Prohibits level three sex offenders from living in college housing.

---

S4560-2011 Actions

• May 14, 2012: referred to correction
• May 14, 2012: DELIVERED TO ASSEMBLY
• May 14, 2012: PASSED SENATE
• Apr 25, 2012: AMENDED ON THIRD READING 4560A
• Mar 22, 2012: ADVANCED TO THIRD READING
• Mar 21, 2012: 2ND REPORT CAL.
• Mar 20, 2012: 1ST REPORT CAL.439
• Jan 4, 2012: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Jun 15, 2011: referred to correction
• Jun 15, 2011: DELIVERED TO ASSEMBLY
• Jun 15, 2011: PASSED SENATE
• Jun 14, 2011: ORDERED TO THIRD READING CAL.1233
• Jun 13, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Apr 12, 2011: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S4560-2011 Meetings

Crime Victims, Crime and Correction: Mar 20, 2012, Rules: Jun 17, 2011, Rules: Jun 24, 2011

S4560-2011 Calendars

Active List: Jun 15, 2011 , Floor Calendar: Mar 21, 2012 , Floor Calendar: Mar 22, 2012 , Floor Calendar: Mar 26, 2012 , Floor Calendar: Mar 27, 2012 , Floor Calendar: Mar 28, 2012 , Floor Calendar: Mar 29, 2012 , Floor Calendar: Mar 30, 2012 , Floor Calendar: Apr 17, 2012 , Floor Calendar: Apr 18, 2012 , Floor Calendar: Apr 19, 2012 , Floor Calendar: Apr 25, 2012 , Floor Calendar: Jun 14, 2011 , Floor Calendar: Jun 15, 2011

S4560-2011 Votes

S4560-2011 Memo

BILL NUMBER:S4560

TITLE OF BILL:
An act
to amend the correction law, the penal law and the executive law, in
relation to prohibiting level three sex offenders from living in
college housing

PURPOSE:
This bill is intended to protect college students from dangerous sex
offenders who may be residing in college dormitories with them.

SUMMARY OF PROVISIONS:
Section 168-f of the Correction Law is amended to prohibit level 3 sex
offenders from residing in student housing on the campus of any
institution of higher education. Section 168-t of the correction Law
is amended to make it a crime for any sex offender to violate such
prohibition.
Section 65.10 of the Penal law makes the same prohibition on level 3
sex offenders as a condition of probation. Section 259-c of the
Executive law is amended to make the same prohibition as a condition
of parole for level 3 sex offenders.

JUSTIFICATION:
Students in college housing generally live in very close quarters,
keep different hours and are often living on their own for the first
time in their lives. In many respects, their safety is compromised
when they share living space with people they do not know anything
about.

According to the U.S. Department of Education, in 2004, there were
2,673 sex offenses and 3,009 assaults on college campuses. These
numbers include only those cases that have been reported and most
likely comprise only a portion of all sexual assaults on campuses.
Yet they still signify an unacceptable rate and require that as a
legislature, we need to take whatever measures we can to provide a
greater degree of safety for our students.

Recent cases of sex offenders discovered residing on college campuses
is enough reason for us to add college housing to the places sex
offenders should not be residing.

LEGISLATIVE HISTORY:
2008 Passed Senate

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S4560-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    4560

                         2011-2012 Regular Sessions

                              I N  SENATE

                               April 12, 2011
                                 ___________

  Introduced  by  Sen.  ROBACH -- 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, the penal law and the executive law,
    in  relation  to  prohibiting level three sex offenders from living in
    college housing

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  Paragraph  (b-1) of subdivision 2 of section 168-f of the
  correction law, as amended by chapter 10 of the laws of 2003, is amended
  to read as follows:

    (b-1) If the sex offender has been given a  level  three  designation,
  such offender shall sign the verification form, and state that he or she
  still is employed at the address last reported to the division. IF A SEX
  OFFENDER  HAS  BEEN GIVEN A LEVEL THREE DESIGNATION, SUCH OFFENDER SHALL
  NOT RESIDE IN STUDENT HOUSING OF ANY INSTITUTION OF HIGHER EDUCATION.
    S 2. Section 168-t of the correction law, as amended by chapter 373 of
  the laws of 2007, is amended to read as follows:

    S 168-t. Penalty. Any sex offender required to register or  to  verify
  pursuant  to  the  provisions  of  this article who fails to register or
  verify in the manner and within the time periods provided  for  in  this
  article  shall  be  guilty  of  a class E felony upon conviction for the
  first offense, and upon conviction for a second  or  subsequent  offense
  shall  be  guilty of a class D felony. Any sex offender who violates the
  provisions of section one hundred sixty-eight-v of this article  OR  THE
  PROVISIONS  OF PARAGRAPH (B-1) OF SUBDIVISION TWO OF SECTION ONE HUNDRED
  SIXTY-EIGHT-F OF THIS ARTICLE CONCERNING THE PROHIBITION ON RESIDING  IN
  STUDENT  HOUSING  OF ANY INSTITUTION OF HIGHER EDUCATION shall be guilty
  of a class A misdemeanor upon conviction for the first offense, and upon
  conviction for a second or subsequent offense shall be guilty of a class
  D felony. Any such failure to register or verify may also be  the  basis

