S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1824
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of  A.  JEAN-PIERRE -- read once and referred to the
   Committee on Correction
 
 AN ACT to amend the  correction  law,  the  executive  law,  the  mental
   hygiene  law,  the penal law, and the social services law, in relation
   to the residence of a sex offender

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  4 of section 168-f of the correction law, as
 amended by chapter 67 of the laws of 2008, is amended and two new subdi-
 visions 4-a and 4-b are added to read as follows:
   4. Any sex offender shall register with the division no later than ten
 calendar days after any change of address, internet accounts with inter-
 net access providers belonging to such  offender,  internet  identifiers
 that such offender uses, or his or her status of enrollment, attendance,
 employment or residence at any institution of higher education. A fee of
 ten  dollars,  as authorized by subdivision eight of section one hundred
 sixty-eight-b of this article, shall be submitted by  the  sex  offender
 each time such offender registers any change of address or any change of
 his  or her status of enrollment, attendance, employment or residence at
 any institution of higher education. Any failure or omission  to  submit
 the  required fee shall not affect the acceptance by the division of the
 change of address or change of status.    ANY  FAILURE  OR  OMISSION  TO
 REGISTER  ANY  CHANGE  OF  ADDRESS OR ANY CHANGE OF HIS OR HER STATUS OF
 ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT  ANY  INSTITUTION  OF
 HIGHER  EDUCATION SHALL RESULT IN SENTENCE OF IMPRISONMENT FOR UP TO ONE
 YEAR, A FINE OF UP TO ONE THOUSAND DOLLARS, OR BOTH.
   4-A. A SEX OFFENDER REQUIRED TO REGISTER UNDER THIS  ARTICLE  WHO  HAS
 BEEN  GIVEN THE LEVEL THREE DESIGNATION, WHERE THE VICTIM OF A REGISTER-
 ING OFFENSE WAS UNDER THE AGE OF EIGHTEEN AT THE TIME OF  SUCH  OFFENSE,
 WHO HAS ESTABLISHED A RESIDENCE SHALL NOT CHANGE SAID RESIDENCE SO AS TO
 RESIDE  WITHIN  THE  AREA  DEFINED  AS  SCHOOL  GROUNDS, AS SUCH TERM IS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02943-01-3
              

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 DEFINED IN SUBDIVISION FOURTEEN OF SECTION 220.00 OF THE PENAL LAW,  THE
 MEASUREMENTS  TO BE TAKEN IN STRAIGHT LINES FROM THE CENTER OF THE NEAR-
 EST ENTRANCE OF  THE  RESIDENCE  TO  THE  REAL  PROPERTY  BOUNDARY  LINE
 COMPRISING SUCH SCHOOL GROUNDS.
   4-B.  A SEX OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE SHALL NOT
 RESIDE WITHIN A QUARTER MILE FROM  THE  WORKPLACE  AND  RESIDENCE  OF  A
 VICTIM  OF  SUCH SEX OFFENDER AND, IF SUCH SEX OFFENDER CAUSED THE DEATH
 OF A VICTIM, THE SEX OFFENDER SHALL NOT RESIDE  WITHIN  A  QUARTER  MILE
 FROM  THE  PRIOR RESIDENCE OF THE DECEASED VICTIM, IF THE SPOUSE, CHILD,
 STEP CHILD, SIBLING, PARENT, GRANDPARENT OR  GRANDCHILD  OF  THE  VICTIM
 CONTINUES TO RESIDE AT SUCH RESIDENCE.
   §  2.  Section  203  of  the correction law is amended by adding a new
 subdivision 3 to read as follows:
   3. SUCH GUIDELINES AND PROCEDURES PROMULGATED BY THE  COMMISSIONER  IN
 ACCORDANCE  WITH  SUBDIVISION  ONE  OF  THIS  SECTION SHALL PROHIBIT THE
 PLACEMENT OF SEX OFFENDERS DESIGNATED LEVEL THREE, WHERE THE  VICTIM  OF
 THEIR OFFENSE WAS UNDER THE AGE OF EIGHTEEN AT THE TIME OF SUCH OFFENSE,
 FROM RESIDING WITHIN THE AREA DEFINED AS SCHOOL GROUNDS, AS SUCH TERM IS
 DEFINED  IN SUBDIVISION FOURTEEN OF SECTION 220.00 OF THE PENAL LAW, THE
 MEASUREMENTS TO BE TAKEN IN STRAIGHT LINES FROM THE CENTER OF THE  NEAR-
 EST  ENTRANCE  OF  THE  RESIDENCE  TO  THE  REAL  PROPERTY BOUNDARY LINE
 COMPRISING SUCH SCHOOL GROUNDS.
