Requires any level three sex offender who has committed a violent crime against a child to wear an electronic monitoring device for life; provides that such sex offender shall bear the cost of such device.
TITLE OF BILL: An act to amend the correction law, in relation to requiring certain level three sex offenders to wear an electronic monitoring device for life
PURPOSE: The law would require all Level 3 Sexual Offenders who have been convicted of violent crimes against children wear an electronic monitoring device for life with the cost to be absorbed by the sexual offender and not the state or local municipality.
SUMMARY OF PROVISIONS: Amends paragraph (b-2) of subdivision 2 of section 168-f of the correction law, as added by section 2 of part 0 of chapter 56 of the laws of 2005.
JUSTIFICATION: For those that have been found guilty of sexual offenses against children, incarceration is not a cure and will not deter them from re-offending. In fact, recidivism for these crimes is very high. New York State must do more to protect children from convicted sex offenders who have served their time and are released back into the community. Technology now exists that will allow for 24 hour monitoring of violent criminals. Therefore, we must use that technology to protect our children. If enacted, this bill would require the lifetime monitoring of Level 3 Sex offenders who have perpetrated acts against children. This will allow law enforcement to know immediately if offenders are in an area that they are prohibited.
PRIOR LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect on the one hundred and twentieth day after it shall have become a law and shall apply to any level three sex offender convicted of any violent crime against child on or after the effective date of this act.
STATE OF NEW YORK ________________________________________________________________________ 5713 2013-2014 Regular Sessions IN SENATE June 6, 2013 ___________Introduced by Sen. ROBACH -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction AN ACT to amend the correction law, in relation to requiring certain level three sex offenders to wear an electronic monitoring device for life THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (b-2) of subdivision 2 of section 168-f of the correction law, as added by section 2 of part O of chapter 56 of the laws of 2005, is amended to read as follows: (b-2) If the sex offender has been given a level three designation, he or she shall personally appear at the law enforcement agency having jurisdiction within twenty days of the first anniversary of the sex offender's initial registration and every year thereafter during the period of registration for the purpose of providing a current photograph of such offender. The law enforcement agency having jurisdiction shall photograph the sex offender and shall promptly forward a copy of such photograph to the division. For purposes of this paragraph, if such sex offender is confined in a state or local correctional facility, the local law enforcement agency having jurisdiction shall be the warden, superintendent, sheriff or other person in charge of the state or local correctional facility. SUCH SEX OFFENDER WHO HAS BEEN CONVICTED OF ANY VIOLENT CRIME AGAINST A CHILD SHALL WEAR AN ELECTRONIC MONITORING DEVICE FOR THE DURATION OF HIS OR HER LIFE. SUCH SEX OFFENDER SHALL BEAR THE COST OF SUCH ELECTRONIC MONITORING DEVICE. S 2. This act shall take effect on the one hundred twentieth day after it shall have become a law and shall apply to any level three sex offen- der convicted of any violent crime against a child on or after the effective date of this act.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11374-01-3