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STATE OF NEW YORK
________________________________________________________________________

2087--B

2011-2012 Regular Sessions

IN ASSEMBLY

January 13, 2011
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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 -- again reported from
  said committee with  amendments,  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:

  Section 1. The correction law is amended by adding a new section  168-
ll to read as follows:
  S  168-LL.  GUIDELINES  FOR LOCATION FOR LEVEL TWO AND LEVEL THREE SEX
OFFENDERS. THE DIVISION, IN CONSULTATION AND COOPERATION WITH THE  BOARD
OF  EXAMINERS OF SEX OFFENDERS, DIVISION OF PAROLE, DEPARTMENT OF MENTAL
HYGIENE, AND LOCAL PROBATION  DEPARTMENTS  THROUGHOUT  THE  STATE  SHALL
DEVELOP  GUIDELINES  AND  PROCEDURES  ON  THE PLACEMENT, LOCATION, RELO-
CATION, OR SETTLEMENT OF LEVEL TWO AND LEVEL THREE SEX OFFENDERS  WITHIN
THE  COMMUNITY.  SUCH GUIDELINES AND PROCEDURES SHALL BE BASED UPON, BUT
NOT LIMITED TO, THE FOLLOWING:
  1. THAT MUNICIPALITIES BE ALLOWED TO REJECT  THE  PLACEMENT  OF  ADDI-
TIONAL  LEVEL  TWO  AND  LEVEL THREE SEX OFFENDERS IN SUCH MUNICIPALITY.
FACTORS TO BE CONSIDERED IN DETERMINING  WHETHER  A  MUNICIPALITY  SHALL
ACCEPT ANY MORE SUCH INDIVIDUALS SHALL INCLUDE:
  (A)  THAT  SUCH  INDIVIDUALS  ARE NOT CURRENTLY OVERLY CONCENTRATED IN
RESIDENTIAL AREAS OF ONE MUNICIPALITY OR PORTION OF A MUNICIPALITY;
  (B) ALL EFFORTS ARE BEING MADE TO LOCATE  SUCH  INDIVIDUALS  IN  AREAS
THAT HAVE ADEQUATE SUPPORT SERVICES TO MINIMIZE THE RISK OF RE-OFFENSE;
  (C) THAT FAMILY AND FRIENDS ARE LOCATED REASONABLY CLOSE TO SUCH INDI-
VIDUALS  TO  PROVIDE FINANCIAL, PSYCHOLOGICAL, SOCIAL, AND MORAL SUPPORT
TO SUCH INDIVIDUALS IN ORDER TO MINIMIZE THE RISK OF RE-OFFENSE; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03798-04-1
A. 2087--B                          2

  (D) MEASURES ARE TAKEN TO ENSURE THAT SUCH INDIVIDUALS ARE  PLACED  IN
COMMUNITIES  THAT  CAN  PHYSICALLY ACCOMMODATE SUCH INDIVIDUALS AND THAT
SUCH INDIVIDUALS ARE NOT LOCATED NEAR RE-OFFENSE RISK  CENTERS,  INCLUD-
ING,  BUT NOT LIMITED TO, SCHOOLS, DAY CARE CENTERS, PLAYGROUNDS, OR ANY
OTHER  FACILITY  OR  AREA  THAT  ATTRACTS  CHILDREN OR IN WHICH CHILDREN
CONGREGATE;
  2. THAT MUNICIPALITIES SHALL BE PERMITTED TO ALLOW OR REJECT A  SECURE
COMMUNITY  RESIDENCE  FOR LEVEL TWO AND LEVEL THREE SEX OFFENDERS WITHIN
SUCH MUNICIPALITY; AND
  3. THAT MUNICIPALITIES SHALL BE ALLOWED  TO  RESTRICT  THE  NUMBER  OF
LEVEL  TWO  AND  LEVEL  THREE  SEX OFFENDERS AT A RESIDENCE, UNLESS SUCH
PERSONS ARE LEGALLY RELATED BY  BLOOD,  MARRIAGE  OR  ADOPTION,  IN  THE
FOLLOWING MANNER:
  (A)  IN  A  MULTIFAMILY DWELLING, MAY RESTRICT THE NUMBER OF LEVEL TWO
AND LEVEL THREE SEX OFFENDERS TO LESS THAN TEN PERCENT OF THE NUMBER  OF
DWELLING  UNITS  THAT  ARE CONTAINED IN THE MULTIFAMILY DWELLING AND MAY
RESTRICT THE NUMBER OF LEVEL TWO AND LEVEL  THREE  SEX  OFFENDERS  IN  A
MULTIFAMILY DWELLING UNIT TO ONE; AND
  (B)  IN  ANY  SINGLE FAMILY DWELLING, MAY RESTRICT THE NUMBER OF LEVEL
TWO AND LEVEL THREE SEX OFFENDERS RESIDING THEREIN TO ONE;
  (C) FOR THE PURPOSES OF THIS SECTION:
  (1) "MULTIFAMILY DWELLING" MEANS A  BUILDING  OR  BUILDINGS  THAT  ARE
LOCATED  IN  AN AREA ZONED RESIDENTIAL, THAT ARE ATTACHED TO EACH OTHER,
THAT CONTAIN TWO OR MORE DWELLING UNITS, INCLUDING TRIPLEXES, FOURPLEXES
AND APARTMENTS, AND THAT HAVE AS THEIR PRIMARY ACCESS A  COMMON  HALLWAY
OR CORRIDOR.
  (2)  "MULTIFAMILY  DWELLING  UNIT"  MEANS  ONE  OR MORE ROOMS WITHIN A
BUILDING THAT ARE ARRANGED, DESIGNED OR USED  FOR  RESIDENTIAL  PURPOSES
AND THAT CONTAIN INDEPENDENT SANITARY AND COOKING FACILITIES.
  S 2. This act shall take effect immediately.