   SUCH GUIDELINES AND PROCEDURES SHALL ALSO PROHIBIT  THE  PLACEMENT  OF
 SEX OFFENDERS DESIGNATED AS LEVEL TWO OR LEVEL THREE FROM RESIDING WITH-
 IN  A  QUARTER MILE FROM THE WORKPLACE AND RESIDENCE OF A VICTIM OF SUCH
 OFFENDER AND, IF SUCH OFFENDER CAUSED THE DEATH OF A VICTIM, THE  OFFEN-
 DER  SHALL  NOT BE PLACED WITHIN A QUARTER MILE FROM THE PRIOR RESIDENCE
 OF THE DECEASED VICTIM, IF  THE  SPOUSE,  CHILD,  STEP  CHILD,  SIBLING,
 PARENT,  GRANDPARENT  OR GRANDCHILD OF THE VICTIM CONTINUES TO RESIDE AT
 SUCH RESIDENCE.
   § 3. Subdivision 4 of section 243 of the executive law,  as  added  by
 chapter  568 of the laws of 2008 and the opening paragraph as amended by
 section 17 of part A of chapter 56 of the laws of 2010,  is  amended  to
 read as follows:
   4.  The  office  shall  recommend  to the commissioner rules and regu-
 lations which shall include guidelines and procedures on  the  placement
 of sex offenders designated as level two or level three offenders pursu-
 ant  to  article  six-C of the correction law, PROVIDED THAT SUCH RECOM-
 MENDED RULES AND REGULATIONS SHALL  PROHIBIT  THE  PLACEMENT  OF  A  SEX
 OFFENDER DESIGNATED AS A LEVEL THREE OFFENDER WITHIN THE AREA DEFINED AS
 SCHOOL  GROUNDS,  AS  SUCH  TERM  IS  DEFINED IN SUBDIVISION FOURTEEN OF
 SECTION 220.00 OF THE  PENAL  LAW,  THE  MEASUREMENTS  TO  BE  TAKEN  IN
 STRAIGHT  LINES FROM THE CENTER OF THE NEAREST ENTRANCE OF THE RESIDENCE
 TO THE REAL PROPERTY BOUNDARY LINE COMPRISING SUCH SCHOOL GROUNDS.
   SUCH RECOMMENDED RULES AND REGULATIONS SHALL ALSO PROHIBIT THE  PLACE-
 MENT  OF A SEX OFFENDER DESIGNATED AS A LEVEL TWO OR THREE FROM RESIDING
 WITHIN A QUARTER MILE FROM THE WORKPLACE AND RESIDENCE OF  A  VICTIM  OF
 SUCH  OFFENDER  AND,  IF SUCH OFFENDER CAUSED THE DEATH OF A VICTIM, THE
 OFFENDER SHALL NOT BE PLACED WITHIN A QUARTER MILE FROM THE PRIOR  RESI-
 DENCE OF THE DECEASED VICTIM, IF THE SPOUSE, CHILD, STEP CHILD, SIBLING,
 PARENT,  GRANDPARENT  OR GRANDCHILD OF THE VICTIM CONTINUES TO RESIDE AT
 SUCH RESIDENCE. Such regulations shall instruct local probation  depart-
 ments  to  consider certain factors when investigating and approving the
 residence of level two or level three sex offenders sentenced to a peri-
 od of probation. Such factors shall include the following:
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   (a) the location of other sex offenders required to register under the
 sex offender registration act, specifically whether there is  a  concen-
 tration  of  registered  sex  offenders in a certain residential area or
 municipality;
   (b)  the  number  of registered sex offenders residing at a particular
 property;
   (c) the proximity of entities with vulnerable populations;
   (d) accessibility to  family  members,  friends  or  other  supportive
 services,  including  but  not limited to locally available sex offender
 treatment programs with preference for  placement  of  such  individuals
 into  programs  that  have  demonstrated  effectiveness  in reducing sex
 offender recidivism and increasing public safety; and
   (e) the availability of permanent, stable housing in order  to  reduce
 the likelihood that such offenders will be transient.