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD10780-02-1

 S. 4560                             2

  for revocation of parole pursuant to section two hundred fifty-nine-i of
  the  executive  law or the basis for revocation of probation pursuant to
  article four hundred ten of the criminal procedure law.
    S  3.  Paragraph  (a) of subdivision 4-a of section 65.10 of the penal
  law, as amended by chapter 67 of the laws of 2008, is amended to read as
  follows:

    (a) When imposing a sentence of  probation  or  conditional  discharge
  upon  a  person  convicted  of an offense defined in article one hundred
  thirty, two hundred thirty-five or two hundred sixty-three of this chap-
  ter, or section 255.25, 255.26 or 255.27 of this chapter, and the victim
  of such offense was under the age  of  eighteen  at  the  time  of  such
  offense  or  such  person has been designated a level three sex offender
  pursuant to subdivision six of section [168-l] ONE HUNDRED SIXTY-EIGHT-L
  of the correction law, the court shall require, as a mandatory condition
  of such sentence, that such sentenced offender shall refrain from  know-
  ingly  entering into or upon any school grounds, as that term is defined
  in subdivision fourteen of section 220.00 of this chapter, or any  other
  facility  or  institution  primarily  used  for the care or treatment of
  persons under the age of eighteen while one  or  more  of  such  persons
  under  the age of eighteen are present, provided however, that when such
  sentenced offender is a registered student or participant or an employee
  of such facility or institution or entity contracting therewith or has a
  family member enrolled in such facility or institution,  such  sentenced
  offender  may,  with  the  written authorization of his or her probation
  officer or the court and the superintendent or  chief  administrator  of
  such  facility, institution or grounds, enter such facility, institution
  or upon  such  grounds  for  the  limited  purposes  authorized  by  the
  probation officer or the court and superintendent or chief officer. IF A
  SEX  OFFENDER  HAS  BEEN  GIVEN A LEVEL THREE DESIGNATION, SUCH OFFENDER
  SHALL NOT RESIDE IN STUDENT HOUSING OF ANY INSTITUTION OF HIGHER  EDUCA-
  TION.  Nothing in this subdivision shall be construed as restricting any
  lawful condition of supervision that may be imposed  on  such  sentenced
  offender.
    S  4. Subdivision 14 of section 259-c of the executive law, as amended
  by section 38-b of subpart A of C of chapter 62 of the laws of 2011,  is
  amended to read as follows:

    14.  notwithstanding any other provision of law to the contrary, where
  a person serving a sentence  for  an  offense  defined  in  article  one
  hundred  thirty,  one  hundred thirty-five or two hundred sixty-three of
  the penal law or section 255.25, 255.26 or 255.27 of the penal  law  and
  the  victim of such offense was under the age of eighteen at the time of
  such offense or such person has been designated a level three sex offen-
  der pursuant to subdivision six of section one hundred sixty-eight-l  of
  the  correction  law,  is  released  on parole or conditionally released
  pursuant to subdivision one or two of  this  section,  the  board  shall
  require,  as  a mandatory condition of such release, that such sentenced
  offender shall refrain from knowingly entering into or upon  any  school
  grounds,  as  that  term  is  defined in subdivision fourteen of section
  220.00 of the penal law, or any other facility or institution  primarily
  used  for  the  care  or  treatment of persons under the age of eighteen
  while one or more of such persons under the age of eighteen are present,
  provided however, that when such  sentenced  offender  is  a  registered
  student or participant or an employee of such facility or institution or
  entity  contracting  therewith  or  has a family member enrolled in such
  facility or institution, such sentenced offender may, with  the  written
  authorization  of  his  or  her parole officer and the superintendent or

 S. 4560                             3

  chief administrator of such facility, institution or grounds, enter such
  facility, institution or upon such  grounds  for  the  limited  purposes
  authorized by the parole officer and superintendent or chief officer. IF
  A  SEX  OFFENDER HAS BEEN GIVEN A LEVEL THREE DESIGNATION, SUCH OFFENDER
  SHALL NOT RESIDE IN STUDENT HOUSING OF ANY INSTITUTION OF HIGHER  EDUCA-
  TION.  Nothing in this subdivision shall be construed as restricting any
  lawful condition of supervision that may be imposed  on  such  sentenced
  offender.
    S 5. This act shall take effect immediately.