S T A T E O F N E W Y O R K
________________________________________________________________________
2087--A
2011-2012 Regular Sessions
I N A S S E M B L Y
January 13, 2011
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Correction -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the correction law, in relation to restricting the resi-
dency 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. The correction law is amended by adding a new section 168-
2 ll to read as follows:
3 S 168-LL. GUIDELINES FOR LOCATION FOR LEVEL TWO AND LEVEL THREE SEX
4 OFFENDERS. THE DIVISION, IN CONSULTATION AND COOPERATION WITH THE BOARD
5 OF EXAMINERS OF SEX OFFENDERS, DIVISION OF PAROLE, DEPARTMENT OF MENTAL
6 HYGIENE, AND LOCAL PROBATION DEPARTMENTS THROUGHOUT THE STATE SHALL
7 DEVELOP GUIDELINES AND PROCEDURES ON THE PLACEMENT, LOCATION, RELO-
8 CATION, OR SETTLEMENT OF LEVEL TWO AND LEVEL THREE SEX OFFENDERS WITHIN
9 THE COMMUNITY. SUCH GUIDELINES AND PROCEDURES SHALL BE BASED UPON, BUT
10 NOT LIMITED TO, THE FOLLOWING:
11 1. THAT MUNICIPALITIES BE ALLOWED TO REJECT THE PLACEMENT OF ADDI-
12 TIONAL LEVEL TWO AND LEVEL THREE SEX OFFENDERS IN SUCH MUNICIPALITY.
13 FACTORS TO BE CONSIDERED IN DETERMINING WHETHER A MUNICIPALITY SHALL
14 ACCEPT ANY MORE SUCH INDIVIDUALS SHALL INCLUDE:
15 (A) THAT SUCH INDIVIDUALS ARE NOT CURRENTLY OVERLY CONCENTRATED IN
16 RESIDENTIAL AREAS OF ONE MUNICIPALITY OR PORTION OF A MUNICIPALITY;
17 (B) ALL EFFORTS ARE BEING MADE TO LOCATE SUCH INDIVIDUALS IN AREAS
18 THAT HAVE ADEQUATE SUPPORT SERVICES TO MINIMIZE THE RISK OF RE-OFFENSE;
19 (C) THAT FAMILY AND FRIENDS ARE LOCATED REASONABLY CLOSE TO SUCH INDI-
20 VIDUALS TO PROVIDE FINANCIAL, PSYCHOLOGICAL, SOCIAL, AND MORAL SUPPORT
21 TO SUCH INDIVIDUALS IN ORDER TO MINIMIZE THE RISK OF RE-OFFENSE; AND
22 (D) MEASURES ARE TAKEN TO ENSURE THAT SUCH INDIVIDUALS ARE PLACED IN
23 COMMUNITIES THAT CAN PHYSICALLY ACCOMMODATE SUCH INDIVIDUALS AND THAT
24 SUCH INDIVIDUALS ARE NOT LOCATED NEAR RE-OFFENSE RISK CENTERS, INCLUD-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03798-02-1
A. 2087--A 2
1 ING, BUT NOT LIMITED TO, SCHOOLS, DAY CARE CENTERS, PLAYGROUNDS, OR ANY
2 OTHER FACILITY OR AREA THAT ATTRACTS CHILDREN OR IN WHICH CHILDREN
3 CONGREGATE;
4 2. THAT MUNICIPALITIES SHALL BE PERMITTED TO ALLOW OR REJECT A SECURE
5 COMMUNITY RESIDENCE FOR LEVEL TWO AND LEVEL ONE SEX OFFENDERS WITHIN
6 SUCH MUNICIPALITY; AND
7 3. THAT MUNICIPALITIES SHALL BE ALLOWED TO RESTRICT THE NUMBER OF
8 LEVEL TWO AND LEVEL ONE SEX OFFENDERS AT A RESIDENCE, UNLESS SUCH
9 PERSONS ARE LEGALLY RELATED BY BLOOD, MARRIAGE OR ADOPTION, IN THE
10 FOLLOWING MANNER:
11 (A) IN A MULTIFAMILY DWELLING, MAY RESTRICT THE NUMBER OF LEVEL TWO
12 AND LEVEL ONE SEX OFFENDERS TO LESS THAN TEN PERCENT OF THE NUMBER OF
13 DWELLING UNITS THAT ARE CONTAINED IN THE MULTIFAMILY DWELLING AND MAY
14 RESTRICT THE NUMBER OF LEVEL TWO AND LEVEL ONE SEX OFFENDERS IN A MULTI-
15 FAMILY DWELLING UNIT TO ONE; AND
16 (B) IN ANY SINGLE FAMILY DWELLING, MAY RESTRICT THE NUMBER OF LEVEL
17 TWO AND LEVEL ONE SEX OFFENDERS RESIDING THEREIN TO ONE;
18 (C) FOR THE PURPOSES OF THIS SECTION:
19 (1) "MULTIFAMILY DWELLING" MEANS A BUILDING OR BUILDINGS THAT ARE
20 LOCATED IN AN AREA ZONED RESIDENTIAL, THAT ARE ATTACHED TO EACH OTHER,
21 THAT CONTAIN TWO OR MORE DWELLING UNITS, INCLUDING TRIPLEXES, FOURPLEXES
22 AND APARTMENTS, AND THAT HAVE AS THEIR PRIMARY ACCESS A COMMON HALLWAY
23 OR CORRIDOR.
24 (2) "MULTIFAMILY DWELLING UNIT" MEANS ONE OR MORE ROOMS WITHIN A
25 BUILDING THAT ARE ARRANGED, DESIGNED OR USED FOR RESIDENTIAL PURPOSES
26 AND THAT CONTAIN INDEPENDENT SANITARY AND COOKING FACILITIES.
27 S 2. This act shall take effect immediately.