Actions

Meetings

Crime Victims, Crime and Correction: Mar 8, 2011, Crime Victims, Crime and Correction: Mar 7, 2012

Calendars

Active List: Mar 14, 2012 , Active List: Apr 5, 2011 , Floor Calendar: Mar 9, 2011 , Floor Calendar: Mar 10, 2011 , Floor Calendar: Mar 12, 2012 , Floor Calendar: Mar 13, 2012 , Floor Calendar: Mar 14, 2011 , Floor Calendar: Mar 14, 2012 , Floor Calendar: Mar 15, 2011 , Floor Calendar: Mar 16, 2011 , Floor Calendar: Mar 21, 2011 , Floor Calendar: Mar 22, 2011 , Floor Calendar: Mar 23, 2011 , Floor Calendar: Mar 24, 2011 , Floor Calendar: Mar 28, 2011 , Floor Calendar: Mar 29, 2011 , Floor Calendar: Mar 30, 2011 , Floor Calendar: Mar 31, 2011 , Floor Calendar: Apr 4, 2011 , Floor Calendar: Apr 5, 2011

Votes

Memo

BILL NUMBER:S1418

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

FISCAL IMPLICATIONS:

 None.

EFFECTIVE DATE: This act shall take effect immediately.

Text

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