Enacts the "sex offender community safety act"; establishes a special program for intensive monitoring and lifetime parole combined with community notification for treatment of sex offenders.
STATE OF NEW YORK
________________________________________________________________________
2611
2009-2010 Regular Sessions
IN ASSEMBLY
January 21, 2009
___________
Introduced by M. of A. SWEENEY, KOON, SCHIMMINGER, PHEFFER, GUNTHER,
ABBATE, GALEF, COOK, HOOPER, ENGLEBRIGHT, FIELDS -- Multi-Sponsored by
-- M. of A. ALFANO, BARRA, COLTON, DESTITO, HAYES, JOHN, MAGEE, SCAR-
BOROUGH, SEMINERIO, WEISENBERG -- read once and referred to the
Committee on Codes
AN ACT to amend the executive law, the penal law, the correction law and
the mental hygiene law, in relation to treatment of sex offenders
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "Sex Offender Community Safety Act".
3 § 2. Legislative findings and declaration. The legislature hereby
4 finds and declares that sexual offenses are heinous, violent crimes that
5 result in severe physical and emotional trauma for victims. The legisla-
6 ture further finds that there is a significant chance that certain sex
7 offenders may repeat their crimes following a period of incarceration
8 and that such recidivism is more likely if such offenders are not moni-
9 tored and supervised on parole.
10 The legislature finds that intensive monitoring and lifetime parole
11 supervision for sex offenders may prove effective in reducing sex offen-
12 der recidivism, but that no comprehensive long term supervision of sex
13 offenders has ever been provided in this state. The legislature hereby
14 declares that intensive monitoring and lifetime parole supervision
15 combined with community notification for New York offenders can offer
16 some protection to our communities and may also prove effective in
17 reducing offender recidivism.
18 § 3. The executive law is amended by adding three new sections 259-s,
19 259-t and 259-u to read as follows:
20 § 259-s. Definition of terms. As used in this article: 1. "Designated
21 sex offender" means a person who stands convicted of any one or more of
22 the following offenses, provided that such person is currently under
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02723-01-9
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1 sentence for such offense: (a) (i) A conviction of or a conviction for
2 an attempt to commit any of the provisions of sections 130.25, 130.30,
3 130.40, 130.45, 130.60 and 255.25 or article two hundred sixty-three of
4 the penal law, or section 135.05, 135.10, 135.20 or 135.25 of such law
5 relating to kidnapping offenses, provided the victim of such kidnapping
6 or related offense is less than seventeen years old; or
7 (ii) A conviction of an offense of the law in any other jurisdiction
8 of an offense which includes all of the essential elements of any such
9 felony provided for in subparagraph (i) of this paragraph for which a
10 sentence to a term of imprisonment in excess of one year or a sentence
11 of death was authorized and is authorized in this state irrespective of
12 whether such sentence was imposed; or
13 (b) (i) A conviction of or a conviction for an attempt to commit any
14 of the provisions of sections 130.35, 130.50, 130.65, 130.67, 130.70,
15 130.75 and 130.80 of the penal law; or
16 (ii) A conviction of an offense of the law in any other jurisdiction
17 of an offense which includes all of the essential elements of any such
18 felony provided for in subparagraph (i) of this paragraph for which a
19 sentence to a term of imprisonment in excess of one year or a sentence
20 of death was authorized and is authorized in this state irrespective of
21 whether such sentence was imposed.
22 2. "Designated sex offense" means any one or more of the felonies
23 defined in subdivision one of this section.
24 3. "Recidivist sex offender" means a person who stands convicted of
25 any one or more of the felonies defined in subdivision one of this
26 section after having previously been subject to one or more predicate
27 felony convictions, as defined in section 70.06 of the penal law, or one
28 or more predicate violent felony convictions, as defined in section
29 70.04 of the penal law, where such predicate felony or predicate violent
30 felony convictions were also for an offense defined in subdivision one
31 of this section.
32 § 259-t. Intensive parole supervision of designated sex offenders. The
33 release on parole or conditional release of any inmate who is a desig-
34 nated sex offender or recidivist sex offender, as defined in section two
35 hundred fifty-nine-s of this article, shall be subject to the following
36 conditions:
37 1. Active parole supervision shall be required for the life of the
38 offender notwithstanding any other condition of parole or conditional
39 release.
40 2. Parole and conditional release supervision shall consist of a mini-
41 mum of five contacts per month for the full period of supervision.
42 Parole and conditional release supervision of recidivist sex offenders
43 shall consist of a minimum of two contacts per week for the full period
44 of supervision.
45 3. Electronic surveillance shall be required during at least the first
46 sixty days of parole or conditional release.
47 § 259-u. Mandatory sex offender treatment and counseling. The division
48 of parole, in consultation with the commissioner of mental health, shall
49 create and implement a mandatory sex offender treatment program utiliz-
50 ing such protocols as might be recommended by the commissioner of mental
51 health. Any offender who has been convicted of a designated sex offense,
52 as provided for in section two hundred fifty-nine-t of this article,
53 shall be required to participate in such program during the period they
54 are under parole supervision provided that the division of parole may
55 determine that any individual offender convicted of a designated sex
56 offense shall not participate in such program if it finds such offender
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1 is not amenable to treatment. Nothing in this section shall be deemed to
2 prohibit the division of parole from arranging for the provision of
3 treatment and/or counseling services prior to consultation with the
4 commissioner of mental health, or by contracting with an independent
5 organization experienced in the research, evaluation and program devel-
6 opment of a sex offender treatment program.
