Relates to the required disclosure upon the release of a juvenile or adolescent offender from the custody of the office of children and family services of certain records that are necessary to ascertain the nature of such offender's conviction and would be beneficial in identifying and mitigating any risk that such offender could pose if released.
STATE OF NEW YORK
________________________________________________________________________
6966
2025-2026 Regular Sessions
IN ASSEMBLY
March 18, 2025
___________
Introduced by M. of A. GALLAHAN -- read once and referred to the Commit-
tee on Children and Families
AN ACT to amend the executive law and the correction law, in relation to
certain required disclosures by the office of children and family
services upon the release or discharge of a juvenile offender or
adolescent offender
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 508 of the executive law is amended by adding two
2 new subdivisions 10 and 11 to read as follows:
3 10. Notwithstanding any other law, rule or regulation to the contrary,
4 where a juvenile offender or adolescent offender less than eighteen
5 years of age is being released or discharged from the custody of the
6 office following a term of commitment or placement imposed pursuant to a
7 felony conviction, the office shall provide the department of
8 corrections and community supervision with any and all records that are
9 necessary to ascertain the nature of such offender's conviction and
10 would be beneficial in identifying and mitigating any risk that such
11 offender could pose to the community if released or discharged.
12 11. Notwithstanding any other law, rule or regulation to the contrary,
13 thirty days prior to releasing a juvenile offender or adolescent offen-
14 der, the office and the department of corrections and community super-
15 vision shall notify the school district where such offender shall reside
16 of such offender's scheduled release or discharge date and such
17 offender's eligibility to enroll. To the extent authorized by federal
18 law, prior to the release or discharge of such offender, the office
19 shall provide such school district with any and all records that are
20 necessary to ascertain the nature of such offender's conviction and
21 would be beneficial in identifying and mitigating any risk that such
22 offender could pose to such school district if released or discharged.
23 § 2. Section 149 of the correction law, as amended by chapter 322 of
24 the laws of 2021, is amended to read as follows:
25 § 149. Released incarcerated individuals; notification to sheriff,
26 police, and district attorney. 1. In the case of any incarcerated indi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08238-01-5
A. 6966 2
1 vidual convicted of a felony, it shall be the duty of the department, at
2 least forty-eight hours prior to the release of any such incarcerated
3 individual from a correctional facility, to notify the chief of police
4 both of the city, town or village in which such incarcerated individual
5 proposes to reside and of the city, town or village in which such incar-
6 cerated individual resided at the time of [his or her] such incarcerated
7 individual's conviction and the district attorney of the county where
8 the offense for which the incarcerated individual is incarcerated was
9 prosecuted, of the contemplated release of such incarcerated individual,
10 informing such chief of police and the district attorney of the name and
11 aliases of the incarcerated individual, the address at which [he or she]
12 such incarcerated individual proposes to reside, the amount of time
13 remaining to be served, if any, on the full term for which [he or she]
14 such incarcerated individual was sentenced, and the nature of the crime
15 for which [he or she] such incarcerated individual was sentenced, trans-
16 mitting at the same time to the chief of police a copy of such incarcer-
17 ated individual's fingerprints and photograph. Where such incarcerated
18 individual proposes to reside outside of a city, such notification shall
19 be sent to the sheriff of the county in which such incarcerated individ-
20 ual proposes to reside. Such notification may be provided by electronic
21 transmission to those willing jurisdictions that have the capability of
22 receiving electronic transmission notification. Any chief of police or
23 sheriff who receives notification of a released incarcerated individual
24 pursuant to this [section] subdivision may request and receive from the
25 division of criminal justice services a report containing a summary of
26 such incarcerated individual's criminal record.
27 2. In the case of any juvenile offender or adolescent offender
28 convicted of a felony, it shall be the duty of the department and the
29 office of children and family services, at least forty-eight hours prior
30 to the release of any such offender from a correctional facility or an
31 office of children and family services facility, to notify the chief of
32 police both of the city, town or village in which such offender proposes
33 to reside and of the city, town or village in which such offender
34 resided at the time of such offender's conviction and the district
35 attorney of the county where the offense for which such offender is
36 committed or placed in the custody of the office of children and family
37 services was prosecuted, of the contemplated release of such offender,
38 informing such chief of police and the district attorney of the name and
39 aliases of such offender, the address at which such offender proposes to
40 reside, the amount of time remaining to be served, if any, on the full
41 term for which such offender was sentenced, and the nature of the crime
42 for which such offender was sentenced, transmitting at the same time to
43 the chief of police a copy of such offender's fingerprints and photo-
44 graph. Where a juvenile offender or adolescent offender proposes to
45 reside outside of a city, such notification shall be sent to the sheriff
46 of the county in which such offender proposes to reside. Such notifica-
47 tion may be provided by electronic transmission to those willing juris-
48 dictions that have the capability of receiving electronic transmission
49 notification. Any chief of police or sheriff who receives notification
50 of a released or discharged offender pursuant to this subdivision may
51 request and receive from the division of criminal justice services a
52 report containing a summary of such offender's criminal record.
53 § 3. This act shall take effect immediately.
