STATE OF NEW YORK
________________________________________________________________________
8452
2017-2018 Regular Sessions
IN ASSEMBLY
June 16, 2017
___________
Introduced by M. of A. JEAN-PIERRE, MURRAY -- read once and referred to
the Committee on Correction
AN ACT to amend the correction law, the executive law, the mental
hygiene law, the penal law, the social services law and the county
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. Subdivision 4 of section 168-f of the correction law, as
2 amended by chapter 67 of the laws of 2008, is amended and a new subdivi-
3 sion 4-a is added to read as follows:
4 4. Any sex offender shall register with the division no later than ten
5 calendar days after any change of address, internet accounts with inter-
6 net access providers belonging to such offender, internet identifiers
7 that such offender uses, or his or her status of enrollment, attendance,
8 employment or residence at any institution of higher education. A fee of
9 ten dollars, as authorized by subdivision eight of section one hundred
10 sixty-eight-b of this article, shall be submitted by the sex offender
11 each time such offender registers any change of address or any change of
12 his or her status of enrollment, attendance, employment or residence at
13 any institution of higher education. Any failure or omission to submit
14 the required fee shall not affect the acceptance by the division of the
15 change of address or change of status. Any failure or omission to
16 register any change of address or any change of his or her status of
17 enrollment, attendance, employment or residence at any institution of
18 higher education shall result in sentence of imprisonment for up to one
19 year, a fine of up to one thousand dollars, or both.
20 4-a. A sex offender required to register under this article who has
21 been given the level three designation, where the victim of a register-
22 ing offense was under the age of eighteen at the time of such offense,
23 who has established a residence shall not change said residence so as to
24 reside within the area defined as school grounds, as such term is
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13138-01-7
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1 defined in subdivision fourteen of section 220.00 of the penal law, the
2 measurements to be taken in straight lines from the center of the near-
3 est entrance of the residence to the real property boundary line
4 comprising such school grounds.
5 § 2. Section 203 of the correction law is amended by adding a new
6 subdivision 3 to read as follows:
7 3. Such guidelines and procedures promulgated by the commissioner in
8 accordance with subdivision one of this section shall prohibit the
9 placement of sex offenders designated level three, where the victim of
10 their offense was under the age of eighteen at the time of such offense,
11 from residing within the area defined as school grounds, as such term is
12 defined in subdivision fourteen of section 220.00 of the penal law, the
13 measurements to be taken in straight lines from the center of the near-
14 est entrance of the residence to the real property boundary line
15 comprising such school grounds.
16 § 3. Subdivision 4 of section 243 of the executive law, as added by
17 chapter 568 of the laws of 2008 and the opening paragraph as amended by
18 section 17 of part A of chapter 56 of the laws of 2010, is amended to
19 read as follows:
20 4. The office shall recommend to the commissioner rules and regu-
21 lations which shall include guidelines and procedures on the placement
22 of sex offenders designated as level two or level three offenders pursu-
23 ant to article six-C of the correction law, provided that such recom-
24 mended rules and regulations shall prohibit the placement of a sex
25 offender designated as a level three offender within the area defined as
26 school grounds, as such term is defined in subdivision fourteen of
27 section 220.00 of the penal law, the measurements to be taken in
28 straight lines from the center of the nearest entrance of the residence
29 to the real property boundary line comprising such school grounds. Such
30 regulations shall instruct local probation departments to consider
31 certain factors when investigating and approving the residence of level
32 two or level three sex offenders sentenced to a period of probation.
33 Such factors shall include the following:
34 (a) the location of other sex offenders required to register under the
35 sex offender registration act, specifically whether there is a concen-
36 tration of registered sex offenders in a certain residential area or
37 municipality;
38 (b) the number of registered sex offenders residing at a particular
39 property;
40 (c) the proximity of entities with vulnerable populations;
41 (d) accessibility to family members, friends or other supportive
42 services, including but not limited to locally available sex offender
43 treatment programs with preference for placement of such individuals
44 into programs that have demonstrated effectiveness in reducing sex
45 offender recidivism and increasing public safety; and
46 (e) the availability of permanent, stable housing in order to reduce
47 the likelihood that such offenders will be transient.
