BILL NUMBER:S6600

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

PURPOSE:

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.

JUSTIFICATION:

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.

LEGISLATIVE HISTORY:

New Bill


FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:

Immediate.