Directs the commissioner of corrections and community supervision to obtain, on a quarterly basis, an updated list of elementary and secondary schools.
Ayes (12): Gallivan, Carlucci, Griffo, Little, Maziarz, Nozzolio, Ritchie, Hassell-Thompson, Montgomery, Hoylman, Peralta, Rivera
Ayes W/R (1): DeFrancisco
Ayes (53): Addabbo, Avella, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young
Nays (4): Ball, Dilan, Perkins, Zeldin
Excused (4): Espaillat, Golden, Hassell-Thomps, Smith
TITLE OF BILL: An act to amend the executive law, directing the commissioner of corrections and community supervision to apply for quarterly listings of all elementary and secondary schools in the state
To ensure that staff at the Parole Board and the Director of Probation and Correctional Alternatives has the most updated list of elementary and secondary schools so that such information can be used to ensure that level II and III registered sex offenders are not placed near such schools when such persons are either released from prison on parole or are placed on probation.
SUMMARY OF PROVISIONS:
Section 1: Adds a new Executive Law section 259-f to direct the Commissioner of Corrections and Community Supervision (DOCCS) to obtain, on a quarterly basis, an updated list of every elementary and secondary school in the state from Commissioner of Education.The purpose of this bill is to ensure that DOCCS has the latest information on the location of elementary and secondary schools. While there are not significant differences in such lists, new elementary and secondary schools do open up, and older schools are closed from time to time. However, the lists used by DOCCS and local probation departments do not reflect this new information. Hence, when conducting their work, DOCCS and local probation departments can accidentally place Level II and III sex offenders within 1,000 feet of such a school. Further, those sex offenders that at one point where not located within 1,000 feet of a school, can find themselves within such area when a new school is opened. This bill helps to remedy that situation for both new schools that open and those that close.
Under current law, DOCCS, and its Divisions of Parole and Probation & Correctional Alternatives have lists of all elementary and secondary schools in this State.This list is used by such divisions to ensure that registered level II and III sex offenders are not placed to live within 1,000 feet of a school. Further, this list is disseminated to local probation officers to ensure that those on probation are not allowed to live within 1,000 feet of a elementary or secondary school. It has come to the Senate sponsor's attention, that since the lists of schools used is not updated frequently, that such registered sex offenders can accidently be placed near new schools that have recently been built. Further, there have been sex offenders, while complying with the 1,000 foot distance requirement, at one point, may violate that requirement once a new school has been constructed. Further, such sex offenders have been precluded from an area even though a school has recently closed. This bill should help to remedy this situation.
STATE OF NEW YORK ________________________________________________________________________ 6600 IN SENATE February 11, 2014 ___________Introduced by Sen. KLEIN -- 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 executive law, directing the commissioner of corrections and community supervision to apply for quarterly listings of all elementary and secondary schools in the state THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The executive law is amended by adding a new section 259-f to read as follows: S 259-F. QUARTERLY REPORTS OF SCHOOLS. 1. ON A QUARTERLY BASIS THE COMMISSIONER SHALL OBTAIN AN UPDATED LIST FROM THE COMMISSIONER OF EDUCATION, OF EVERY ELEMENTARY AND SECONDARY SCHOOL IN THE STATE. 2. THE COMMISSIONER SHALL DISTRIBUTE THE INFORMATION RECEIVED PURSUANT TO SUBDIVISION ONE OF THIS SECTION TO THE BOARD AND TO THE DIRECTOR OF PROBATION AND CORRECTIONAL ALTERNATIVES. 3. ON OR BEFORE FEBRUARY FIRST EACH YEAR, THE COMMISSIONER SHALL NOTI- FY THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY, ON THE COMPLIANCE WITH THIS SECTION. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13812-03-4