7 § 4. The penal law is amended by adding a new section 70.09 to read as
8 follows:
9 § 70.09 Lifetime parole.
10 Any person convicted of a violation of any provision of sections
11 130.30, 130.35, 130.45, 130.50, 130.65, 130.67, 130.70, 130.75 and
12 130.80 of this chapter shall, in addition to the sentence or fine other-
13 wise authorized by law, be sentenced to lifetime parole. Notwithstand-
14 ing section two hundred fifty-nine-j of the executive law such sentences
15 shall not be subject to discharge by the board of parole.
16 § 5. The correction law is amended by adding a new section 75 to read
17 as follows:
18 § 75. Sex offender discharge planning. Prior to the release on parole
19 or conditional discharge of a designated sex offender or recidivist sex
20 offender, as provided for in section two hundred fifty-nine-t of the
21 executive law, the department, in consultation with the commissioner of
22 mental health and the division of parole, shall prepare a discharge plan
23 that includes a review of the offender's progress in any treatment
24 program provided while incarcerated, recommendations for continued
25 supervision and treatment in the community, and the need for additional
26 support services and supervision.
27 § 6. Section 7.09 of the mental hygiene law is amended by adding a new
28 subdivision (k) to read as follows:
29 (k) The commissioner, in cooperation with the division of parole and
30 the department of correctional services, shall develop a sex offender
31 treatment protocol to be utilized by the division of parole, pursuant to
32 section two hundred fifty-nine-u of the executive law. Such protocol
33 shall be submitted to the division of parole no later than June first,
34 two thousand ten. The commissioner shall also offer such technical
35 assistance to the department of correctional services as may be required
36 to implement the provisions of section seventy-five of the correction
37 law.
38 § 7. Paragraph (a) of subdivision 1 of section 803 of the correction
39 law, as amended by chapter 3 of the laws of 1995, is amended to read as
40 follows:
41 (a) Every person confined in an institution of the department or a
42 facility in the department of mental hygiene serving an indeterminate or
43 determinate sentence of imprisonment, except a person serving a sentence
44 with a maximum term of life imprisonment, and except a person convicted
45 of a sex offense contained in article one hundred thirty or section
46 255.25, 263.05, 263.10 or 263.15 of the penal law, may receive time
47 allowance against the term or maximum term of his or her sentence
48 imposed by the court. Such allowances may be granted for good behavior
49 and efficient and willing performance of duties assigned or progress and
50 achievement in an assigned treatment program, and may be withheld,
51 forfeited or canceled in whole or in part for bad behavior, violation of
52 institutional rules or failure to perform properly in the duties or
53 program assigned.
54 § 8. Subdivision 1 of section 803 of the correction law, as amended by
55 chapter 126 of the laws of 1987, is amended to read as follows:
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1 1. Every person confined in an institution of the department or a
2 facility in the department of mental hygiene serving an indeterminate
3 sentence of imprisonment, except a person serving a sentence with a
4 maximum term of life imprisonment, and except a person convicted of a
5 sex offense contained in article one hundred thirty or section 255.25,
6 263.05, 263.10 or 263.15 of the penal law, may receive time allowance
7 against the maximum term or period of his or her sentence not to exceed
8 in the aggregate one-third of the term or period imposed by the court.
9 Such allowances may be granted for good behavior and efficient and will-
10 ing performance of duties assigned or progress and achievement in an
11 assigned treatment program, and may be withheld, forfeited or canceled
12 in whole or in part for bad behavior, violation of institutional rules
13 or failure to perform properly in the duties or program assigned.
14 § 9. Subdivision 1 of section 804 of the correction law, as amended by
15 chapter 145 of the laws of 1976, is amended to read as follows:
16 1. Every person confined in an institution serving a definite sentence
17 of imprisonment except those individuals convicted of a sex offense
18 contained in article one hundred thirty or section 255.25, 263.05,
19 263.10 or 263.15 of the penal law may receive time allowances as discre-
20 tionary reductions of the term of his or her sentence not to exceed in
21 the aggregate one-third of the term imposed by the court. Such allow-
22 ances may be granted for good behavior and efficient and willing
23 performance of duties assigned or progress and achievement in an
24 assigned treatment program, and may be withheld, forfeited or cancelled
25 in whole or in part for bad behavior, violation of institutional rules
26 or failure to perform properly in the duties or program assigned.
27 § 10. Severability. If any clause, sentence, paragraph, section or
28 part of this act shall be adjudged by any court of competent jurisdic-
29 tion to be invalid, the judgment shall not affect, impair or invalidate
30 the remainder thereof, but shall be confined in its operations to the
31 clause, sentence, paragraph, section or part of this act directly
32 involved in which the judgment shall have been rendered.
33 § 11. This act shall take effect on the first of November next
34 succeeding the date on which it shall have become a law; and shall apply
35 to persons convicted and sentenced for committing a designated sex
36 offense or convicted as a recidivist sex offender on or after such date
37 provided, however, that the division of parole shall immediately take
38 the necessary actions to contract for the provision of any necessary
39 services to be provided in connection with such program and provided
40 further that such program shall be implemented as soon as possible
41 following the effective date of this act, provided further that the
42 amendments to subdivision 1 of section 803 of the correction law made by
43 section seven of this act shall be subject to the expiration and rever-
44 sion of such section pursuant to section 74 of chapter 3 of the laws of
45 1995, as amended, when upon such date the provisions of section eight of
46 this act shall take effect.
