Bill S5000A-2015

Restricts a registered sex offender from residing within 1000 feet of school grounds or a playground

Restricts a registered sex offender from residing within 1000 feet of school grounds or a playground.

Details

Actions

  • Jun 15, 2015: referred to correction
  • Jun 15, 2015: DELIVERED TO ASSEMBLY
  • Jun 15, 2015: PASSED SENATE
  • Jun 2, 2015: ADVANCED TO THIRD READING
  • Jun 1, 2015: 2ND REPORT CAL.
  • May 28, 2015: 1ST REPORT CAL.1050
  • May 5, 2015: PRINT NUMBER 5000A
  • May 5, 2015: AMEND AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION
  • Apr 28, 2015: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Votes

Memo

BILL NUMBER:S5000A

TITLE OF BILL:

An act to amend the correction law, the executive law, the mental hygiene law, the penal law and the social services law, in relation to the residence of a sex offender

PURPOSE:

This bill will reinforce and expand the current protections provided to our children from convicted sex offenders.

SUMMARY OF PROVISIONS:

Section one of this bill amends section 168-c of the Correction Law by adding a new subdivision (2-a) to require the Division of Criminal Justice Services (DCJS), upon notification that a sex offender who has been released or discharged from a correctional facility, hospital, or local correctional facility or placed on probation, to confirm that the sex offender's proposed residence is not within an area considered to be school grounds or a playground.

Section two of this bill amends subdivisions 2 and 3 of section 168-d of the Correction Law to include residency, employment and travel restrictions to the Court's notice issued to the offender. This provides that the offender is notified of the restrictions and requirements to which he or she will be subject in accordance with due process rights. Additionally, the Court must include any conditions that are required to be imposed pursuant to Penal Law section 65.10 in its order.

Section three of this bill amends section 168-f of the Correction Law by adding a new subdivision (4-a) prevent registered sex offenders who have already established a residence from changing their place of residence to within school grounds or a playground by requiring DCJS to confirm that the sex offender's proposed residence is not within an area considered to be school grounds or a playground.

Section four of this bill amends subdivision 2 of section 168-k of the Correction Law by amending the notice given to out-of-state sex offenders relocating to New York to include a statement that the sex offender's level determination may affect where the sex offender can reside, work or travel. Additionally, the Court's determination is required to include the prohibition against entering a zone that are either school grounds or a playground, as required by Penal Law section 62.10.

Section five of this bill amends subdivision 3 of section 168-n of the Correction Law to include residency, employment and travel restrictions to the Court's notice issued to the offender. This provides that the offender is notified of the restrictions and requirements to which he or she will be subject in accordance with due process rights. Additionally, the Court must include any conditions that are required to be imposed pursuant to Penal Law section 65.10 in its order.

Section six of this bill amends subdivision 1 of section 203 of the Correction Law to require the Commissioner of the Department of Corrections and Community Supervision (DOCCS) to include the prohibition against placing a sex offender within an area that is considered to be school grounds or a playground in the rules and regulations promulgated to provide guidance regarding the placement of sex offenders.

Section seven of this bill adds a new section 209 to the Correction Law, which requires the Commissioner of DOCCS to promulgate regulations regarding the placement of Level 1 sex offenders who have been convicted of certain offenses and the victim was a child. These regulations must include the prohibition against placing a sex offender within an area that is considered to be school grounds or a playground in the rules and regulations promulgated to provide guidance regarding the placement of sex offenders.

Section eight of this bill amends section 259-c of the Executive Law to include all level two sex offenders in prohibition against entering an area considered to be school grounds and to include playgrounds as prohibited areas.

Section nine of this bill amends section 243 of the Executive Law to require that the recommendations for placement rules, regulations and guidelines made by DCJS to the Commissioner of DOCCS include the prohibition against placing a sex offender within an area that is considered to be school grounds or a playground.

Section ten of this bill amends Mental Hygiene Law section 10.11(a) to require the Court, before ordering the release of a person to a regime of strict and intensive supervision, shall include a condition that the respondent sex offender refrain from entering school grounds or playgrounds. Additionally, DOCCS will be required to confirm that the respondent sex offender's proposed residence does not violate this new condition.

