A05071 Summary:

BILL NOA05071
 
SAME ASNo Same As
 
SPONSORJean-Pierre
 
COSPNSR
 
MLTSPNSR
 
Amd 168-f & 203, Cor L; amd 243, Exec L; amd 10.11, Ment Hyg L; amd 65.10, Pen L; amd 20, Soc Serv L
 
Relates to the residence of a sex offender near a school and the victim of such offender.
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A05071 Actions:

BILL NOA05071
 
02/07/2019referred to correction
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A05071 Committee Votes:

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A05071 Floor Votes:

There are no votes for this bill in this legislative session.
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A05071 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5071
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 7, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  JEAN-PIERRE -- 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, and the social services 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 two new subdi-
     3  visions 4-a and 4-b are 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.
                                                                   LBD09042-01-9

        A. 5071                             2
 
     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    4-b.  A sex offender required to register under this article shall not
     6  reside within a quarter mile from  the  workplace  and  residence  of  a
     7  victim  of  such sex offender and, if such sex offender caused the death
     8  of a victim, the sex offender shall not reside  within  a  quarter  mile
     9  from  the  prior residence of the deceased victim, if the spouse, child,
    10  step child, sibling, parent, grandparent or  grandchild  of  the  victim
    11  continues to reside at such residence.
    12    §  2.  Section  203  of  the correction law is amended by adding a new
    13  subdivision 3 to read as follows:
    14    3. Such guidelines and procedures promulgated by the  commissioner  in
    15  accordance  with  subdivision  one  of  this  section shall prohibit the
    16  placement of sex offenders designated level three, where the  victim  of
    17  their offense was under the age of eighteen at the time of such offense,
    18  from residing within the area defined as school grounds, as such term is
    19  defined  in subdivision fourteen of section 220.00 of the penal law, the
    20  measurements to be taken in straight lines from the center of the  near-
    21  est  entrance  of  the  residence  to  the  real  property boundary line
    22  comprising such school grounds.
    23    Such guidelines and procedures shall also prohibit  the  placement  of
    24  sex offenders designated as level two or level three from residing with-
    25  in  a  quarter mile from the workplace and residence of a victim of such
    26  offender and, if such offender caused the death of a victim, the  offen-
    27  der  shall  not be placed within a quarter mile from the prior residence
    28  of the deceased victim, if  the  spouse,  child,  step  child,  sibling,
    29  parent,  grandparent  or grandchild of the victim continues to reside at
    30  such residence.
    31    § 3. Subdivision 4 of section 243 of the executive law,  as  added  by
    32  chapter  568 of the laws of 2008 and the opening paragraph as amended by
    33  section 17 of part A of chapter 56 of the laws of 2010,  is  amended  to
    34  read as follows:
    35    4.  The  office  shall  recommend  to the commissioner rules and regu-
    36  lations which shall include guidelines and procedures on  the  placement
    37  of sex offenders designated as level two or level three offenders pursu-
    38  ant  to  article  six-C of the correction law, provided that such recom-
    39  mended rules and regulations shall  prohibit  the  placement  of  a  sex
    40  offender designated as a level three offender within the area defined as
    41  school  grounds,  as  such  term  is  defined in subdivision fourteen of
    42  section 220.00 of the  penal  law,  the  measurements  to  be  taken  in
    43  straight  lines from the center of the nearest entrance of the residence
    44  to the real property boundary line comprising such school grounds.
    45    Such recommended rules and regulations shall also prohibit the  place-
    46  ment  of a sex offender designated as a level two or three from residing
    47  within a quarter mile from the workplace and residence of  a  victim  of
    48  such  offender  and,  if such offender caused the death of a victim, the
    49  offender shall not be placed within a quarter mile from the prior  resi-
    50  dence of the deceased victim, if the spouse, child, step child, sibling,
    51  parent,  grandparent  or grandchild of the victim continues to reside at
    52  such residence. Such regulations shall instruct local probation  depart-
    53  ments  to  consider certain factors when investigating and approving the
    54  residence of level two or level three sex offenders sentenced to a peri-
    55  od of probation. Such factors shall include the following:

