Relates to sex offender's notice of residency requirements; provides that no sex offender shall reside in a residence within 1000 feet of any school building regularly used for instructional purposes, a building in which child day care is provided or a park.
STATE OF NEW YORK
________________________________________________________________________
1647
2017-2018 Regular Sessions
IN SENATE
January 10, 2017
___________
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Crime Victims, Crime and
Correction
AN ACT to amend the correction law, the executive law and the penal law,
in relation to sex offender's notice of residency requirements
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 168-b of the correction law is amended by adding a
2 new subdivision 13 to read as follows:
3 13. The division, when acknowledging initial registration and there-
4 after in annual correspondence, shall advise each sex offender to whom
5 the residency restriction in section two hundred fifty-nine-c of the
6 executive law or section 65.10 of the penal law applies, concerning the
7 terms and specific duration of such restriction.
8 § 2. Subdivision 14 of section 259-c of the executive law, as amended
9 by section 38-b of subpart A of part C of chapter 62 of the laws of
10 2011, is amended to read as follows:
11 14. notwithstanding any other provision of law to the contrary, where
12 a person serving a sentence for an offense defined in article one
13 hundred thirty, one hundred thirty-five or two hundred sixty-three of
14 the penal law or section 255.25, 255.26 or 255.27 of the penal law and
15 the victim of such offense was under the age of eighteen at the time of
16 such offense or such person has been designated a level three sex offen-
17 der pursuant to subdivision six of section one hundred sixty-eight-l of
18 the correction law, is released on parole or conditionally released
19 pursuant to subdivision one or two of this section, the board shall
20 require, as a mandatory condition of such release, that such sentenced
21 offender shall refrain from knowingly entering into or upon any school
22 grounds, as that term is defined in subdivision fourteen of section
23 220.00 of the penal law, or any other facility or institution primarily
24 used for the care or treatment of persons under the age of eighteen
25 while one or more of such persons under the age of eighteen are present,
26 or within one thousand feet of a park or building in which child day
27 care is provided, provided however, that when such sentenced offender is
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01959-01-7
S. 1647 2
1 a registered student or participant or an employee of such facility or
2 institution or entity contracting therewith or has a family member
3 enrolled in such facility or institution, such sentenced offender may,
4 with the written authorization of his or her parole officer and the
5 superintendent or chief administrator of such facility, institution or
6 grounds, enter such facility, institution or upon such grounds for the
7 limited purposes authorized by the parole officer and superintendent or
8 chief officer. Nothing in this subdivision shall be construed as
9 restricting any lawful condition of supervision that may be imposed on
10 such sentenced offender.
11 § 3. Section 259-c of the executive law is amended by adding a new
12 subdivision 18 to read as follows:
13 18. when the provisions of subdivision fourteen of this section apply
14 concerning certain restrictions on residence, the board shall notify the
15 person released of the restriction in writing and direct the supervising
16 parole officer to notify such person of such restriction orally and in
17 writing.
18 § 4. Paragraph (a) of subdivision 4-a of section 65.10 of the penal
19 law, as amended by chapter 67 of the laws of 2008, is amended to read as
20 follows:
21 (a) When imposing a sentence of probation or conditional discharge
22 upon a person convicted of an offense defined in article one hundred
23 thirty, two hundred thirty-five or two hundred sixty-three of this chap-
24 ter, or section 255.25, 255.26 or 255.27 of this chapter, and the victim
25 of such offense was under the age of eighteen at the time of such
26 offense or such person has been designated a level three sex offender
27 pursuant to subdivision six of section 168-l of the correction law, the
28 court shall require, as a mandatory condition of such sentence, that
29 such sentenced offender shall refrain from knowingly entering into or
30 upon any school grounds, as that term is defined in subdivision fourteen
31 of section 220.00 of this chapter, or any other facility or institution
32 primarily used for the care or treatment of persons under the age of
33 eighteen while one or more of such persons under the age of eighteen are
34 present, or within one thousand feet of a park or building in which
35 child day care is provided, provided however, that when such sentenced
36 offender is a registered student or participant or an employee of such
37 facility or institution or entity contracting therewith or has a family
38 member enrolled in such facility or institution, such sentenced offender
39 may, with the written authorization of his or her probation officer or
40 the court and the superintendent or chief administrator of such facili-
41 ty, institution or grounds, enter such facility, institution or upon
42 such grounds for the limited purposes authorized by the probation offi-
43 cer or the court and superintendent or chief officer. Nothing in this
44 subdivision shall be construed as restricting any lawful condition of
45 supervision that may be imposed on such sentenced offender.
46 § 5. Section 65.10 of the penal law is amended by adding a new subdi-
47 vision 6 to read as follows:
48 6. Notice of residency requirements for sex offenders. When the
49 provisions of subdivision four-a of this section apply concerning
50 certain restrictions on residence, the court shall notify the defendant
51 of the restriction in writing and the supervising probation officer
52 shall notify the offender of the restriction orally and in writing.
53 § 6. This act shall take effect on the sixtieth day after it shall
54 have become a law.