   §  4.  Subdivision  (a) of section 10.11 of the mental hygiene law, as
 added by chapter 7 of the laws of 2007, paragraphs 1 and 2 as amended by
 section 118-e of subpart B of part C of chapter 62 of the laws of  2011,
 is amended to read as follows:
   (a) (1) Before ordering the release of a person to a regimen of strict
 and  intensive  supervision  and treatment pursuant to this article, the
 court shall order that  the  department  of  corrections  and  community
 supervision  recommend  supervision  requirements  to  the  court. These
 supervision requirements, which shall be developed in consultation  with
 the  commissioner,  SHALL  INCLUDE  A PROHIBITION AGAINST A SEX OFFENDER
 DESIGNATED AS A LEVEL THREE OFFENDER RESIDING WITHIN THE AREA DEFINED AS
 SCHOOL GROUNDS, AS SUCH TERM  IS  DEFINED  IN  SUBDIVISION  FOURTEEN  OF
 SECTION  220.00  OF  THE  PENAL  LAW,  THE  MEASUREMENTS  TO BE TAKEN IN
 STRAIGHT LINES FROM THE CENTER OF THE NEAREST ENTRANCE OF THE  RESIDENCE
 TO  THE  REAL PROPERTY BOUNDARY LINE COMPRISING SUCH SCHOOL GROUNDS, AND
 SHALL INCLUDE A PROHIBITION AGAINST A SEX OFFENDER FROM RESIDING  WITHIN
 A  QUARTER MILE FROM THE WORKPLACE AND RESIDENCE OF A VICTIM OF SUCH SEX
 OFFENDER AND, IF SUCH SEX OFFENDER CAUSED THE DEATH OF A VICTIM, THE SEX
 OFFENDER SHALL NOT RESIDE WITHIN A QUARTER MILE FROM THE PRIOR RESIDENCE
 OF THE DECEASED VICTIM, IF  THE  SPOUSE,  CHILD,  STEP  CHILD,  SIBLING,
 PARENT,  GRANDPARENT  OR GRANDCHILD OF THE VICTIM CONTINUES TO RESIDE AT
 SUCH RESIDENCE AND may include but need not be  limited  to,  electronic
 monitoring  or  global positioning satellite tracking for an appropriate
 period of time, polygraph monitoring, specification of residence or type
 or residence, prohibition of contact with identified past  or  potential
 victims,  strict  and intensive supervision by a parole officer, and any
 other lawful and necessary conditions that may be imposed by a court. In
 addition, after consultation  with  the  psychiatrist,  psychologist  or
 other  professional  primarily treating the respondent, the commissioner
 shall recommend a specific course of treatment. A  copy  of  the  recom-
 mended  requirements for supervision and treatment shall be given to the
 attorney general and the respondent and his or her counsel a  reasonable
 time before the court issues its written order pursuant to this section.
