This bill has been amended

Bill S2490D-2009

Provides notice to municipal housing authorities whenever a sex offender is released to public housing

Provides notice to public housing authorities whenever a sex offender is released to public housing.

Details

Actions

  • May 20, 2010: returned to senate
  • May 20, 2010: RECALLED FROM ASSEMBLY
  • May 10, 2010: referred to correction
  • May 10, 2010: DELIVERED TO ASSEMBLY
  • May 10, 2010: PASSED SENATE
  • Apr 8, 2010: AMENDED ON THIRD READING 2490D
  • Feb 8, 2010: ADVANCED TO THIRD READING
  • Feb 2, 2010: 2ND REPORT CAL.
  • Feb 1, 2010: 1ST REPORT CAL.74
  • Jan 7, 2010: PRINT NUMBER 2490C
  • Jan 7, 2010: AMEND AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION
  • Jan 6, 2010: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • Jan 6, 2010: returned to senate
  • Jan 6, 2010: died in assembly
  • Jul 16, 2009: referred to correction
  • Jul 16, 2009: DELIVERED TO ASSEMBLY
  • Jul 16, 2009: PASSED SENATE
  • May 11, 2009: ADVANCED TO THIRD READING
  • May 11, 2009: AMENDED 2490B
  • May 6, 2009: 2ND REPORT CAL.
  • May 5, 2009: 1ST REPORT CAL.277
  • Apr 30, 2009: PRINT NUMBER 2490A
  • Apr 30, 2009: AMEND AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION
  • Feb 20, 2009: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Votes

Memo

 BILL NUMBER:  S2490D

TITLE OF BILL : An act to amend the correction law, in relation to notice whenever a sex offender is released to a public housing residence

PURPOSE OR GENERAL IDEA OF BILL : Requires the Division of Criminal Justice Services to make its sex offender registry information available to municipal housing authorities at least once a month. Further, upon request by such municipal housing authority, the Division shall provide information regarding a current or prospective tenant of the authority. The information to be made available shall be the names of such offenders whose address is within the same municipality or expected place of domicile as the housing authority.

SUMMARY OF SPECIFIC PROVISIONS : Section 1: Amends Correction Law section 168-b to provide that the Division shall make available sex offender registry information to municipal housing authorities to ensure that such persons do not live in such public housing projects as is provided for under Federal Law.

Section 2: Amends Correction Law section §168-1 to add "municipal housing authorities" to the list of "vulnerable organizations" that needs to be notified about the presence of registered level two and level three offenders.

JUSTIFICATION : In 1998, Congress banned subsidized housing for the most serious sex offenders after a convicted sex offender was charged with assaulting and molesting a 9-year-old neighbor girl who lived in the same public housing building. Also known as the Quality Housing and work Responsibility Act, this new legislation prohibited housing authorities from admitting any household that includes a person subject to the lifetime sex offender registration requirement.

In March 2009, a report released by NYC Councilman Eric Gioia found 126 sex offenders living in New York city public housing facilities, up 12% from the year before. 42 of the City's 3,432 registered sex offenders live in projects in Brooklyn, 37 in Manhattan, 26 in the Bronx, 8 in Queens and 3 in Staten Island.

More recently, a report by the Inspector General of the Housing and Urban Development (HUD) Department, estimated that roughly 2,100-3,000 households currently residing in federally subsidized housing include a serious sex offender. According to investigators, the primary reason why HUD failed to meet the law's objective was that HUD failed to ask prospective residents if they were subject to a lifetime registration requirement and did not require housing authorities to check the national sex offender registry prior to recertifying the eligibility of its current residents.

This bill addresses the apparent lack of communication between local law enforcement and public housing authorities by adding subsidized public housing projects to the list of vulnerable organizations that are notified whenever a level two or level three sex offender moves into the community. The list is to be directly disseminated each month to all municipal housing authorities. Further, the local municipal housing authority may inquire of the Division about current or prospective tenants.

PRIOR LEGISLATIVE HISTORY : 2007-08: (A.7442)

FISCAL IMPLICATIONS : The HUD Inspector General estimates that more than $12 million could be saved annually by not subsidizing housing for households with a lifetime registered sex offender.

EFFECTIVE DATE : This act shall take effect 60 days after it shall have become law.