Section eleven of this bill amends Penal Law section 10.00 to add a new subdivision 22 defining the term "playground" to mean any area, structure, playing field or building that is owned by a public agency or a not-for-profit organization, and that is designated and used as a recreational area. The term "playground" also includes any areas accessible to the public that are within 1000 feet of the real property boundary line comprising the playground. This is similar to the 1000 feet area for school grounds.

Section twelve of this bill amends Penal Law section 65.10(4-a) to make conforming changed to the mandatory conditions for sex offenders which will include all level two sex offenders in prohibition against entering an area considered to be school grounds and to include playgrounds as an area in which entry by level two and level three sex offenders are prohibited from entering.

Section thirteen if this bill amends section 20 of the Social Services Law to provide that the Office of Temporary and Disability Assistance must amend its rules, regulations and guidelines for placement of sex offenders in shelters to provide that a sex offender shall not be placed in an area considered to be school grounds or a playground

Section fourteen of this bill provides that this act shall take effect on the first of November next succeeding the date on which it shall have become a law.

CURRENT LAW:

Current law prohibits level 3 sex offenders and certain level one and level two sex offenders from entering school grounds. Sex offenders are not prohibited from entering playgrounds.

JUSTIFICATION:

This bill is designed to give children a further buffer from sexual offenders by preventing already convicted offenders from residing within 1000 feet of a school or a playground's real property boundary line. Our children should to be able to go to school and play on a playground without their parents having to worry that their child may fall victim to a previously convicted sex offender The enactment of this bill is a necessary step towards ensuring the safety of our children and preventing them from becoming targets of opportunity to criminals who already have proven themselves a danger to children.

LEGISLATIVE HISTORY:

Similar to: 2014: S.2959-A - Referred to Crime Victims, Crime and Correction 2013: S.2959-A - Passed the Senate 2012: S.4026 - Referred to Crime Victims, Crime and Correction 2011: S.4026 - Passed the Senate

FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 5000--A 2015-2016 Regular Sessions IN SENATE April 28, 2015 ___________
Introduced by Sen. GOLDEN -- 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 AN ACT to amend the correction law, the executive law, the mental hygiene law, the penal law and the social services law, in relation to the residence of a sex offender THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 168-c of the correction law is amended by adding a new subdivision 2-a to read as follows: 2-A. UPON NOTIFICATION PURSUANT TO SUBDIVISIONS ONE OR TWO OF THIS SECTION, IT SHALL BE THE DUTY OF THE DIVISION TO CONFIRM THAT A SEX OFFENDER'S PROPOSED RESIDENCE IS NOT WITHIN THE AREA DEFINED AS SCHOOL GROUNDS, AS SUCH TERM IS DEFINED IN SUBDIVISION FOURTEEN OF SECTION 220.00 OF THE PENAL LAW, OR A PLAYGROUND, AS SUCH TERM IS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 10.00 OF THE PENAL LAW, THE MEASURE- MENTS TO BE TAKEN IN STRAIGHT LINES FROM THE CENTER OF THE NEAREST ENTRANCE OF THE RESIDENCE TO THE NEAREST REAL PROPERTY BOUNDARY LINE COMPRISING SUCH SCHOOL GROUNDS OR PLAYGROUND. S 2. Subdivisions 2 and 3 of section 168-d of the correction law, subdivision 2 as amended by chapter 684 of the laws of 2005, and subdi- vision 3 as amended by chapter 11 of the laws of 2002, are amended to read as follows: 2. Any sex offender, who is released on probation or discharged upon payment of a fine, conditional discharge or unconditional discharge shall, prior to such release or discharge, be informed of his or her duty to register under this article by the court in which he or she was convicted. At the time sentence is imposed, such sex offender shall register with the division on a form prepared by the division. The court shall require the sex offender to read and sign such form and to
complete the registration portion of such form. The court shall on such form obtain the address where the sex offender expects to reside upon his or her release, and the name and address of any institution of high- er education he or she expects to be employed by, enrolled in, attending or employed, whether for compensation or not, and whether he or she expects to reside in a facility owned or operated by such an institu- tion, and shall report such information to the division. The court shall give one copy of the form to the sex offender and shall send two copies to the division which shall forward the information to the law enforce- ment agencies having jurisdiction. The court shall also notify the district attorney and the sex offender of the date of the determination proceeding to be held pursuant to subdivision three of this section, which shall be held at least forty-five days after such notice is given. This notice shall include the following statement or a substantially similar statement: "This proceeding is being held to determine whether you will be classified as a level 3 offender (risk of repeat offense is high), a level 2 offender (risk of repeat offense is moderate), or a level 1 offender (risk of repeat offense is low), or whether you will be designated as a sexual predator, a sexually violent offender or a predi- cate sex offender, which will determine how long you must register as a sex offender, WHERE YOU MAY RESIDE, WORK OR TRAVEL, and how much infor- mation can be provided to the public concerning your registration. If you fail to appear at this proceeding, without sufficient excuse, it shall be held in your absence. Failure to appear may result in a longer period of registration or a higher level of community notification because you are not present to offer evidence or contest evidence offered by the district attorney." The court shall also advise the sex offender that he or she has a right to a hearing prior to the court's determination, that he or she has the right to be represented by counsel at the hearing and that counsel will be appointed if he or she is finan- cially unable to retain counsel. If the sex offender applies for assign- ment of counsel to represent him or her at the hearing and counsel was not previously assigned to represent the sex offender in the underlying criminal action, the court shall determine whether the offender is financially unable to retain counsel. If such a finding is made, the court shall assign counsel to represent the sex offender pursuant to article eighteen-B of the county law. Where the court orders a sex offender released on probation, such order must include a provision requiring that he or she comply with the requirements of this article. Where such sex offender violates such provision, probation may be imme- diately revoked in the manner provided by article four hundred ten of the criminal procedure law. 3. For sex offenders released on probation or discharged upon payment of a fine, conditional discharge or unconditional discharge, it shall be the duty of the court applying the guidelines established in subdivision five of section one hundred sixty-eight-l of this article to determine the level of notification pursuant to subdivision six of section one hundred sixty-eight-l of this article and whether such sex offender shall be designated a sexual predator, sexually violent offender, or predicate sex offender as defined in subdivision seven of section one hundred sixty-eight-a of this article. At least fifteen days prior to the determination proceeding, the district attorney shall provide to the court and the sex offender a written statement setting forth the deter- minations sought by the district attorney together with the reasons for seeking such determinations. The court shall allow the sex offender to appear and be heard. The state shall appear by the district attorney, or