   (2)  Before  issuing  its  written  order,  the court shall afford the
 parties an opportunity to be heard, and shall  consider  any  additional
 submissions  by  the  respondent and the attorney general concerning the
 proposed conditions of the regimen of strict and  intensive  supervision
 and  treatment. The court shall issue an order specifying the conditions
 of the regimen of strict and intensive supervision and treatment,  which
 shall include A PROHIBITION AGAINST A SEX OFFENDER DESIGNATED AS A LEVEL
 THREE  OFFENDER  RESIDING  WITHIN THE AREA DEFINED AS SCHOOL GROUNDS, AS
 SUCH TERM IS DEFINED IN SUBDIVISION FOURTEEN OF SECTION  220.00  OF  THE
 A. 1824                             4
 
 PENAL  LAW,  THE  MEASUREMENTS  TO  BE  TAKEN IN STRAIGHT LINES FROM THE
 CENTER OF THE NEAREST ENTRANCE OF THE RESIDENCE  TO  THE  REAL  PROPERTY
 BOUNDARY  LINE  COMPRISING  SUCH SCHOOL GROUNDS, A PROHIBITION AGAINST A
 SEX  OFFENDER FROM RESIDING WITHIN A QUARTER MILE FROM THE WORKPLACE AND
 RESIDENCE OF A VICTIM OF SUCH SEX OFFENDER AND,  IF  SUCH  SEX  OFFENDER
 CAUSED THE DEATH OF A VICTIM, THE SEX OFFENDER SHALL NOT RESIDE WITHIN A
 QUARTER  MILE  FROM  THE  PRIOR RESIDENCE OF THE DECEASED VICTIM, IF THE
 SPOUSE, CHILD, STEP CHILD, SIBLING, PARENT, GRANDPARENT OR GRANDCHILD OF
 THE VICTIM CONTINUES TO RESIDE AT SUCH RESIDENCE, specified  supervision
 requirements  and  compliance  with  a  specified course of treatment. A
 written statement of the conditions of the regimen of strict and  inten-
 sive  supervision  and treatment shall be given to the respondent and to
 his or her counsel, any designated service providers or treating profes-
 sionals, the commissioner, the  attorney  general  and  the  supervising
 parole  officer.  The  court shall require the department of corrections
 and community supervision to take appropriate actions to  implement  the
 supervision  plan and assure compliance with the conditions of the regi-
 men of strict and intensive supervision and treatment AND TO INVESTIGATE
 AND APPROVE THE LOCATION OF THE  RESPONDENT'S  RESIDENCE  AND  PLACE  OF
 EMPLOYMENT.  A regimen of strict and intensive supervision does not toll
 the  running of any form of supervision in criminal cases, including but
 not limited to post-release supervision and parole.
   § 5. 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 and two
 new paragraphs (a-1) and (a-2) are added 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] ONE HUNDRED SIXTY-EIGHT-L
 of the correction law, the court shall require, as a mandatory condition
 of such sentence, that such sentenced offender shall refrain from  know-
 ingly  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, 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  facility, institution or grounds, enter such facility, institution
 or upon  such  grounds  for  the  limited  purposes  authorized  by  the
 probation  officer  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.
   (A-1) WHEN IMPOSING A SENTENCE OF PROBATION OR  CONDITIONAL  DISCHARGE
 UPON A PERSON DESIGNATED A LEVEL THREE SEX OFFENDER, WHERE THE VICTIM OF
 THEIR OFFENSE WAS UNDER THE AGE OF EIGHTEEN AT THE TIME OF SUCH OFFENSE,
 THE COURT SHALL REQUIRE, AS A MANDATORY CONDITION OF SUCH SENTENCE, THAT
 SUCH  SENTENCED  OFFENDER  SHALL  NOT  RESIDE WITHIN THE AREA DEFINED AS
 SCHOOL GROUNDS, AS SUCH TERM  IS  DEFINED  IN  SUBDIVISION  FOURTEEN  OF
 SECTION 220.00 OF THIS CHAPTER, THE MEASUREMENTS TO BE TAKEN IN STRAIGHT
 A. 1824                             5
 
 LINES  FROM  THE  CENTER OF THE NEAREST ENTRANCE OF THE RESIDENCE TO THE
 REAL PROPERTY BOUNDARY LINE COMPRISING SUCH SCHOOL GROUNDS.
