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STATE OF NEW YORK
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4723

2011-2012 Regular Sessions

IN ASSEMBLY

February 7, 2011
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Introduced  by  M.  of  A.  McDONOUGH  --  read once and referred to the
  Committee 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:

  Section 1. Section 168-w of the correction law, as relettered by chap-
ter 604 of the laws of 2005, is relettered 168-x and a new section 168-w
is added to read as follows:
  S 168-W. ELECTRONIC MONITORING OF CERTAIN SEX OFFENDERS.  1.  ANY  SEX
OFFENDER  HAVING BEEN ASSIGNED A LEVEL THREE RISK OR DESIGNATED A SEXUAL
PREDATOR, A SEXUALLY VIOLENT OFFENDER OR A PREDICATE SEX OFFENDER, WHOSE
CRIME WAS COMMITTED PRIOR TO, ON OR AFTER THE  EFFECTIVE  DATE  OF  THIS
SECTION SHALL BE PLACED ON ELECTRONIC MONITORING.
  2. THE DIVISION SHALL ESTABLISH A SYSTEM OF ACTIVE ELECTRONIC MONITOR-
ING  THAT IDENTIFIES THE LOCATION OF A SEX OFFENDER REQUIRED TO BE MONI-
TORED PURSUANT TO SUBDIVISION ONE OF THIS SECTION AND THAT CAN  PRODUCE,
UPON  REQUEST, REPORTS OR RECORDS OF THE SEX OFFENDER'S PRESENCE NEAR OR
WITHIN A CRIME SCENE OR PROHIBITED AREA OR THE SEX OFFENDER'S  DEPARTURE
FROM SPECIFIED GEOGRAPHIC LIMITATIONS.
  3.  THE  DIVISION  SHALL  ALSO PROMULGATE REGULATIONS IMPLEMENTING THE
IMPOSITION AND COLLECTION  OF  FEES  RELATED  TO  ELECTRONIC  MONITORING
PURSUANT  TO  THIS  SECTION. SUCH REGULATIONS SHALL UTILIZE A MEANS TEST
BASED ON TWO HUNDRED PERCENT OF THE FEDERAL POVERTY  GUIDELINES  PROMUL-
GATED  ANNUALLY  BY  THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN SERVICES
AND IF THE SEX OFFENDER FALLS BELOW SUCH PERCENTAGE THEN NO FEE SHALL BE
CHARGED, AND EARNINGS ABOVE SUCH PERCENTAGE SHALL  BE  CONSIDERED  ON  A
SLIDING  SCALE. SUCH REGULATIONS SHALL ALSO PROVIDE THAT THE DIVISION OF
PAROLE OR THE DIVISION OF PROBATION AND  CORRECTIONAL  ALTERNATIVES,  AS
APPLICABLE,  CONSIDER  ANY  ADDITIONAL TEST OR INDICIA THAT DEMONSTRATES
THE INABILITY OF THE SEX OFFENDER TO PAY SUCH FEES.   EMPLOYEES  OF  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09063-01-1
A. 4723                             2

DIVISION  OF PAROLE OR THE DIVISION OF PROBATION AND CORRECTIONAL ALTER-
NATIVES  SHALL  BE  PROHIBITED  FROM  COLLECTING  ELECTRONIC  MONITORING
RELATED FEES.
  4.  ANY  SEX OFFENDER REQUIRED TO BE ELECTRONICALLY MONITORED PURSUANT
TO THE PROVISIONS OF THIS SECTION WHO VIOLATES SUCH REQUIREMENT SHALL BE
GUILTY OF A CLASS E FELONY UPON CONVICTION FOR THE  FIRST  OFFENSE,  AND
UPON  CONVICTION FOR A SECOND OR SUBSEQUENT OFFENSE SHALL BE GUILTY OF A
CLASS D FELONY. ANY SUCH VIOLATION MAY ALSO BE THE BASIS FOR  REVOCATION
OF  PAROLE PURSUANT TO SECTION TWO HUNDRED FIFTY-NINE-I OF THE EXECUTIVE
LAW OR THE BASIS FOR REVOCATION OF PROBATION PURSUANT  TO  ARTICLE  FOUR
HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW.
  S 2. Severability. If any clause, sentence, paragraph, section or part
of  this act shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect,  impair  or  invalidate  the
remainder thereof, but shall be confined in its operation to the clause,
sentence,  paragraph,  section  or part thereof directly involved in the
controversy in which such judgment shall have been rendered.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Provided  that  any  rules  and  regulations
necessary  to implement the provisions of this act on its effective date
are authorized and directed to be promulgated on or before  such  effec-
tive date.