his or her designee, who shall bear the burden of proving the facts supporting the determinations sought by clear and convincing evidence. Where there is a dispute between the parties concerning the determi- nations, the court shall adjourn the hearing as necessary to permit the sex offender or the district attorney to obtain materials relevant to the determinations from any state or local facility, hospital, institu- tion, office, agency, department or division. Such materials may be obtained by subpoena if not voluntarily provided to the requesting party. In making the determinations, the court shall review any victim's statement and any relevant materials and evidence submitted by the sex offender and the district attorney and the court may consider reliable hearsay evidence submitted by either party provided that it is relevant to the determinations. Facts previously proven at trial or elicited at the time of entry of a plea of guilty shall be deemed established by clear and convincing evidence and shall not be relitigated. The court shall render an order setting forth its determinations and the findings of fact and conclusions of law on which the determinations are based, SUCH ORDER SHALL ALSO INCLUDE ANY CONDITIONS THAT ARE REQUIRED TO BE IMPOSED PURSUANT TO SECTION 65.10 OF THE PENAL LAW. A copy of the order shall be submitted by the court to the division. Upon application of either party, the court shall seal any portion of the court file or record which contains material that is confidential under any state or federal statute. Either party may appeal as of right from the order pursuant to the provisions of articles fifty-five, fifty-six and fifty- seven of the civil practice law and rules. Where counsel has been assigned to represent the sex offender upon the ground that the sex offender is financially unable to retain counsel, that assignment shall be continued throughout the pendency of the appeal, and the person may appeal as a poor person pursuant to article eighteen-B of the county law. S 3. Section 168-f of the correction law is amended by adding a new subdivision 4-a to read as follows: 4-A. A SEX OFFENDER WHO HAS ESTABLISHED A RESIDENCE SHALL NOT CHANGE SAID RESIDENCE SO AS TO RESIDE WITHIN THE AREA DEFINED AS SCHOOL GROUNDS, AS SUCH TERM IS DEFINED IN SUBDIVISION FOURTEEN OF SECTION 220.00 OF THE PENAL LAW, OR A PLAYGROUND, AS SUCH TERM IS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 10.00 OF THE PENAL LAW, THE MEASURE- MENTS TO BE TAKEN IN STRAIGHT LINES FROM THE CENTER OF THE NEAREST ENTRANCE OF THE RESIDENCE TO THE REAL PROPERTY BOUNDARY LINE COMPRISING SUCH SCHOOL GROUNDS OR PLAYGROUND. S 4. Subdivision 2 of section 168-k of the correction law, as amended by chapter 684 of the laws of 2005, is amended to read as follows: 2. The division shall advise the board that the sex offender has established residence in this state. The board shall determine whether the sex offender is required to register with the division. If it is determined that the sex offender is required to register, the division shall notify the sex offender of his or her duty to register under this article and shall require the sex offender to sign a form as may be required by the division acknowledging that the duty to register and the procedure for registration has been explained to the sex offender. The division shall obtain on such form the address where the sex offender expects to reside within the state and the sex offender shall retain one copy of the form and send two copies to the division which shall provide the information to the law enforcement agency having jurisdiction where the sex offender expects to reside within this state. No later than thirty days prior to the board making a recommendation, the sex offender
shall be notified that his or her case is under review and that he or she is permitted to submit to the board any information relevant to the review. After reviewing any information obtained, and applying the guidelines established in subdivision five of section one hundred sixty-eight-l of this article, the board shall within sixty calendar days make a recommendation regarding the level of notification pursuant to subdivision six of section one hundred sixty-eight-l of this article and whether such sex offender shall be designated a sexual predator, sexually violent offender, or predicate sex offender as defined in subdivision seven of section one hundred sixty-eight-a of this article. This recommendation shall be confidential and shall not be available for public inspection. It shall be submitted by the board to the county court or supreme court and to the district attorney in the county of residence of the sex offender and to the sex offender. It shall be the duty of the county court or supreme court in the county of residence of the sex offender, applying the guidelines established in subdivision five of section one hundred sixty-eight-l of this article, to determine the level of notification pursuant to subdivision six of section one hundred sixty-eight-l of this article and whether such sex offender shall be designated a sexual predator, sexually violent offender, or predicate sex offender as defined in subdivision seven of section one hundred sixty-eight-a of this article. At least thirty days prior to the determination proceeding, such court shall notify the district attorney and the sex offender, in writing, of the date of the determination proceeding and the court shall also provide the district attorney and sex offender with a copy of the recommendation received from the board and any statement of the reasons for the recommendation received from the board. This