Requires electronic monitoring for certain sex offenders; requires the division of criminal justice services to establish a system of active electronic monitoring that identifies the location of certain sex offenders; makes it a crime for a sex offender required to be electronically monitored to violate such requirement.
STATE OF NEW YORK
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5026
2017-2018 Regular Sessions
IN ASSEMBLY
February 6, 2017
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Introduced by M. of A. McDONOUGH, RAIA, HAWLEY, JOHNS, RA -- Multi-Spon-
sored by -- M. of A. CURRAN -- read once and referred to the Commit-
tee on Correction
AN ACT to amend the correction law, in relation to requiring the elec-
tronic monitoring of certain sex offenders
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 168-w of the correction law, as relettered by chap-
2 ter 604 of the laws of 2005, is relettered section 168-x and a new
3 section 168-w is added to read as follows:
4 § 168-w. Electronic monitoring of certain sex offenders. 1. Any sex
5 offender having been assigned a level three risk or designated a sexual
6 predator, a sexually violent offender or a predicate sex offender, whose
7 crime was committed prior to, on or after the effective date of this
8 section shall be placed on electronic monitoring.
9 2. The division shall establish a system of active electronic monitor-
10 ing that identifies the location of a sex offender required to be moni-
11 tored pursuant to subdivision one of this section and that can produce,
12 upon request, reports or records of the sex offender's presence near or
13 within a crime scene or prohibited area or the sex offender's departure
14 from specified geographic limitations.
15 3. The division shall also promulgate regulations implementing the
16 imposition and collection of fees related to electronic monitoring
17 pursuant to this section. Such regulations shall utilize a means test
18 based on two hundred percent of the federal poverty guidelines promul-
19 gated annually by the federal department of health and human services
20 and if the sex offender falls below such percentage then no fee shall be
21 charged, and earnings above such percentage shall be considered on a
22 sliding scale. Such regulations shall also provide that the division of
23 parole or the division of probation and correctional alternatives, as
24 applicable, consider any additional test or indicia that demonstrates
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09450-01-7
A. 5026 2
1 the inability of the sex offender to pay such fees. Employees of the
2 division of parole or the division of probation and correctional alter-
3 natives shall be prohibited from collecting electronic monitoring
4 related fees.
5 4. Any sex offender required to be electronically monitored pursuant
6 to the provisions of this section who violates such requirement shall be
7 guilty of a class E felony upon conviction for the first offense, and
8 upon conviction for a second or subsequent offense shall be guilty of a
9 class D felony. Any such violation may also be the basis for revocation
10 of parole pursuant to section two hundred fifty-nine-i of the executive
11 law or the basis for revocation of probation pursuant to article four
12 hundred ten of the criminal procedure law.
13 § 2. Severability. If any clause, sentence, paragraph, section or part
14 of this act shall be adjudged by any court of competent jurisdiction to
15 be invalid, such judgment shall not affect, impair or invalidate the
16 remainder thereof, but shall be confined in its operation to the clause,
17 sentence, paragraph, section or part thereof directly involved in the
18 controversy in which such judgment shall have been rendered.
19 § 3. This act shall take effect on the one hundred twentieth day after
20 it shall have become a law. Provided that any rules and regulations
21 necessary to implement the provisions of this act on its effective date
22 are authorized and directed to be promulgated on or before such effec-
23 tive date.