   (A-2)  WHEN  IMPOSING A SENTENCE OF PROBATION OR CONDITIONAL DISCHARGE
 UPON A PERSON CONVICTED OF A SEX OFFENSE UNDER ARTICLE ONE HUNDRED THIR-
 TY OF THIS CHAPTER, THE COURT SHALL REQUIRE, AS MANDATORY CONDITIONS  OF
 SUCH  SENTENCE, THAT SUCH SENTENCED OFFENDER BE PROHIBITED FROM RESIDING
 WITHIN A QUARTER MILE FROM THE WORKPLACE AND RESIDENCE OF  A  VICTIM  OR
 VICTIMS  OF  SUCH  SENTENCED  OFFENDER  AND,  IF SUCH SENTENCED OFFENDER
 CAUSED THE DEATH OF A VICTIM THE SENTENCED  OFFENDER  SHALL  NOT  RESIDE
 WITHIN  A  QUARTER MILE FROM THE PRIOR RESIDENCE OF THE DECEASED VICTIM,
 IF THE SPOUSE, CHILD, STEP CHILD, SIBLING, PARENT, GRANDPARENT OR GRAND-
 CHILD OF THE VICTIM CONTINUES TO RESIDE AT SUCH RESIDENCE.
   § 6. Subdivision 8 of section  20  of  the  social  services  law,  as
 amended  by section 150 of subpart B of part C of chapter 62 of the laws
 of 2011, is amended to read as follows:
   8. (a) The office of temporary and disability assistance shall promul-
 gate rules and regulations for the administration of  this  subdivision.
 The  rules  and regulations shall provide for the conditions under which
 local social services officials determine the  placement  of  applicants
 for  and  recipients  of public assistance for whom a notice pursuant to
 section two hundred three of the correction law, has been  received  and
 who are:
   (i) determined to be in immediate need of shelter; and
   (ii)  designated  a  level two or level three sex offender pursuant to
 article six-C of the correction law.
   (b) When making determinations in regard  to  the  placement  of  such
 individuals  in shelter, local social services officials shall NOT PLACE
 A LEVEL THREE OFFENDER WITHIN AN AREA DEFINED AS SCHOOL GROUNDS, AS SUCH
 TERM IS DEFINED IN SUBDIVISION FOURTEEN OF SECTION 220.00 OF  THE  PENAL
 LAW,  THE  MEASUREMENTS TO BE TAKEN IN STRAIGHT LINES FROM THE CENTER OF
 THE NEAREST ENTRANCE OF THE RESIDENCE TO THE REAL PROPERTY BOUNDARY LINE
 COMPRISING SUCH SCHOOL GROUNDS, AND SHALL NOT PLACE ANY OFFENDER  WITHIN
 A  QUARTER  MILE FROM THE WORKPLACE AND RESIDENCE OF A VICTIM OR VICTIMS
 OF SUCH OFFENDER AND, IF SUCH OFFENDER CAUSED THE DEATH OF A VICTIM  THE
 OFFENDER  SHALL NOT BE PLACED WITHIN A QUARTER MILE FROM THE PRIOR RESI-
 DENCE OF THE DECEASED VICTIM, IF THE SPOUSE, CHILD, STEP CHILD, SIBLING,
 PARENT, GRANDPARENT OR GRANDCHILD OF THE VICTIM CONTINUES TO  RESIDE  AT
 SUCH RESIDENCE AND SHALL consider the following factors:
   (i)  the location of other sex offenders required to register pursuant
 to the sex offender registration act, specifically whether  there  is  a
 concentration  of registered sex offenders in a certain residential area
 or municipality;
   (ii) the number of registered sex offenders residing at  a  particular
 property;
   (iii) proximity of the entities with vulnerable populations;
   (iv)  accessibility  to  family  members,  friends or other supportive
 services, including but not limited to locally  available  sex  offender
 treatment  programs  with  preference  for placement of such individuals
 into programs that  have  demonstrated  effectiveness  in  reducing  sex
 offender recidivism and increasing public safety; and
   (v)  investigation and approval of such placement by the department of
 corrections and community supervision.
   § 7.  Local and/or state law enforcement agencies  or  their  designee
 may  monitor  and verify sex offender registration compliance, and coun-
 ties may enact, by local law or resolution, requirements for sex  offen-
 ders  to provide information to law enforcement agencies or their desig-
 A. 1824                             6
 
 nee, to verify their home  and  employment  addresses  which  have  been
 registered  pursuant  to the provisions of the sex offender registration
 act.
   § 8. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.