notice shall include the following statement or a substantially similar statement: "This proceeding is being held to determine whether you will be classified as a level 3 offender (risk of repeat offense is high), a level 2 offender (risk of repeat offense is moderate), or a level 1 offender (risk of repeat offense is low), or whether you will be designated as a sexual predator, a sexually violent offender or a predicate sex offender, which will determine how long you must register as a sex offender, WHERE YOU MAY RESIDE, WORK OR TRAVEL, and how much information can be provided to the public concerning your registration. If you fail to appear at this proceeding, without suffi- cient excuse, it shall be held in your absence. Failure to appear may result in a longer period of registration or a higher level of community notification because you are not present to offer evidence or contest evidence offered by the district attorney." The court shall also advise the sex offender that he or she has a right to a hearing prior to the court's determination, that he or she has the right to be represented by counsel at the hearing and that counsel will be appointed if he or she is financially unable to retain counsel. A returnable form shall be enclosed in the court's notice to the sex offender on which the sex offender may apply for assignment of counsel. If the sex offender applies for assignment of counsel and the court finds that the offender is financially unable to retain counsel, the court shall assign counsel to represent the sex offender pursuant to article eighteen-B of the county law. If the district attorney seeks a determination that differs from the recommendation submitted by the board, at least ten days prior to the determination proceeding the district attorney shall provide to the court and the sex offender a statement setting forth the determi- nations sought by the district attorney together with the reasons for seeking such determinations. The court shall allow the sex offender to
appear and be heard. The state shall appear by the district attorney, or his or her designee, who shall bear the burden of proving the facts supporting the determinations sought by clear and convincing evidence. It shall be the duty of the court applying the guidelines established in subdivision five of section one hundred sixty-eight-l of this article to determine the level of notification pursuant to subdivision six of section one hundred sixty-eight-l of this article and whether such sex offender shall be designated a sexual predator, sexually violent offen- der, or predicate sex offender as defined in subdivision seven of section one hundred sixty-eight-a of this article. Where there is a dispute between the parties concerning the determinations, the court shall adjourn the hearing as necessary to permit the sex offender or the district attorney to obtain materials relevant to the determinations from the state board of examiners of sex offenders or any state or local facility, hospital, institution, office, agency, department or division. Such materials may be obtained by subpoena if not voluntarily provided to the requesting party. In making the determinations the court shall review any victim's statement and any relevant materials and evidence submitted by the sex offender and the district attorney and the recom- mendation and any material submitted by the board, and may consider reliable hearsay evidence submitted by either party, provided that it is relevant to the determinations. If available, facts proven at trial or elicited at the time of a plea of guilty shall be deemed established by clear and convincing evidence and shall not be relitigated. The court shall render an order setting forth its determinations and the findings of fact and conclusions of law on which the determinations are based, SUCH ORDER SHALL ALSO INCLUDE ANY CONDITIONS THAT ARE REQUIRED TO BE IMPOSED PURSUANT TO SECTION 65.10 OF THE PENAL LAW. A copy of the order shall be submitted by the court to the division. Upon application of either party, the court shall seal any portion of the court file or record which contains material that is confidential under any state or federal statute. Either party may appeal as of right from the order pursuant to the provisions of articles fifty-five, fifty-six and fifty- seven of the civil practice law and rules. Where counsel has been assigned to represent the sex offender upon the ground that the sex offender is financially unable to retain counsel, that assignment shall be continued throughout the pendency of the appeal, and the person may appeal as a poor person pursuant to article eighteen-B of the county law. S 5. Subdivision 3 of section 168-n of the correction law, as amended by chapter 684 of the laws of 2005, is amended to read as follows: 3. No later than thirty days prior to the board's recommendation, the sex offender shall be notified that his or her case is under review and that he or she is permitted to submit to the board any information rele- vant to the review. Upon receipt of the board's recommendation, the sentencing court shall determine whether the sex offender was previously found to be eligible for assigned counsel in the underlying case. Where such a finding was previously made, the court shall assign counsel to represent the offender, pursuant to article eighteen-B of the county law. At least twenty days prior to the determination proceeding, the sentencing court shall notify the district attorney, the sex offender and the sex offender's counsel, in writing, of the date of the determi- nation proceeding and shall also provide the district attorney, the sex offender and the sex offender's counsel with a copy of the recommenda- tion received from the board and any statement of the reasons for the recommendation received from the board. This notice shall include the