48 § 4. Subdivision (a) of section 10.11 of the mental hygiene law, as
49 added by chapter 7 of the laws of 2007, paragraphs 1 and 2 as amended by
50 section 118-e of subpart B of part C of chapter 62 of the laws of 2011,
51 is amended to read as follows:
52 (a) (1) Before ordering the release of a person to a regimen of strict
53 and intensive supervision and treatment pursuant to this article, the
54 court shall order that the department of corrections and community
55 supervision recommend supervision requirements to the court. These
56 supervision requirements, which shall be developed in consultation with
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1 the commissioner, shall include a prohibition against a sex offender
2 designated as a level three offender residing within the area defined as
3 school grounds, as such term is defined in subdivision fourteen of
4 section 220.00 of the penal law, the measurements to be taken in
5 straight lines from the center of the nearest entrance of the residence
6 to the real property boundary line comprising such school grounds, may
7 include but need not be limited to, electronic monitoring or global
8 positioning satellite tracking for an appropriate period of time, poly-
9 graph monitoring, specification of residence or type or residence,
10 prohibition of contact with identified past or potential victims, strict
11 and intensive supervision by a parole officer, and any other lawful and
12 necessary conditions that may be imposed by a court. In addition, after
13 consultation with the psychiatrist, psychologist or other professional
14 primarily treating the respondent, the commissioner shall recommend a
15 specific course of treatment. A copy of the recommended requirements for
16 supervision and treatment shall be given to the attorney general and the
17 respondent and his or her counsel a reasonable time before the court
18 issues its written order pursuant to this section.
19 (2) Before issuing its written order, the court shall afford the
20 parties an opportunity to be heard, and shall consider any additional
21 submissions by the respondent and the attorney general concerning the
22 proposed conditions of the regimen of strict and intensive supervision
23 and treatment. The court shall issue an order specifying the conditions
24 of the regimen of strict and intensive supervision and treatment, which
25 shall include a prohibition against a sex offender designated as a level
26 three offender residing within the area defined as school grounds, as
27 such term is defined in subdivision fourteen of section 220.00 of the
28 penal law, the measurements to be taken in straight lines from the
29 center of the nearest entrance of the residence to the real property
30 boundary line comprising such school grounds, specified supervision
31 requirements and compliance with a specified course of treatment. A
32 written statement of the conditions of the regimen of strict and inten-
33 sive supervision and treatment shall be given to the respondent and to
34 his or her counsel, any designated service providers or treating profes-
35 sionals, the commissioner, the attorney general and the supervising
36 parole officer. The court shall require the department of corrections
37 and community supervision to take appropriate actions to implement the
38 supervision plan and assure compliance with the conditions of the regi-
39 men of strict and intensive supervision and treatment and to investigate
40 and approve the location of the respondent's residence and place of
41 employment. A regimen of strict and intensive supervision does not toll
42 the running of any form of supervision in criminal cases, including but
43 not limited to post-release supervision and parole.
44 § 5. Paragraph (a) of subdivision 4-a of section 65.10 of the penal
45 law, as amended by chapter 67 of the laws of 2008, is amended and a new
46 paragraph (a-1) is added to read as follows:
47 (a) When imposing a sentence of probation or conditional discharge
48 upon a person convicted of an offense defined in article one hundred
49 thirty, two hundred thirty-five or two hundred sixty-three of this chap-
50 ter, or section 255.25, 255.26 or 255.27 of this chapter, and the victim
51 of such offense was under the age of eighteen at the time of such
52 offense or such person has been designated a level three sex offender
53 pursuant to subdivision six of section [168-l] one hundred sixty-eight-l
54 of the correction law, the court shall require, as a mandatory condition
55 of such sentence, that such sentenced offender shall refrain from know-
56 ingly entering into or upon any school grounds, as that term is defined
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1 in subdivision fourteen of section 220.00 of this chapter, or any other
2 facility or institution primarily used for the care or treatment of
3 persons under the age of eighteen while one or more of such persons
4 under the age of eighteen are present, provided however, that when such
5 sentenced offender is a registered student or participant or an employee
6 of such facility or institution or entity contracting therewith or has a
7 family member enrolled in such facility or institution, such sentenced
8 offender may, with the written authorization of his or her probation
9 officer or the court and the superintendent or chief administrator of
10 such facility, institution or grounds, enter such facility, institution
11 or upon such grounds for the limited purposes authorized by the
12 probation officer or the court and superintendent or chief officer.
