Bill Text: NY S05538 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to the placement of registered sex offenders by the office for people with developmental disabilities; provides that registered sex offenders with developmental disabilities shall be placed only in residential placements specifically designated for registered sex offenders by the office.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO DISABILITIES [S05538 Detail]

Download: New_York-2021-S05538-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5538

                               2021-2022 Regular Sessions

                    IN SENATE

                                     March 10, 2021
                                       ___________

        Introduced  by  Sen.  STEC  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Disabilities

        AN ACT to amend the mental hygiene law,  in  relation  to  placement  of
          registered  sex  offenders by the office for people with developmental
          disabilities

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The mental hygiene law is amended by adding a new section
     2  13.38-a to read as follows:
     3  § 13.38-a Placement of registered sex offenders.
     4    1. For purposes of this section, the term  "registered  sex  offender"
     5  shall mean all registered sex offenders pursuant to article six-C of the
     6  correction  law,  except  for  a level one sex offender who has not been
     7  designated as a sexual predator, a sexually violent offender, or a pred-
     8  icate sex offender.
     9    2. The office shall  designate  specific  residential  placements  for
    10  individuals  with  developmental  disabilities  who  are  registered sex
    11  offenders. The office shall determine how  many  residential  placements
    12  for  individuals  who  are  registered  sex  offenders  are necessary to
    13  provide adequate services to such individuals and shall ensure that  the
    14  location  of  such  residential  placements are geographically disbursed
    15  throughout the state.
    16    3. Notwithstanding any inconsistent provision of law, the office shall
    17  not permit or cause the placement of any registered sex offender in  any
    18  residential  placement  other  than  specifically designated residential
    19  placements for registered sex offenders as provided in  subdivision  one
    20  of this section.  Provided, however, this subdivision shall not apply to
    21  registered  sex  offenders  who have already been successfully placed by
    22  the office in a residential placement for individuals with developmental
    23  disabilities.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03155-02-1
        S. 5538                             2

     1    4. The office shall develop a  staffing  model  for  such  residential
     2  placements  for  registered sex offenders which shall include, but shall
     3  not be limited to, an adequate staff to resident ratio  and  appropriate
     4  training, to ensure the safety and well-being of the residents.
     5    5.  Transitional  care  provided to such registered sex offenders with
     6  developmental disabilities shall include outreach by the office to local
     7  law enforcement.
     8    § 2. This act shall take effect on the one hundred eightieth day after
     9  it shall have become a law.