following statement or a substantially similar statement: "This proceeding is being held to determine whether you will be classified as a level 3 offender (risk of repeat offense is high), a level 2 offender (risk of repeat offense is moderate), or a level 1 offender (risk of repeat offense is low), or whether you will be designated as a sexual predator, a sexually violent offender or a predicate sex offender, which will determine how long you must register as a sex offender, WHERE YOU MAY RESIDE, WORK OR TRAVEL, and how much information can be provided to the public concerning your registration. If you fail to appear at this proceeding, without sufficient excuse, it shall be held in your absence. Failure to appear may result in a longer period of registration or a higher level of community notification because you are not present to offer evidence or contest evidence offered by the district attorney." The written notice to the sex offender shall also advise the offender that he or she has a right to a hearing prior to the court's determi- nation, and that he or she has the right to be represented by counsel at the hearing. If counsel has been assigned to represent the offender at the determination proceeding, the notice shall also provide the name, address and telephone number of the assigned counsel. Where counsel has not been assigned, the notice shall advise the sex offender that counsel will be appointed if he or she is financially unable to retain counsel, and a returnable form shall be enclosed in the court's notice to the sex offender on which the sex offender may apply for assignment of counsel. If the sex offender applies for assignment of counsel and the court finds that the offender is financially unable to retain counsel, the court shall assign counsel to represent the sex offender pursuant to article eighteen-B of the county law. If the district attorney seeks a determination that differs from the recommendation submitted by the board, at least ten days prior to the determination proceeding the district attorney shall provide to the court and the sex offender a statement setting forth the determinations sought by the district attor- ney together with the reasons for seeking such determinations. The court shall allow the sex offender to appear and be heard. The state shall appear by the district attorney, or his or her designee, who shall bear the burden of proving the facts supporting the determinations sought by clear and convincing evidence. Where there is a dispute between the parties concerning the determinations, the court shall adjourn the hear- ing as necessary to permit the sex offender or the district attorney to obtain materials relevant to the determinations from the state board of examiners of sex offenders or any state or local facility, hospital, institution, office, agency, department or division. Such materials may be obtained by subpoena if not voluntarily provided to the requesting party. In making the determinations the court shall review any victim's statement and any relevant materials and evidence submitted by the sex offender and the district attorney and the recommendation and any mate- rials submitted by the board, and may consider reliable hearsay evidence submitted by either party, provided that it is relevant to the determi- nations. Facts previously proven at trial or elicited at the time of entry of a plea of guilty shall be deemed established by clear and convincing evidence and shall not be relitigated. The court shall render an order setting forth its determinations and the findings of fact and conclusions of law on which the determinations are based, SUCH ORDER SHALL ALSO INCLUDE ANY CONDITIONS THAT ARE REQUIRED TO BE IMPOSED PURSU- ANT TO SECTION 65.10 OF THE PENAL LAW. A copy of the order shall be submitted by the court to the division. Upon application of either party, the court shall seal any portion of the court file or record
which contains material that is confidential under any state or federal statute. Either party may appeal as of right from the order pursuant to the provisions of articles fifty-five, fifty-six and fifty-seven of the civil practice law and rules. Where counsel has been assigned to repre- sent the sex offender upon the ground that the sex offender is finan- cially unable to retain counsel, that assignment shall be continued throughout the pendency of the appeal, and the person may appeal as a poor person pursuant to article eighteen-B of the county law. S 6. Subdivision 1 of section 203 of the correction law, as added by section 32 of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows: 1. The commissioner shall promulgate rules and regulations that shall include guidelines and procedures on the placement of sex offenders designated as level two or level three offenders pursuant to article six-C of this chapter, PROVIDED THAT SUCH GUIDELINES AND PROCEDURES SHALL PROHIBIT THE PLACEMENT OF SUCH SEX OFFENDERS WITHIN THE AREA DEFINED AS SCHOOL GROUNDS, AS SUCH TERM IS DEFINED IN SUBDIVISION FOUR- TEEN OF SECTION 220.00 OF THE PENAL LAW, OR A PLAYGROUND, AS SUCH TERM IS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 10.00 OF THE PENAL LAW. Such regulations shall provide instruction on certain factors to be considered when investigating and approving the residence of level two or level three sex offenders released on presumptive release, parole, conditional release or post-release supervision. Such factors shall include the following: (a) the location of other