This bill has been amended

Bill S4560-2011

Prohibits level three sex offenders from living in college housing

Prohibits level three sex offenders from living in college housing.

Details

Actions

  • 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

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 14, 2011
Ayes (22): Skelos, Alesi, Farley, Hannon, Johnson, Larkin, LaValle, Libous, Marcellino, Maziarz, Nozzolio, Saland, Seward, Sampson, Breslin, Dilan, Hassell-Thompson, Krueger, Montgomery, Perkins, Smith, Stewart-Cousins
Ayes W/R (1): Duane
Nays (1): Parker
VOTE: COMMITTEE VOTE: - Crime Victims, Crime and Correction - Mar 20, 2012
Ayes (14): Nozzolio, DeFrancisco, Gallivan, Griffo, Little, Maziarz, Ranzenhofer, Ritchie, Rivera, Hassell-Thompson, Montgomery, Kennedy, Peralta, Espaillat

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 4560 2011-2012 Regular Sessions IN 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
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
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.

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