Prohibits permissible employment, and volunteer activities that may be preformed by convicted sex offenders; specifically, prohibits a sex offender to have unsupervised access to residential living quarters.
Ayes (10): Nozzolio, DeFrancisco, Gallivan, Griffo, Little, Maziarz, Ranzenhofer, Ritchie, Kennedy, Peralta
Ayes W/R (2): Montgomery, Kruger
Nays (2): Rivera, Hassell-Thompson
Ayes (54): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Oppenheimer, Peralta, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (4): Hassell-Thomps, Montgomery, Parker, Perkins
Excused (4): Flanagan, Huntley, Rivera, Squadron
Ayes (11): Nozzolio, DeFrancisco, Gallivan, Griffo, Little, Maziarz, Ranzenhofer, Ritchie, Kennedy, Peralta, Espaillat
Nays (3): Rivera, Hassell-Thompson, Montgomery
Ayes (54): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gianaris, Golden, Griffo, Grisanti, Hannon, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Parker, Peralta, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (5): Hassell-Thomps, Huntley, Montgomery, Perkins, Rivera
Excused (2): Gallivan, Oppenheimer
TITLE OF BILL: An act to amend the correction law, in relation to permissible employment, employment related activities, and volunteer activities that may be performed by convicted sex offenders
PURPOSE: This bill amends certain sections of the correction law with respect to the employment of convicted sex offenders.
SUMMARY OF PROVISIONS: Section 1 amends the Correction Law by prohibiting convicted sex offenders from working or volunteering at any facility where such employment would allow the offender unsupervised access to residential living quarters. Section 2 establishes an immediate effective date.
JUSTIFICATION: The enactment of the Sex Offender Registration Act (SORA) (Correction Law Article 6-C) in 1996 established a system within which to protect our communities by requiring sex offenders to register with the State, and to make public information about offenders living in our neighborhoods. Armed with this information, our communities are able to shield the most vulnerable of citizens. While current law provides comprehensive residential prohibitions, it lacks similar employment restrictions. The law goes to great lengths to restrict convicted sex offenders from living in our neighborhoods, yet allows convicted offenders to work in our homes without our knowledge or supervision.
This loophole was recently highlighted in the news when it was discovered that a Level-3 sex offender was employed as a superintendent in a residential building in Manhattan. Employment as a building superintendent allowed this convicted offender to possess keys to individual apartments. Permitting convicted sex offenders such unsupervised access is dangerous, and counter-intuitive. Most shocking about this unfettered access to residences, is that the existing law does not prohibit convicted sex offenders from obtaining such employment.
Amending Section 168-v of the Correction Law expands and enhances the protections established by the Sex Offender Registration Act. This amendment is not intended to bar one's ability to secure a livelihood, but to exclude from permissible employment those positions in which convicted sex offenders have unsupervised access to residences. Requiring direct supervision of any convicted sex offender employee, or volunteer, who has access to residential living quarters is not only prudent, but necessary to protect our most vulnerable citizens.
LEGISLATIVE HISTORY: 2010: S.6857 - Crime Victims, Crime and Correction
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 1418 2011-2012 Regular Sessions IN SENATE January 7, 2011 ___________Introduced by Sen. SALAND -- 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, in relation to permissible employ- ment, employment related activities, and volunteer activities that may be performed by convicted sex offenders THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 168-v of the correction law, as amended by chapter 604 of the laws of 2005, is amended to read as follows: S 168-v. Prohibition of CERTAIN TYPES OF employment
[on motor vehicles engaged in retail sales of frozen desserts]AND EMPLOYMENT RELATED ACTIVITIES. No person required to maintain registration under this arti- cle (sex offender registration act) shall: (I) operate, be employed on or dispense goods for sale at retail on a motor vehicle engaged in retail sales of frozen desserts as defined in subdivision thirty-seven of section three hundred seventy-five of the vehicle and traffic law; OR (II) BE PERMITTED TO WORK AT OR VOLUNTEER AT ANY FACILITY WHEREBY THE NATURE OF THE WORK WOULD PERMIT SUCH PERSON TO HAVE UNSUPERVISED ACCESS TO RESIDENTIAL LIVING QUARTERS INCLUDING, BUT NOT LIMITED TO WORK AS A RESIDENTIAL BUILDING SUPERINTENDENT, MANAGER, OR MAINTENANCE WORKER, OR A HOME HEALTH AIDE, OR IN AN ASSISTED LIVING FACILITY. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05616-01-1