sex offenders required to register under the sex offender registration act, specifically whether there is a concen- tration of registered sex offenders in a certain residential area or municipality; (b) the number of registered sex offenders residing at a particular property; (c) the proximity of entities with vulnerable populations; (d) accessibility to family members, friends or other supportive services, including, but not limited to, locally available sex offender treatment programs with preference for placement of such individuals into programs that have demonstrated effectiveness in reducing sex offender recidivism and increasing public safety; and (e) the availability of permanent, stable housing in order to reduce the likelihood that such offenders will be transient. S 7. The correction law is amended by adding a new section 209 to read as follows: S 209. REGULATIONS FOR RELEASE OF SEX OFFENDERS DESIGNATED AS LEVEL ONE OFFENDERS. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS THAT SHALL INCLUDE GUIDELINES AND PROCEDURES ON THE PLACEMENT OF SEX OFFENDERS DESIGNATED AS LEVEL ONE OFFENDERS PURSUANT TO ARTICLE SIX-C OF THIS CHAPTER WHO HAVE BEEN CONVICTED OF AN OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIRTY, TWO HUNDRED THIRTY-FIVE OR TWO HUNDRED SIXTY-THREE, 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, PROVIDED THAT SUCH GUIDELINES AND PROCEDURES SHALL PROHIBIT THE PLACE- MENT OF SUCH SEX OFFENDERS WITHIN ANY SCHOOL GROUNDS, AS SUCH TERM IS DEFINED IN SUBDIVISION FOURTEEN OF SECTION 220.00 OF THE PENAL LAW, OR A PLAYGROUND, AS SUCH TERM IS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 10.00 OF THE PENAL LAW. S 8. Subdivision 14 of section 259-c of the executive law, as amended by section 38-b of subpart A of part 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 TWO OR LEVEL three sex offender pursuant to subdivision six of section one hundred sixty-eight-l of the correction law, is released on parole or condi- tionally 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 institu- tion 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, OR ANY PLAYGROUND, AS THAT TERM IS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 10.00 OF THE PENAL LAW, provided however, that when such sentenced offender is a registered student or participant or an employee of such facility or institution or entity contracting there- with 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. Nothing in this subdivi- sion shall be construed as restricting any lawful condition of super- vision that may be imposed on such sentenced offender. S 9. Subdivision 4 of section 243 of the executive law, as added by chapter 568 of the laws of 2008 and the opening paragraph as amended by section 17 of part A of chapter 56 of the laws of 2010, is amended to read as follows: 4. The office shall recommend to the commissioner rules and regu- lations which shall include guidelines and procedures on the placement of sex offenders designated as level two or level three offenders pursu- ant to article six-C of the correction law, PROVIDED THAT SUCH RECOM- MENDED RULES AND REGULATIONS SHALL PROHIBIT THE PLACEMENT OF SUCH SEX OFFENDERS WITHIN THE AREA DEFINED AS SCHOOL GROUNDS, AS SUCH TERM IS DEFINED IN SUBDIVISION FOURTEEN OF SECTION 220.00 OF THE PENAL LAW, OR A PLAYGROUND, AS SUCH TERM IS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 10.00 OF THE PENAL LAW. Such regulations shall instruct local probation departments to consider certain factors when investigating and approving the residence of level two or level three sex offenders sentenced to a period of probation. Such factors shall include the following: (a) the location of other sex offenders required to register under the sex offender registration act, specifically whether there is a concen- tration of registered sex offenders in a certain residential area or municipality; (b) the number of registered sex offenders residing at a particular property; (c) the proximity of entities with vulnerable populations; (d) accessibility to family members, friends or other supportive services, including but not limited to locally available sex offender treatment programs with preference for placement of such individuals into programs that have demonstrated effectiveness in reducing sex offender recidivism and increasing public safety; and
(e) the availability of permanent, stable housing in order to reduce the likelihood that such offenders will be transient. S 10. Subdivision (a) of section 10.11 of the mental hygiene law, as added by chapter 7 of the laws of 2007, paragraphs 1 and 2 as amended by section 118-e of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: (a) (1) Before ordering the release of a person to a regimen of strict and intensive supervision and treatment pursuant to this article, the court shall order that the department of corrections and community supervision recommend supervision requirements to the court. These supervision requirements, which shall be developed in consultation with the commissioner, SHALL INCLUDE A PROHIBITION AGAINST KNOWINGLY ENTERING INTO OR UPON ANY SCHOOL GROUNDS, AS THAT TERM IS DEFINED IN SUBDIVISION FOURTEEN OF SECTION 220.00 OF THE PENAL LAW, 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, OR A PLAYGROUND, AS SUCH TERM IS DEFINED IN SUBDI- VISION TWENTY-TWO OF SECTION 10.00 OF THE PENAL LAW, AND may include but need not be limited to, electronic monitoring or global positioning satellite tracking for an appropriate period of time, polygraph monitor- ing, specification of residence or type or residence, prohibition of contact with identified past or potential victims, strict and intensive supervision by