Bill S507-2013

Creates the New York state commission on sex offender supervision and management

Creates the New York state commission on sex offender supervision and management; provides that such commission shall consist of thirteen members; requires the commission to make a report of its findings.

Details

Actions

  • Jan 8, 2014: REFERRED TO FINANCE
  • Jan 9, 2013: REFERRED TO FINANCE

Memo

BILL NUMBER:S507

TITLE OF BILL:

An act creating a temporary New York state commission on sex offender supervision and management and providing for the repeal of such provisions upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:

The bill establishes a temporary state commission, to be known as the New York state commission on sex offender supervision and management, to examine, evaluate, and make recommendations concerning factors that impact the risk of recidivism, and lead to the concentration of sex offenders in certain residential areas

SUMMARY OF SPECIFIC PROVISIONS:

The bill establishes a temporary state commission, to be known as the New York state commission on sex offender supervision and management to examine, evaluate, and make recommendations concerning the effectiveness of programs involving inmates who are required to register as a sex offender pursuant to article 6-C of the correction law released from state and local correctional facilities, The commission shall investigate all factors that impact the risk of recidivism, and lead to the concentration of sex offenders in certain residential areas.

Specifically, the commission will examine the existence of concentrations of registered sex offenders in certain residential areas and municipalities and the circumstances that caused such concentrations to exist; the practices and procedures of the division of parole, local probation departments, and local social service districts in investigating and approving residences for convicted sex offenders; the availability of appropriate housing for convicted sex offenders; the adequacy of supervision and monitoring of registered sex offenders under the supervision of the division of parole or serving a sentence of probation; and the effectiveness and availability of existing sex offender treatment programs and the need for additional sex offender treatment programs in prison, local correctional facilities and the community.

JUSTIFICATION:

Persons convicted of a sex offense present a danger to the public. It is necessary that these offenders receive appropriate supervision and treatment designed to reduce the risk of re-offense in order to ensure the safety, health and welfare of the communities in which convicted sex offenders reside. Unfortunately, New York's state prison system does not adequately prepare inmates for a safe return to the community upon the completion of their sentence.

Lack of treatment during incarceration creates a threat to public safety by increasing the likelihood that inmates released to the community will be unable to successfully transition back to society

and therefore heightens the risk of re-offense. This is especially true for sex offenders who often do not find appropriate housing and treatment programs in the community. Further, the division of parole, local probation departments and social services agencies are often unable to locate suitable housing for convicted sex offenders. This lack of housing has resulted in an unacceptable level of concentration of sex offenders in certain residential areas. This bill establishes a commission to study these issues and make report to the legislature and the governor.

PRIOR LEGISLATIVE HISTORY:

2006: A.11853, Referred to Correction 2007: A.4569, Referred to Correction 2008: A.4569, Referred to Correction 2009: S.3629, Referred to Finance; A.3772 Referred to Ways & Means 2010: S.3629, Referred to Finance; A.3772 Referred to Ways & Means

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This bill takes effect immediately and shall expire and be deemed repealed 1 year after such effective date; provided that the appointed of members to the New York state commission on sex offender supervision and management shall be completed within 90 days of such effective date.


Text

STATE OF NEW YORK ________________________________________________________________________ 507 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT creating a temporary New York state commission on sex offender supervision and management and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings and intent. The legislature hereby finds and declares that persons convicted of a sex offense present a danger to the public. It is necessary that these offenders receive appropriate supervision and treatment designed to reduce the risk of re-offense in order to ensure the safety, health and welfare of the communities in which convicted sex offenders reside. The legislature further finds that New York's state prison system does not adequately prepare inmates for a safe return to the community upon the completion of their sentence. Lack of treatment during incarceration creates a threat to public safety by increasing the likelihood that inmates released to the community will be unable to successfully transition back to society and therefore heightens the risk of re-offense. This is espe- cially true for sex offenders who often do not find appropriate housing and treatment programs in the community. Further, the division of parole, local probation departments and social services agencies are often unable to locate suitable housing for convicted sex offenders. This lack of housing has resulted in an unacceptable level of concen- tration of sex offenders in certain residential areas. S 2. A temporary state commission, to be known as the New York state commission on sex offender supervision and management, hereinafter referred to as the commission, is hereby created to examine, evaluate, and make recommendations concerning the effectiveness of programs involving inmates who are required to register as a sex offender pursu-
ant to article 6-C of the correction law released from state and local correctional facilities. The commission shall investigate all factors that impact the risk of recidivism, and lead to the concentration of sex offenders in certain residential areas. The commission shall analyze the impact of existing policies and practices and compare such policies and practices of this state to those of other states and the federal govern- ment. The commission shall collect data from state and federal agencies and may analyze any current research deemed relevant and appropriate. Specifically, the commission shall examine at least the following: (a) the existence of concentrations of registered sex offenders in certain residential areas and municipalities and the circumstances that caused such concentrations to exist; (b) the practices and procedures of the division of parole, local probation departments and local social services districts in investigat- ing and approving residences for convicted sex offenders; (c) the availability of appropriate housing for convicted sex offen- ders; (d) the adequacy of supervision and monitoring of registered sex offenders under the supervision of the division of parole or serving a sentence of probation; and (e) the effectiveness and availability of existing sex offender treat- ment programs and the need for additional sex offender treatment programs in prison, local correctional facilities and the community. S 3. The commission shall consist of thirteen members, to be appointed as follows: three members shall be appointed by the governor, one each from the department of corrections and community supervision, the divi- sion of parole, and the office of probation and correctional alterna- tives; six members, with three appointments by the temporary president of the senate and three by the speaker of the assembly, shall be repre- sentative of community-based providers of employment, education, housing and other services used by individuals returning to society from prison, criminal justice advocates, victim advocacy groups, and academic profes- sionals in the field of criminal justice; one member shall be appointed by the minority leader of the senate; and one member shall be appointed by the minority leader of the assembly. The remaining members shall be the head or designee of the division of the criminal justice services and the head or designee of the office of temporary and disability assistance. The chairperson of the commission shall be the head or designee of the division of criminal justice services. The vice-chair- person of the commission shall be a representative of one of the commu- nity-based organizations and appointed by the chairperson. Vacancies in the membership of the commission and among its officers shall be filled in the manner provided for original appointments or designations. S 4. The members of the commission shall receive no compensation for their services, but shall be allowed their actual and necessary expenses incurred in the performance of their duties hereunder. To the maximum extent feasible, the commission shall be entitled to request and receive and shall utilize and be provided with such facilities, resources, and data of any court, department, division, board, bureau, commission, or agency of the state or any political subdivision thereof as it deems necessary or desirable to carry out properly its powers and duties here- under. S 5. For the accomplishment of its purposes, the commission shall be authorized and empowered to undertake any studies, inquiries, surveys or analyses it may deem relevant in cooperation with or by agreement with any other public or private agency. The commission shall meet and hold
public hearings or private meetings within or without the state, and shall have all the powers of a legislative committee pursuant to the legislative law. S 6. The commission shall make a report of its findings, including any recommendations for legislative action as it may deem necessary and appropriate, to the governor, the temporary president of the senate, and the speaker of the assembly no later than one year after the effective date of this act. S 7. This act shall take effect immediately and shall expire and be deemed repealed 1 year after such effective date; provided that the appointment of members to the New York state commission on sex offender supervision and management shall be completed within 90 days of such effective date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus