BILL NUMBER:A10543

TITLE OF BILL:
An act
to amend the correction law, in relation to
establishing additional restrictions on parole and relocation for certain
sex offenders

PURPOSE OR GENERAL IDEA OF BILL:
To allow localities
to limit the
number of high-risk sex offenders who are placed or located within
residential areas of a municipality or portion of a municipality that
already contains a high concentration of such individuals.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends
Correction Law
section 168-1(5) (c) to require the Board of Examiners of Sex
Offenders in establishing their criteria for classifying sexual
offenders and their ultimate release to consider the existence of
provisions to minimize the number of such individuals placed within
one residential areas of a municipality that already contain s a high
concentration of or portion of one municipality.

Section 2: Adds a new section 168-11 to the correction law directing
              

the Division of Criminal Justice Services, in consultation and
cooperation with the Sex Offender Board of Examiners, Division of
Parole, Department of Mental Hygiene and local probation departments
throughout the state to develop guidelines regarding the placement,
location, relocation or settlement of Level 2 and Level 3 sex
offenders in our communities for the purpose of minimizing the number
of sex offenders placed within a residential area or an area that
already contains a high concentration of sex offenders. These
guidelines/procedures shall include but not be limited to: (1)
allowing municipalities to reject the placement of additional level
2 and level 3 sex offenders in their communities.
Factors to be considered when making this determination 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 individuals to provide financial, psychological, social, and
moral support to such individuals in order to minimize the risk of
re-offense; and (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, including, but not limited to, schools, day
care centers, playgrounds, or any other facility or area that
attracts children or in which children congregate; (2) permitting a

municipality to allow or reject the establishment of a secure
community residence in its community; and (3) allowing municipalities
to limit the number of level 2 and level 3 sex offenders to one
per address.

Section 3: Effective date.

JUSTIFICATION:
This measure would help prevent high concentrations of
sex offenders from being placed in anyone particular community.
Municipalities would be authorized to accept or reject the placement
of additional high-risk level 2 and level 3 sex offenders within
their communities based upon guidelines established by DCJS and other
appropriate state agencies. Under the bill. areas where such
offenders could be placed would be required to provide the necessary
support and services
to reduce the likelihood of re-offense and not in close proximity to
areas where children congregate.

The state Division of Parole, by design, will place several sex
offenders in one facility. believing it is effective to keep them in
one place for monitoring purposes. However, this policy is causing
great concern and instilling fear in nearby residents. especially
those with small children. This bill allows municipalities to reject
the establishment of a secure community residence as well as limit
the number of sex offenders living in one residence to one per address.

PRIOR LEGISLATIVE HISTORY:
2008: A.5548; Held for consideration in correction
2007: A.5548; Referred to correction
2006: A.9428; Held in Correction

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.