney general and the 34 respondent and his or her counsel a reasonable time before the court 35 issues its written order pursuant to this section. 36 (2) Before issuing its written order, the court shall afford the 37 parties an opportunity to be heard, and shall consider any additional 38 submissions by the respondent and the attorney general concerning the 39 proposed conditions of the regimen of strict and intensive supervision 40 and treatment. The court shall issue an order specifying the conditions 41 of the regimen of strict and intensive supervision and treatment, which 42 shall include a condition that the respondent shall refrain from know- 43 ingly entering into or upon any school grounds, as that term is defined 44 in subdivision fourteen of section 220.00 of the penal law, any other 45 facility or institution primarily used for the care or treatment of 46 persons under the age of eighteen while one or more of such persons 47 under the age of eighteen are present, or a playground, as such term is 48 defined in subdivision twenty-two of section 10.00 of the penal law, 49 specified supervision requirements and compliance with a specified 50 course of treatment. A written statement of the conditions of the regi- 51 men of strict and intensive supervision and treatment shall be given to 52 the respondent and to his or her counsel, any designated service provid- 53 ers or treating professionals, the commissioner, the attorney general 54 and the supervising parole officer. The court shall require the depart- 55 ment of corrections and community supervision to take appropriate 56 actions to implement the supervision plan and assure compliance with theS. 5000--B 10 1 conditions of the regimen of strict and intensive supervision and treat- 2 ment and to investigate and approve the location of the respondent's 3 residence. A regimen of strict and intensive supervision does not toll 4 the running of any form of supervision in criminal cases, including but 5 not limited to post-release supervision and parole. 6 § 11. Section 10.00 of the penal law is amended by adding a new subdi- 7 vision 22 to read as follows: 8 22. "Playground" means (a) in or within any building, structure, play- 9 ing field, or land contained within the boundary of land owned, leased 10 or maintained by the state or any agency or municipality thereof or by 11 any not-for-profit corporation, corporation or association that is used 12 on a regular basis as a recreation area for children and is so desig- 13 nated, or (b) any area accessible to the public located within one thou- 14 sand feet of the perimeter of any such playground or any parked automo- 15 bile or other parked vehicle located within one thousand feet of the 16 real property boundary line comprising any such playground. For the 17 purposes of this section an "area accessible to the public" shall mean 18 sidewalks, streets, parking lots, parks, stores and restaurants. 19 § 12. Paragraph (a) of subdivision 4-a of section 65.10 of the penal 20 law, as amended by chapter 67 of the laws of 2008, is amended to read as 21 follows: 22 (a) When imposing a sentence of probation or conditional discharge 23 upon a person convicted of an offense defined in article one hundred 24 thirty, two hundred thirty-five or two hundred sixty-three of this chap- 25 ter, or section 255.25, 255.26 or 255.27 of this chapter, and the victim 26 of such offense was under the age of eighteen at the time of such 27 offense or such person has been designated a level two or level three 28 sex offender pursuant to subdivision six of section [168-l] one hundred 29 sixty-eight-l of the correction law, the court shall require, as a 30 mandatory condition of such sentence, that such sentenced offender shall 31 refrain from knowingly entering into or upon any school grounds, as that 32 term is defined in subdivision fourteen of section 220.00 of this chap- 33 ter, [or] any other facility or institution primarily used for the care 34 or treatment of persons under the age of eighteen while one or more of 35 such persons under the age of eighteen are present, or any playground, 36 as that term is defined in subdivision twenty-two of section 10.00 of 37 this chapter, provided however, that when such sentenced offender is a 38 registered student or participant or an employee of such facility or 39 institution or entity contracting therewith or has a family member 40 enrolled in such facility or institution, such sentenced offender may, 41 with the written authorization of his or her probation officer or the 42 court and the superintendent or chief administrator of such facility, 43 institution or grounds, enter such facility, institution or upon such 44 grounds for the limited purposes authorized by the probation officer or 45 the court and superintendent or chief officer. Nothing in this subdivi- 46 sion shall be construed as restricting any lawful condition of super- 47 vision that may be imposed on such sentenced offender. 48 § 13. Subdivision 8 of section 20 of the social services law, as 49 amended by section 150 of subpart B of part C of chapter 62 of the laws 50 of 2011, is amended to read as follows: 51 8. (a) The office of temporary and disability assistance shall promul- 52 gate rules and regulations for the administration of this subdivision. 53 The rules and regulations shall provide for the conditions under which 54 local social services officials determine the placement of applicants 55 for and recipients of public assistance for whom a notice pursuant toS. 5000--B 11 1 section two hundred three of the correction law[,] has been received and 2 who are: 3 (i) determined to be in immediate need of shelter; and 4 (ii) designated a level two or level three sex offender pursuant to 5 article six-C of the correction law. 6 (b) When making determinations in regard to the placement of such 7 individuals in shelter, local social services officials shall not place 8 such individuals within the area defined as school grounds, as such term 9 is defined in subdivision fourteen of section 220.00 of the penal law, 10 or a playground, as such term is defined in subdivision twenty-two of 11 section 10.00 of the penal law, and shall consider the following 12 factors: 13 (i) the location of other sex offenders required to register pursuant 14 to the sex offender registration act, specifically whether there is a 15 concentration of registered sex offenders in a certain residential area 16 or municipality; 17 (ii) the number of registered sex offenders residing at a particular 18 property; 19 (iii) proximity of the entities with vulnerable populations; 20 (iv) accessibility to family members, friends or other supportive 21 services, including but not limited to locally available sex offender 22 treatment programs with preference for placement of such individuals 23 into programs that have demonstrated effectiveness in reducing sex 24 offender recidivism and increasing public safety; and 25 (v) investigation and approval of such placement by the department of 26 corrections and community supervision. 27 § 14. This act shall take effect on the first of November next 28 succeeding the date on which it shall have become a law.
