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

                                  5000

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             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

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 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 MEASUREMENTS 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. 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 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 MEASUREMENTS 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  3. 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10616-01-5

              

S. 5000                             2

  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

S. 5000                             3

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  4.  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:

S. 5000                             4

  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 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.  Such  regu-
lations  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 5. 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  6. 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

S. 5000                             5

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  7.  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 ANY SCHOOL GROUNDS, AS SUCH TERM IS DEFINED IN SUBDIVI-
SION 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 resi-
dence 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 8. 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

S. 5000                             6

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  9. 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

S. 5000                             7

PURPOSES  OF  THIS SECTION AN "AREA ACCESSIBLE TO THE PUBLIC" SHALL MEAN
SIDEWALKS, STREETS, PARKING LOTS, PARKS, STORES AND RESTAURANTS.
  S  10.  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  11.  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 ANY SCHOOL GROUNDS, AS SUCH TERM IS  DEFINED  IN
SUBDIVISION  FOURTEEN  OF  SECTION  220.00  OF THE PENAL LAW, OR A PLAY-
GROUND, 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;

S. 5000                             8

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

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

                                 5000--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             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  --  recommitted to the
  Committee on Crime Victims, Crime and Correction  in  accordance  with
  Senate  Rule  6,  sec. 8 -- reported favorably from said committee and
  committed to the Committee on Finance --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10616-05-6
              

S. 5000--B                          2

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

S. 5000--B                          3

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

S. 5000--B                          4

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

S. 5000--B                          5

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

S. 5000--B                          6

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

S. 5000--B                          7

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 SEXUAL PREDATORS, SEXUALLY VIOLENT
OFFENDERS, OR PREDICATE SEX OFFENDERS PURSUANT TO ARTICLE SIX-C OF  THIS
CHAPTER  AND  THE  VICTIM  OF THE OFFENSE FOR WHICH SUCH DESIGNATION WAS
RECEIVED 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

S. 5000--B                          8

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;

S. 5000--B                          9

  (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

S. 5000--B                         10

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

S. 5000--B                         11

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.