Provides for monitoring of persons who are pedophiles and both level 3 sex offenders and sexual predators or predicate sex offenders with global positioning system; establishes that the period will be determined by court; provides for the right to appeal, right to modify or terminate order and right to counsel.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7174
SPONSOR: Chandler-Waterman TITLE OF BILL:
An act to amend the correction law, in relation to tracking certain sex
offenders with a global positioning system
PURPOSE OR GENERAL IDEA OF BILL:
An act to amend the correction law, in relation to tracking certain sex
offenders with a global positioning system
SUMMARY OF PROVISIONS:
Subdivision 3 of section 168-d of the correction law by requiring the
court to determine the time . a sex offender shall submit to GPS moni-
toring if he or she has been convicted of an offense involving a child
and is designated as both a level three offender and asexual predator or
prediCate sex offender.
Subdivision 3-a to § 168-f of the correction law to require that sex
offenders convicted of an offense involving a child and designated as
both a level three and a sexual predator or predicate sex offender be
fitted with a GPS monitor immediately upon release or commencement of
parole, post-release supervision, probation, release on payment of a
fine, conditional discharge, or unconditional discharge. The bill
requires such monitoring devices to sound an alarm when such person
leaves a certain jurisdiction or enters a forbidden area. The bill
further requires the division of criminal justice services to annually
evaluate the sex offender's financial ability to offset the cost of
administering the GPS and levy such assessment upon him or her whereby
failure to pay would. result in a financial hardship hearing.
Subdivision 2-a to § 168-o of the correction law to allow a sex offender
required to wear a GPS monitor to annually petition the sentencing court
or the court which made the determination regarding such monitoring, for
an order modifying or terminating the monitoring portion of the determi-
nation. Approval of such petition may be appealed as of right by the
district attorney.
JUSTIFICATION:
This bill seeks to aid in the prevention of repeat sexual offenses by
strictly monitoring the location and movements of those offenders who
have completed their incarceration. Too often sex offenders who are
released from prison repeat sexual crimes. It is estimated that 55% of
sex offenders will recidivate. Therefore, it is in the best interest of
the public to know•the location of potential repeat offenders.
LEGISLATIVE HISTORY:
2024-2025: A6463
2019-2020: A20
2017-2018:.A419
2015-2016: A5124
2013-2014: A3695
2011-2012: A3011
2009-2010: A3403
FISCALIMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law.
