senate Bill S1856A

Restricts the residency of certain sex offenders

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 13 / Jan / 2011
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 03 / May / 2011
    • 1ST REPORT CAL.529
  • 04 / May / 2011
    • 2ND REPORT CAL.
  • 09 / May / 2011
    • ADVANCED TO THIRD READING
  • 06 / Jun / 2011
    • AMENDED ON THIRD READING 1856A
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 20 / Mar / 2012
    • 1ST REPORT CAL.434
  • 21 / Mar / 2012
    • 2ND REPORT CAL.
  • 22 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2012
    • PASSED SENATE
  • 20 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 20 / Jun / 2012
    • REFERRED TO CORRECTION

Summary

Restricts the residency of certain sex offenders; provides guidelines for the location of level two and level three sex offenders; allows municipalities to reject the placement of additional level two and level three sex offenders in such municipality if certain factors and requirements are met.

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Bill Details

See Assembly Version of this Bill:
A2087B
Versions:
S1856
S1856A
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
Correction Law
Laws Affected:
Add ยง168-ll, Cor L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S2097, A5236
2007-2008: A6245

Sponsor Memo

BILL NUMBER:S1856A

TITLE OF BILL:

An act
to amend the correction law, in relation to restricting
the residency of certain sex offenders

PURPOSE:;

Sex offenders often live in close proximity to one another, either in
the same dwelling or in the same neighborhood. This legislation would
restrict the number of level 2 and level 3 sex offenders that could
live in an area if a high concentration of sex offenders were
already living in the area or if the municipality lacked the support
services to properly keep track of the offenders living in the
community.

SUMMARY OF PROVISIONS:;

The corrections law is amended by adding a new section 168-11

JUSTIFICATION:

Oftentimes sex offenders will move in with, or near, other sex
offenders, placing a greater burden on the municipality to keep track
of all registered offenders.

A high concentration of sex offenders living in a community
increases the risk of are-offense and parents may be hesitant to
raise their children in communities where high numbers of sex
offenders are living,

This legislation would help to ensure that level 2 and level 3sex
offenders arc not placed or located into communities where they
cannot be monitored and where they will impose an increased risk to
residents of the communities.

LEGISLATIVE HISTORY:;

2009-10: S.2097
2007-08: S.3419

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                 1856--A
    Cal. No. 529

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 13, 2011
                               ___________

Introduced  by Sens. LAVALLE, GRISANTI, MAZIARZ, YOUNG -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Crime  Victims,  Crime  and Correction -- reported favorably from said
  committee, ordered to first and second  report,  ordered  to  a  third
  reading,  amended  and  ordered  reprinted, retaining its place in the
  order of third reading

AN ACT to amend the correction law, in relation to restricting the resi-
  dency of certain sex offenders

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The correction law is amended by adding a new section 168-
ll to read as follows:
  S 168-LL. GUIDELINES FOR LOCATION FOR LEVEL TWO AND  LEVEL  THREE  SEX
OFFENDERS.  THE DIVISION, IN CONSULTATION AND COOPERATION WITH THE BOARD
OF EXAMINERS OF SEX OFFENDERS, DIVISION OF PAROLE, DEPARTMENT OF  MENTAL
HYGIENE,  AND  LOCAL  PROBATION  DEPARTMENTS  THROUGHOUT THE STATE SHALL
DEVELOP GUIDELINES AND PROCEDURES  ON  THE  PLACEMENT,  LOCATION,  RELO-
CATION,  OR SETTLEMENT OF LEVEL TWO AND LEVEL THREE SEX OFFENDERS WITHIN
THE COMMUNITY. SUCH GUIDELINES AND PROCEDURES SHALL BE BASED  UPON,  BUT
NOT LIMITED TO, THE FOLLOWING:
  1.  THAT  MUNICIPALITIES  BE  ALLOWED TO REJECT THE PLACEMENT OF ADDI-
TIONAL LEVEL TWO AND LEVEL THREE SEX  OFFENDERS  IN  SUCH  MUNICIPALITY.
FACTORS  TO  BE  CONSIDERED  IN DETERMINING WHETHER A MUNICIPALITY SHALL
ACCEPT ANY MORE SUCH INDIVIDUALS SHALL INCLUDE:
  (A) THAT SUCH INDIVIDUALS ARE NOT  CURRENTLY  OVERLY  CONCENTRATED  IN
RESIDENTIAL AREAS OF ONE MUNICIPALITY OR PORTION OF A MUNICIPALITY;
  (B)  ALL  EFFORTS  ARE  BEING MADE TO LOCATE SUCH INDIVIDUALS IN AREAS
THAT HAVE ADEQUATE SUPPORT SERVICES TO MINIMIZE THE RISK OF RE-OFFENSE;
  (C) THAT FAMILY AND FRIENDS ARE LOCATED REASONABLY CLOSE TO SUCH INDI-
VIDUALS TO PROVIDE FINANCIAL, PSYCHOLOGICAL, SOCIAL, AND  MORAL  SUPPORT
TO SUCH INDIVIDUALS IN ORDER TO MINIMIZE THE RISK OF RE-OFFENSE; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03798-03-1

