S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1647
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced  by Sen. CARLUCCI -- 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 and the penal law,
   in relation to sex offender's notice of residency requirements

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 168-b of the correction law is amended by adding  a
 new subdivision 13 to read as follows:
   13.  THE  DIVISION, WHEN ACKNOWLEDGING INITIAL REGISTRATION AND THERE-
 AFTER IN ANNUAL CORRESPONDENCE, SHALL ADVISE EACH SEX OFFENDER  TO  WHOM
 THE  RESIDENCY  RESTRICTION  IN  SECTION TWO HUNDRED FIFTY-NINE-C OF THE
 EXECUTIVE LAW OR SECTION 65.10 OF THE PENAL LAW APPLIES, CONCERNING  THE
 TERMS AND SPECIFIC DURATION OF SUCH RESTRICTION.
   § 2.  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 three sex offen-
 der  pursuant to subdivision six of section one hundred sixty-eight-l of
 the correction law, is released  on  parole  or  conditionally  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 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  WITHIN  ONE  THOUSAND  FEET OF A PARK OR BUILDING IN WHICH CHILD DAY
 CARE IS PROVIDED, provided however, that when such sentenced offender is
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01959-01-7

 S. 1647                             2
 
 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 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  subdivision  shall be construed as
 restricting any lawful condition of supervision that may be  imposed  on
 such sentenced offender.
   §  3.  Section  259-c  of the executive law is amended by adding a new
 subdivision 18 to read as follows:
   18. WHEN THE PROVISIONS OF SUBDIVISION FOURTEEN OF THIS SECTION  APPLY
 CONCERNING CERTAIN RESTRICTIONS ON RESIDENCE, THE BOARD SHALL NOTIFY THE
 PERSON RELEASED OF THE RESTRICTION IN WRITING AND DIRECT THE SUPERVISING
 PAROLE  OFFICER  TO NOTIFY SUCH PERSON OF SUCH RESTRICTION ORALLY AND IN
 WRITING.
   § 4. 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  three  sex  offender
 pursuant  to subdivision six of section 168-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 chapter, 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 WITHIN ONE THOUSAND FEET OF A  PARK  OR  BUILDING  IN  WHICH
 CHILD  DAY  CARE IS PROVIDED, 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 facili-
 ty, institution or grounds, enter such  facility,  institution  or  upon
 such  grounds for the limited purposes authorized by the probation offi-
 cer or the court and superintendent or chief officer.  Nothing  in  this
 subdivision  shall  be  construed as restricting any lawful condition of
 supervision that may be imposed on such sentenced offender.
   § 5. Section 65.10 of the penal law is amended by adding a new  subdi-
 vision 6 to read as follows:
   6.  NOTICE  OF  RESIDENCY  REQUIREMENTS  FOR  SEX  OFFENDERS. WHEN THE
 PROVISIONS OF  SUBDIVISION  FOUR-A  OF  THIS  SECTION  APPLY  CONCERNING
 CERTAIN  RESTRICTIONS ON RESIDENCE, THE COURT SHALL NOTIFY THE DEFENDANT
 OF THE RESTRICTION IN WRITING  AND  THE  SUPERVISING  PROBATION  OFFICER
 SHALL NOTIFY THE OFFENDER OF THE RESTRICTION ORALLY AND IN WRITING.
   §  6.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.