13 Nothing in this subdivision shall be construed as restricting any lawful
14 condition of supervision that may be imposed on such sentenced offender.
15 (a-1) When imposing a sentence of probation or conditional discharge
16 upon a person designated a level three sex offender, where the victim of
17 their offense was under the age of eighteen at the time of such offense,
18 the court shall require, as a mandatory condition of such sentence, that
19 such sentenced offender shall not reside within the area defined as
20 school grounds, as such term is defined in subdivision fourteen of
21 section 220.00 of the penal law, the measurements to be taken in
22 straight lines from the center of the nearest entrance of the residence
23 to the real property boundary line comprising such school grounds.
24 § 6. Subdivision 8 of section 20 of the social services law, as
25 amended by section 150 of subpart B of part C of chapter 62 of the laws
26 of 2011, is amended to read as follows:
27 8. (a) The office of temporary and disability assistance shall promul-
28 gate rules and regulations for the administration of this subdivision.
29 The rules and regulations shall provide for the conditions under which
30 local social services officials determine the placement of applicants
31 for and recipients of public assistance for whom a notice pursuant to
32 section two hundred three of the correction law, has been received and
33 who are:
34 (i) determined to be in immediate need of shelter; and
35 (ii) designated a level two or level three sex offender pursuant to
36 article six-C of the correction law.
37 (b) When making determinations in regard to the placement of such
38 individuals in shelter, local social services officials shall not place
39 a level three offender within an area defined as school grounds, as such
40 term is defined in subdivision fourteen of section 220.00 of the penal
41 law, the measurements to be taken in straight lines from the center of
42 the nearest entrance of the residence to the real property boundary line
43 comprising such school grounds, and shall consider the following
44 factors:
45 (i) the location of other sex offenders required to register pursuant
46 to the sex offender registration act, specifically whether there is a
47 concentration of registered sex offenders in a certain residential area
48 or municipality;
49 (ii) the number of registered sex offenders residing at a particular
50 property;
51 (iii) proximity of the entities with vulnerable populations;
52 (iv) accessibility to family members, friends or other supportive
53 services, including but not limited to locally available sex offender
54 treatment programs with preference for placement of such individuals
55 into programs that have demonstrated effectiveness in reducing sex
56 offender recidivism and increasing public safety; and
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1 (v) investigation and approval of such placement by the department of
2 corrections and community supervision.
3 § 7. The county law is amended by adding a new section 663 to read as
4 follows:
5 § 663. Sex offender monitoring and verification. 1. The sheriff shall
6 provide for the:
7 (a) verification of residency reporting of all registered sex offen-
8 ders who are not homeless and who are required to report pursuant to
9 article six-C of the correction law;
10 (b) proactive monitoring of registered sex offenders to ensure accu-
11 rate reporting of registered sex offender addresses, which includes
12 monitoring of social media for address verification and to ensure regis-
13 tered sex offenders are not using social media in violation of applica-
14 ble law;
15 (c) development of a system for the community reporting of violations
16 by sex offenders;
17 (d) development of community email alert and website enhancements to
18 provide notification of registered sex offenders;
19 (e) provision of crime victim services; and
20 (f) provision of community outreach and prevention education.
21 2. The sheriff shall utilize available resources to enhance or develop
22 and implement registered sex offender monitoring and enforcement which
23 may include, but not be limited to:
24 (a) strengthening address verification efforts, including shelter site
25 verification;
26 (b) electronic distribution of registered sex offender addresses,
27 photos, motor vehicle driver information and registration information to
28 sector patrols;
29 (c) establishing permanent patrol checks;
30 (d) developing patrol officer intelligence reports for each officer-
31 registered sex offender contact; and
32 (e) developing watch lists.
33 § 8. This act shall take effect on the first of November next succeed-
34 ing the date on which it shall have become a law.