STATE OF NEW YORK
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5570
2019-2020 Regular Sessions
IN SENATE
May 7, 2019
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Introduced by Sen. MARTINEZ -- 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 executive law, in relation to prohibiting individ-
uals designated as level three sex offenders from being paroled to
residences that are within one thousand feet from a school
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 14 of section 259-c of the executive law, as
2 amended by section 38-b of subpart A of part C of chapter 62 of the laws
3 of 2011, is amended to read as follows:
4 14. notwithstanding any other provision of law to the contrary, where
5 a person serving a sentence for an offense defined in article one
6 hundred thirty, one hundred thirty-five or two hundred sixty-three of
7 the penal law or section 255.25, 255.26 or 255.27 of the penal law and
8 the victim of such offense was under the age of eighteen at the time of
9 such offense or [such] where a person has been designated a level three
10 sex offender pursuant to subdivision six of section one hundred sixty-
11 eight-l of the correction law, is released on parole or conditionally
12 released pursuant to subdivision one or two of this section, the board
13 shall require, as a mandatory condition of such release, that such
14 sentenced offender shall refrain from knowingly entering into or upon
15 any school grounds, as that term is defined in subdivision fourteen of
16 section 220.00 of the penal law, or any other facility or institution
17 primarily used for the care or treatment of persons under the age of
18 eighteen while one or more of such persons under the age of eighteen are
19 present, provided however, that when such sentenced offender is a regis-
20 tered student or participant or an employee of such facility or institu-
21 tion or entity contracting therewith or has a family member enrolled in
22 such facility or institution, such sentenced offender may, with the
23 written authorization of his or her parole officer and the superinten-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11132-01-9
S. 5570 2
1 dent or chief administrator of such facility, institution or grounds,
2 enter such facility, institution or upon such grounds for the limited
3 purposes authorized by the parole officer and superintendent or chief
4 officer. Nothing in this subdivision shall be construed as restricting
5 any lawful condition of supervision that may be imposed on such
6 sentenced offender.
7 § 2. This act shall take effect immediately.