S. 1856--A                          2

  (D)  MEASURES  ARE TAKEN TO ENSURE THAT SUCH INDIVIDUALS ARE PLACED IN
COMMUNITIES THAT CAN PHYSICALLY ACCOMMODATE SUCH  INDIVIDUALS  AND  THAT
SUCH  INDIVIDUALS  ARE NOT LOCATED NEAR RE-OFFENSE RISK CENTERS, INCLUD-
ING, BUT NOT LIMITED TO, SCHOOLS, DAY CARE CENTERS, PLAYGROUNDS, OR  ANY
OTHER  FACILITY  OR  AREA  THAT  ATTRACTS  CHILDREN OR IN WHICH CHILDREN
CONGREGATE;
  2. THAT MUNICIPALITIES SHALL BE PERMITTED TO ALLOW OR REJECT A  SECURE
COMMUNITY  RESIDENCE  FOR LEVEL TWO AND LEVEL THREE SEX OFFENDERS WITHIN
SUCH MUNICIPALITY; AND
  3. THAT MUNICIPALITIES SHALL BE ALLOWED  TO  RESTRICT  THE  NUMBER  OF
LEVEL  TWO  AND  LEVEL  THREE  SEX OFFENDERS AT A RESIDENCE, UNLESS SUCH
PERSONS ARE LEGALLY RELATED BY  BLOOD,  MARRIAGE  OR  ADOPTION,  IN  THE
FOLLOWING MANNER:
  (A)  IN  A  MULTIFAMILY DWELLING, MAY RESTRICT THE NUMBER OF LEVEL TWO
AND LEVEL THREE SEX OFFENDERS TO LESS THAN TEN PERCENT OF THE NUMBER  OF
DWELLING  UNITS  THAT  ARE CONTAINED IN THE MULTIFAMILY DWELLING AND MAY
RESTRICT THE NUMBER OF LEVEL TWO AND LEVEL  THREE  SEX  OFFENDERS  IN  A
MULTIFAMILY DWELLING UNIT TO ONE; AND
  (B)  IN  ANY  SINGLE FAMILY DWELLING, MAY RESTRICT THE NUMBER OF LEVEL
TWO AND LEVEL THREE SEX OFFENDERS RESIDING THEREIN TO ONE;
  (C) FOR THE PURPOSES OF THIS SECTION:
  (1) "MULTIFAMILY DWELLING" MEANS A  BUILDING  OR  BUILDINGS  THAT  ARE
LOCATED  IN  AN AREA ZONED RESIDENTIAL, THAT ARE ATTACHED TO EACH OTHER,
THAT CONTAIN TWO OR MORE DWELLING UNITS, INCLUDING TRIPLEXES, FOURPLEXES
AND APARTMENTS, AND THAT HAVE AS THEIR PRIMARY ACCESS A  COMMON  HALLWAY
OR CORRIDOR.
  (2)  "MULTIFAMILY  DWELLING  UNIT"  MEANS  ONE  OR MORE ROOMS WITHIN A
BUILDING THAT ARE ARRANGED, DESIGNED OR USED  FOR  RESIDENTIAL  PURPOSES
AND THAT CONTAIN INDEPENDENT SANITARY AND COOKING FACILITIES.
  S 2. This act shall take effect immediately.

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