        A. 5071                             3
 
     1    (a) the location of other sex offenders required to register under the
     2  sex offender registration act, specifically whether there is  a  concen-
     3  tration  of  registered  sex  offenders in a certain residential area or
     4  municipality;
     5    (b)  the  number  of registered sex offenders residing at a particular
     6  property;
     7    (c) the proximity of entities with vulnerable populations;
     8    (d) accessibility to  family  members,  friends  or  other  supportive
     9  services,  including  but  not limited to locally available sex offender
    10  treatment programs with preference for  placement  of  such  individuals
    11  into  programs  that  have  demonstrated  effectiveness  in reducing sex
    12  offender recidivism and increasing public safety; and
    13    (e) the availability of permanent, stable housing in order  to  reduce
    14  the likelihood that such offenders will be transient.
    15    §  4.  Subdivision  (a) of section 10.11 of the mental hygiene law, as
    16  added by chapter 7 of the laws of 2007, paragraphs 1 and 2 as amended by
    17  section 118-e of subpart B of part C of chapter 62 of the laws of  2011,
    18  is amended to read as follows:
    19    (a) (1) Before ordering the release of a person to a regimen of strict
    20  and  intensive  supervision  and treatment pursuant to this article, the
    21  court shall order that  the  department  of  corrections  and  community
    22  supervision  recommend  supervision  requirements  to  the  court. These
    23  supervision requirements, which shall be developed in consultation  with
    24  the  commissioner,  shall  include  a prohibition against a sex offender
    25  designated as a level three offender residing 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, and
    30  shall include a prohibition against a sex offender from residing  within
    31  a  quarter mile from the workplace and residence of a victim of such sex
    32  offender and, if such sex offender caused the death of a victim, the sex
    33  offender shall not reside within a quarter mile from the prior residence
    34  of the deceased victim, if  the  spouse,  child,  step  child,  sibling,
    35  parent,  grandparent  or grandchild of the victim continues to reside at
    36  such residence and may include but need not be  limited  to,  electronic
    37  monitoring  or  global positioning satellite tracking for an appropriate
    38  period of time, polygraph monitoring, specification of residence or type
    39  or residence, prohibition of contact with identified past  or  potential
    40  victims,  strict  and intensive supervision by a parole officer, and any
    41  other lawful and necessary conditions that may be imposed by a court. In
    42  addition, after consultation  with  the  psychiatrist,  psychologist  or
    43  other  professional  primarily treating the respondent, the commissioner
    44  shall recommend a specific course of treatment. A  copy  of  the  recom-
    45  mended  requirements for supervision and treatment shall be given to the
    46  attorney general and the respondent and his or her counsel a  reasonable
    47  time before the court issues its written order pursuant to this section.
    48    (2)  Before  issuing  its  written  order,  the court shall afford the
    49  parties an opportunity to be heard, and shall  consider  any  additional
    50  submissions  by  the  respondent and the attorney general concerning the
    51  proposed conditions of the regimen of strict and  intensive  supervision
    52  and  treatment. The court shall issue an order specifying the conditions
    53  of the regimen of strict and intensive supervision and treatment,  which
    54  shall include a prohibition against a sex offender designated as a level
    55  three  offender  residing  within the area defined as school grounds, as
    56  such term is defined in subdivision fourteen of section  220.00  of  the

        A. 5071                             4
 
     1  penal  law,  the  measurements  to  be  taken in straight lines from the
     2  center of the nearest entrance of the residence  to  the  real  property
     3  boundary  line  comprising  such school grounds, a prohibition against a
     4  sex  offender from residing within a quarter mile from the workplace and
     5  residence of a victim of such sex offender and,  if  such  sex  offender
     6  caused the death of a victim, the sex offender shall not reside within a
     7  quarter  mile  from  the  prior residence of the deceased victim, if the
     8  spouse, child, step child, sibling, parent, grandparent or grandchild of
     9  the victim continues to reside at such residence, specified  supervision
    10  requirements  and  compliance  with  a  specified course of treatment. A
    11  written statement of the conditions of the regimen of strict and  inten-
    12  sive  supervision  and treatment shall be given to the respondent and to
    13  his or her counsel, any designated service providers or treating profes-
    14  sionals, the commissioner, the  attorney  general  and  the  supervising
    15  parole  officer.  The  court shall require the department of corrections
    16  and community supervision to take appropriate actions to  implement  the
    17  supervision  plan and assure compliance with the conditions of the regi-
    18  men of strict and intensive supervision and treatment and to investigate
    19  and approve the location of the  respondent's  residence  and  place  of
    20  employment.  A regimen of strict and intensive supervision does not toll
    21  the  running of any form of supervision in criminal cases, including but
    22  not limited to post-release supervision and parole.
    23    § 5. Paragraph (a) of subdivision 4-a of section 65.10  of  the  penal
    24  law,  as  amended  by chapter 67 of the laws of 2008, is amended and two
    25  new paragraphs (a-1) and (a-2) are added to read as follows:
    26    (a) When imposing a sentence of  probation  or  conditional  discharge
    27  upon  a  person  convicted  of an offense defined in article one hundred
    28  thirty, two hundred thirty-five or two hundred sixty-three of this chap-
    29  ter, or section 255.25, 255.26 or 255.27 of this chapter, and the victim
    30  of such offense was under the age  of  eighteen  at  the  time  of  such
    31  offense  or  such  person has been designated a level three sex offender
    32  pursuant to subdivision six of section [168-l] one hundred sixty-eight-l
    33  of the correction law, the court shall require, as a mandatory condition
    34  of such sentence, that such sentenced offender shall refrain from  know-
    35  ingly  entering into or upon any school grounds, as that term is defined
    36  in subdivision fourteen of section 220.00 of this chapter, or any  other
    37  facility  or  institution  primarily  used  for the care or treatment of
    38  persons under the age of eighteen while one  or  more  of  such  persons
    39  under  the age of eighteen are present, provided however, that when such
    40  sentenced offender is a registered student or participant or an employee
    41  of such facility or institution or entity contracting therewith or has a
    42  family member enrolled in such facility or institution,  such  sentenced
    43  offender  may,  with  the  written authorization of his or her probation
    44  officer or the court and the superintendent or  chief  administrator  of
    45  such  facility, institution or grounds, enter such facility, institution
    46  or upon  such  grounds  for  the  limited  purposes  authorized  by  the
    47  probation  officer  or  the  court  and superintendent or chief officer.
    48  Nothing in this subdivision shall be construed as restricting any lawful
    49  condition of supervision that may be imposed on such sentenced offender.
    50    (a-1) When imposing a sentence of probation or  conditional  discharge
    51  upon a person designated a level three sex offender, where the victim of
    52  their offense was under the age of eighteen at the time of such offense,
    53  the court shall require, as a mandatory condition of such sentence, that
    54  such  sentenced  offender  shall  not  reside within the area defined as
    55  school grounds, as such term  is  defined  in  subdivision  fourteen  of
    56  section 220.00 of this chapter, the measurements to be taken in straight

