Authorizes the court to order sexual offenders on probation, where such probation has been revoked, to terms of imprisonment which run consecutively to sentences already being served.
Ayes (57): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (3): Hassell-Thomps, Montgomery, Perkins
Excused (2): Duane, Savino
Ayes (30): DeFrancisco, Johnson, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Griffo, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, Robach, Saland, Seward, Young, Krueger, Breslin, Dilan, Gianaris, Oppenheimer, Peralta, Perkins, Rivera, Stavisky, Stewart-Cousins, Squadron
Nays (3): Duane, Montgomery, Parker
Excused (2): Hannon, Diaz
Ayes (53): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Maziarz, McDonald, Nozzolio, O'Mara, Oppenheimer, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Young, Zeldin
Nays (5): Duane, Hassell-Thomps, Montgomery, Parker, Perkins
Excused (3): Hannon, Martins, Valesky
TITLE OF BILL: An act to amend the penal law, in relation to consecutive sentences for sexual offenders on probation
PURPOSE: This bill would strengthen the probation law regarding sex offenders who are found guilty of another offense during their probation time. With this change in the law, such offenders would now have to serve consecutive sentences rather than concurrent sentences for which the law currently allows.
SUMMARY OF PROVISIONS: This bill amends subdivision 4 of section 60.01 of the Penal Law, requiring any sentence for a sexual offense as defined in Article 130 or an offense included in the following: incest (section 255.5), the use of a child in a sexual performance (section 263.10) or promoting a sexual performance by a child (section 263.15) to run consecutively to any other term of imprisonment.
JUSTIFICATION: Keeping felony recidivism rates down has been a long time struggle for the public safety community and society in general. Sex offenders, especially those offenses that include minors and children have an unusually high rate of recidivism with a very low rehabilitative rate. Based upon this said fear and concern for sex offenders who re-violate upon release from prison, Megan's Law was implemented in 1995 to develop a sex offender registry and notification system when he/she moves into a new residence. The general consensus arrived at with this bill is that people have a right to know the potential level of danger that a convicted sex offender may represent to themselves or their children. The sex offender registry and community notification system has been very helpful thus far in keeping neighborhoods and families safe.
However, the statistics continue to underscore the point that many sexual offenders will and do re-offend. Some even re-offend during their probation period. How does the state handle such probation violators? Presently, the law allows any additional sentencing for new offenses occurring during a probationary period to be served concurrently with the original terms of the offender's sentence. Thus, a violation of that probationary period would thereby go unpunished, saving this offender from the maximum allowable penalty. This legislation would change the penal code to provide only consecutive sentencing for convicted sex offenders who re-violate while on probation.
This legislation seeks to close an existing loophole in the law for sex offenders. This is not just a legal matter, but a personal matter especially for those residents in a particular Rochester neighborhood where such a series of incidents prompted the introduction of this bill. When the convicted risk level 3 sex offender first came to live in the neighborhood under house arrest with his parents, the community was notified per Megan's Law of his imminent move to the
area. For obvious reasons, many residents were concerned not just for their own children, but also because of the very large number of children at play in the particular area surrounding the offender's soon-to-be home. The community held informational meetings and hesitantly welcomed this person into their neighborhood. Within a year, this individual was arrested and plead guilty to sodomizing two youths from nearby Montgomery County. The children in the neighborhood surrounding this man's house were safe but the residents' fears of him offending again were unfortunately confirmed.
As a state, we need to ensure the safety of our neighborhoods and children from repeat crimes of sex offenders. Education is vital to helping children stay safe from harm. The sexual offender registry and notification system have enhanced the ability for parents in keeping their children and neighbors safe from harm, too. However, we need to go further and tighten the state law so that convicted sexual offenders will receive the maximum penalty for violating terms of their probationary release.
LEGISLATIVE HISTORY: 2007-2008: PASSED SENATE
FISCAL IMPLICATIONS: Undetermined.
EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 487 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sen. ROBACH -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to consecutive sentences for sexual offenders on probation THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 60.01 of the penal law, as amended by chapter 548 of the laws of 1984, is amended to read as follows: 4. In any case where a person has been sentenced to a period of probation imposed pursuant to section 65.00 of this chapter, if the part of the sentence that provides for probation is revoked, the court must sentence such person to imprisonment or to the sentence of imprisonment and probation as provided for in paragraph (d) of subdivision two of this section; PROVIDED, HOWEVER, EVERY SUCH SENTENCE OF IMPRISONMENT FOR A PERSON CONVICTED OF AN OFFENSE CONTAINED IN ARTICLE ONE HUNDRED THIRTY OF THIS CHAPTER OR SECTION 255.25, 255.26, 255.27, 263.05, 263.10 OR 263.15 OF THIS CHAPTER SHALL RUN CONSECUTIVELY TO ANY OTHER TERM OF IMPRISONMENT IMPOSED FOR ANOTHER SUCH OFFENSE BY A COURT OF THIS STATE. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01930-01-1