a parole officer, and any other lawful and necessary conditions that may be imposed by a court. In addition, after consulta- tion with the psychiatrist, psychologist or other professional primarily treating the respondent, the commissioner shall recommend a specific course of treatment. A copy of the recommended requirements for super- vision and treatment shall be given to the attorney general and the respondent and his or her counsel a reasonable time before the court issues its written order pursuant to this section. (2) Before issuing its written order, the court shall afford the parties an opportunity to be heard, and shall consider any additional submissions by the respondent and the attorney general concerning the proposed conditions of the regimen of strict and intensive supervision and treatment. The court shall issue an order specifying the conditions of the regimen of strict and intensive supervision and treatment, which shall include A CONDITION THAT THE RESPONDENT 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 THE PENAL LAW, 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, OR A PLAYGROUND, AS SUCH TERM IS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 10.00 OF THE PENAL LAW, specified supervision requirements and compliance with a specified course of treatment. A written statement of the conditions of the regi- men of strict and intensive supervision and treatment shall be given to the respondent and to his or her counsel, any designated service provid- ers or treating professionals, the commissioner, the attorney general and the supervising parole officer. The court shall require the depart- ment of corrections and community supervision to take appropriate actions to implement the supervision plan and assure compliance with the conditions of the regimen of strict and intensive supervision and treat- ment AND TO INVESTIGATE AND APPROVE THE LOCATION OF THE RESPONDENT'S RESIDENCE. A regimen of strict and intensive supervision does not toll the running of any form of supervision in criminal cases, including but not limited to post-release supervision and parole.
S 11. Section 10.00 of the penal law is amended by adding a new subdi- vision 22 to read as follows: 22. "PLAYGROUND" MEANS (A) IN OR WITHIN ANY BUILDING, STRUCTURE, PLAY- ING FIELD, OR LAND CONTAINED WITHIN THE BOUNDARY OF LAND OWNED, LEASED OR MAINTAINED BY THE STATE OR ANY AGENCY OR MUNICIPALITY THEREOF OR BY ANY NOT-FOR-PROFIT CORPORATION, CORPORATION OR ASSOCIATION THAT IS USED ON A REGULAR BASIS AS A RECREATION AREA FOR CHILDREN AND IS SO DESIG- NATED, OR (B) ANY AREA ACCESSIBLE TO THE PUBLIC LOCATED WITHIN ONE THOU- SAND FEET OF THE PERIMETER OF ANY SUCH PLAYGROUND OR ANY PARKED AUTOMO- BILE OR OTHER PARKED VEHICLE LOCATED WITHIN ONE THOUSAND FEET OF THE REAL PROPERTY BOUNDARY LINE COMPRISING ANY SUCH PLAYGROUND. FOR THE PURPOSES OF THIS SECTION AN "AREA ACCESSIBLE TO THE PUBLIC" SHALL MEAN SIDEWALKS, STREETS, PARKING LOTS, PARKS, STORES AND RESTAURANTS. S 12. 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 TWO OR 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 knowingly entering into or upon any school grounds, as that term is defined in subdivision fourteen of section 220.00 of this chap- ter, [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, OR ANY PLAYGROUND, AS THAT TERM IS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 10.00 OF THIS CHAPTER, 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. Nothing in this subdivi- sion shall be construed as restricting any lawful condition of super- vision that may be imposed on such sentenced offender. S 13. Subdivision 8 of section 20 of the social services law, as amended by section 150 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: 8. (a) The office of temporary and disability assistance shall promul- gate rules and regulations for the administration of this subdivision. The rules and regulations shall provide for the conditions under which local social services officials determine the placement of applicants for and recipients of public assistance for whom a notice pursuant to section two hundred three of the correction law[,] has been received and who are: (i) determined to be in immediate need of shelter; and (ii) designated a level two or level three sex offender pursuant to article six-C of the correction law.
(b) When making determinations in regard to the placement of such individuals in shelter, local social services officials shall NOT PLACE SUCH INDIVIDUALS WITHIN THE AREA DEFINED AS SCHOOL GROUNDS, AS SUCH TERM IS DEFINED IN SUBDIVISION FOURTEEN OF SECTION 220.00 OF THE PENAL LAW, OR A PLAYGROUND, AS SUCH TERM IS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 10.00 OF THE PENAL LAW, AND SHALL consider the following factors: (i) the location of other sex offenders required to register pursuant to the sex offender registration act, specifically whether there is a concentration of registered sex offenders in a certain residential area or municipality; (ii) the number of registered sex offenders residing at a particular property; (iii) proximity of the entities with vulnerable populations; (iv) accessibility to family members, friends or other supportive services, including but not limited to locally available sex offender treatment programs with preference for placement of such individuals into programs that have demonstrated effectiveness in reducing sex offender recidivism and increasing public safety; and (v) investigation and approval of such placement by the department of corrections and community supervision. S 14. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.

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