        A. 5071                             5
 
     1  lines  from  the  center of the nearest entrance of the residence to the
     2  real property boundary line comprising such school grounds.
     3    (a-2)  When  imposing a sentence of probation or conditional discharge
     4  upon a person convicted of a sex offense under article one hundred thir-
     5  ty of this chapter, the court shall require, as mandatory conditions  of
     6  such  sentence, that such sentenced offender be prohibited from residing
     7  within a quarter mile from the workplace and residence of  a  victim  or
     8  victims  of  such  sentenced  offender  and,  if such sentenced offender
     9  caused the death of a victim the sentenced  offender  shall  not  reside
    10  within  a  quarter mile from the prior residence of the deceased victim,
    11  if the spouse, child, step child, sibling, parent, grandparent or grand-
    12  child of the victim continues to reside at such residence.
    13    § 6. Subdivision 8 of section  20  of  the  social  services  law,  as
    14  amended  by section 150 of subpart B of part C of chapter 62 of the laws
    15  of 2011, is amended to read as follows:
    16    8. (a) The office of temporary and disability assistance shall promul-
    17  gate rules and regulations for the administration of  this  subdivision.
    18  The  rules  and regulations shall provide for the conditions under which
    19  local social services officials determine the  placement  of  applicants
    20  for  and  recipients  of public assistance for whom a notice pursuant to
    21  section two hundred three of the correction law, has been  received  and
    22  who are:
    23    (i) determined to be in immediate need of shelter; and
    24    (ii)  designated  a  level two or level three sex offender pursuant to
    25  article six-C of the correction law.
    26    (b) When making determinations in regard  to  the  placement  of  such
    27  individuals  in shelter, local social services officials shall not place
    28  a level three offender within an area defined as school grounds, as such
    29  term is defined in subdivision fourteen of section 220.00 of  the  penal
    30  law,  the  measurements to be taken in straight lines from the center of
    31  the nearest entrance of the residence to the real property boundary line
    32  comprising such school grounds, and shall not place any offender  within
    33  a  quarter  mile from the workplace and residence of a victim or victims
    34  of such offender and, if such offender caused the death of a victim  the
    35  offender  shall not be placed within a quarter mile from the prior resi-
    36  dence of the deceased victim, if the spouse, child, step child, sibling,
    37  parent, grandparent or grandchild of the victim continues to  reside  at
    38  such residence and shall consider the following factors:
    39    (i)  the location of other sex offenders required to register pursuant
    40  to the sex offender registration act, specifically whether  there  is  a
    41  concentration  of registered sex offenders in a certain residential area
    42  or municipality;
    43    (ii) the number of registered sex offenders residing at  a  particular
    44  property;
    45    (iii) proximity of the entities with vulnerable populations;
    46    (iv)  accessibility  to  family  members,  friends or other supportive
    47  services, including but not limited to locally  available  sex  offender
    48  treatment  programs  with  preference  for placement of such individuals
    49  into programs that  have  demonstrated  effectiveness  in  reducing  sex
    50  offender recidivism and increasing public safety; and
    51    (v)  investigation and approval of such placement by the department of
    52  corrections and community supervision.
    53    § 7.  Local and/or state law enforcement agencies  or  their  designee
    54  may  monitor  and verify sex offender registration compliance, and coun-
    55  ties may enact, by local law or resolution, requirements for sex  offen-
    56  ders  to provide information to law enforcement agencies or their desig-

        A. 5071                             6
 
     1  nee, to verify their home  and  employment  addresses  which  have  been
     2  registered  pursuant  to the provisions of the sex offender registration
     3  act.
     4    § 8. This act shall take effect on the first of November next succeed-
     5  ing the date on which it shall have become a law.
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