Text

STATE OF NEW YORK ________________________________________________________________________ 2490--D Cal. No. 74 2009-2010 Regular Sessions IN SENATE February 20, 2009 ___________
Introduced by Sens. KLEIN, ADAMS, DIAZ, HASSELL-THOMPSON, C. JOHNSON, KRUEGER, MAZIARZ, ONORATO, PARKER, SAMPSON, SAVINO, THOMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee, ordered to first and second report, amended on second report, ordered to a third reading, and to be reprinted as amended, retaining its place in the order of third reading -- recommitted to the Committee on Crime Victims, Crime and Correction in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the correction law, in relation to notice whenever a sex offender is released to a public housing residence THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 168-b of the correction law is amended by adding a new subdivision 12 to read as follows: 12. THE DIVISION SHALL ALSO MAKE REGISTRY INFORMATION AVAILABLE TO MUNICIPAL HOUSING AUTHORITIES, AS ESTABLISHED PURSUANT TO ARTICLE THREE OF THE PUBLIC HOUSING LAW, TO ENABLE SUCH AUTHORITIES TO IDENTIFY PERSONS INELIGIBLE TO RESIDE IN PUBLIC HOUSING. THE DIVISION SHALL, AT LEAST MONTHLY, RELEASE TO EACH MUNICIPAL HOUSING AUTHORITY INFORMATION ABOUT SEX OFFENDERS WITH A HOME ADDRESS AND/OR EXPECTED PLACE OF DOMI- CILE WITHIN THE CORRESPONDING MUNICIPALITY; AND, UPON REQUEST BY SUCH MUNICIPAL HOUSING AUTHORITY, SHALL PROVIDE ANY INFORMATION IN THE REGIS- TRY RELATING TO A CURRENT OR PROSPECTIVE TENANT OF THAT AUTHORITY. THE
DIVISION MAY PROMULGATE RULES AND REGULATIONS RELATING TO PROCEDURES FOR THE RELEASE OF INFORMATION IN THE REGISTRY TO SUCH AUTHORITIES. S 2. Paragraphs (b) and (c) of subdivision 6 of section 168-l of the correction law, paragraph (b) as amended by chapter 106 of the laws of 2006, paragraph (c) as separately amended by chapters 318 and 680 of the laws of 2005, are amended to read as follows: (b) If the risk of repeat offense is moderate, a level two designation shall be given to such sex offender. In such case the law enforcement agency or agencies having jurisdiction and the law enforcement agency or agencies having had jurisdiction at the time of his or her conviction shall be notified and may disseminate relevant information which shall include a photograph and description of the offender and which may include the exact name and any aliases used by the sex offender, approx- imate address based on sex offender's zip code, background information including the offender's crime of conviction, mode of operation, type of victim targeted, the name and address of any institution of higher education at which the sex offender is enrolled, attends, is employed or resides and the description of special conditions imposed on the offen- der to any entity with vulnerable populations related to the nature of the offense committed by such sex offender. Any entity receiving infor- mation on a sex offender may disclose or further disseminate such infor- mation at its discretion. In addition, in such case, the information described herein shall also be provided in the subdirectory established in this article and notwithstanding any other provision of law, such information shall, upon request, be made available to the public. Such law enforcement agencies shall compile, maintain and update a listing of vulnerable organizational entities within its jurisdiction. Such listing shall be utilized for notification of such organizations in disseminating such information on level two sex offenders pursuant to this paragraph. Such listing shall include and not be limited to: superintendents of schools or chief school administrators, superinten- dents of parks, public and private libraries, public and private school bus transportation companies, day care centers, nursery schools, pre- schools, neighborhood watch groups, community centers, civic associ- ations, nursing homes, victim's advocacy groups [and], places of worship AND ALL MUNICIPAL HOUSING AUTHORITIES. (c) If the risk of repeat offense is high and there exists a threat to the public safety a level three designation shall be given to such sex offender. In such case, the law enforcement agency or agencies having jurisdiction and the law enforcement agency or agencies having had jurisdiction at the time of his or her conviction shall be notified and may disseminate relevant information which shall include a photograph and description of the offender and which may include the sex offender's exact name and any aliases used by the offender, exact address, address of the offender's place of employment, background information including the offender's crime of conviction, mode of operation, type of victim targeted, the name and address of any institution of higher education at which the sex offender is enrolled, attends, is employed or resides and the description of special conditions imposed on the offender to any entity with vulnerable populations related to the nature of the offense committed by such sex offender. Any entity receiving information on a sex offender may disclose or further disseminate such information at its discretion. In addition, in such case, the information described herein shall also be provided in the subdirectory established in this article and notwithstanding any other provision of law, such information shall, upon request, be made available to the public.
Such law enforcement agencies shall compile, maintain and update a listing of vulnerable organizational entities within its jurisdiction. Such listing shall be utilized for notification of such organizations in disseminating such information on level three sex offenders pursuant to this paragraph. Such listing shall include and not be limited to: superintendents of schools or chief school administrators, superinten- dents of parks, public and private libraries, public and private school bus transportation companies, day care centers, nursery schools, pre- schools, neighborhood watch groups, community centers, civic associ- ations, nursing homes, victim's advocacy groups [and], places of worship AND ALL MUNICIPAL HOUSING AUTHORITIES. S 3. This act shall take effect on the sixtieth day after it shall have become a law.

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