S T A T E   O F   N E W   Y O R K
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                                   946

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. McDONOUGH, CONTE, SALADINO, RAIA, ALFANO, BALL,
  WALKER, TEDISCO -- Multi-Sponsored by -- M. of A.  AMEDORE,  BACALLES,
  BARCLAY,  BARRA,  BURLING,  BUTLER,  CALHOUN,  CROUCH,  ERRIGO, FINCH,
  FITZPATRICK,  HAYES,  KOLB,  MILLER,  OAKS,  O'MARA,  QUINN,  RABBITT,
  SAYWARD, SCOZZAFAVA, SPANO, THIELE, TOBACCO, TOWNSEND -- read once and
  referred to the Committee on Correction

AN  ACT  to amend the correction law, in relation to requiring the elec-
  tronic monitoring of certain sex offenders

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

  Section 1. Section 168-w of the correction law, as relettered by chap-
ter 604 of the laws of 2005, is relettered 168-x and a new section 168-w
is added to read as follows:
  S  168-W.  ELECTRONIC  MONITORING OF CERTAIN SEX OFFENDERS. 1. ANY SEX
OFFENDER HAVING BEEN ASSIGNED A LEVEL THREE RISK OR DESIGNATED A  SEXUAL
PREDATOR, A SEXUALLY VIOLENT OFFENDER OR A PREDICATE SEX OFFENDER, WHOSE
CRIME  WAS  COMMITTED  PRIOR  TO, ON OR AFTER THE EFFECTIVE DATE OF THIS
SECTION SHALL BE PLACED ON ELECTRONIC MONITORING.
  2. THE DIVISION SHALL ESTABLISH A SYSTEM OF ACTIVE ELECTRONIC MONITOR-
ING THAT IDENTIFIES THE LOCATION OF A SEX OFFENDER REQUIRED TO BE  MONI-
TORED  PURSUANT TO SUBDIVISION ONE OF THIS SECTION AND THAT CAN PRODUCE,
UPON REQUEST, REPORTS OR RECORDS OF THE SEX OFFENDER'S PRESENCE NEAR  OR
WITHIN  A CRIME SCENE OR PROHIBITED AREA OR THE SEX OFFENDER'S DEPARTURE
FROM SPECIFIED GEOGRAPHIC LIMITATIONS.
  3. THE DIVISION SHALL ALSO  PROMULGATE  REGULATIONS  IMPLEMENTING  THE
IMPOSITION  AND  COLLECTION  OF  FEES  RELATED  TO ELECTRONIC MONITORING
PURSUANT TO THIS SECTION. SUCH REGULATIONS SHALL UTILIZE  A  MEANS  TEST
BASED  ON  TWO HUNDRED PERCENT OF THE FEDERAL POVERTY GUIDELINES PROMUL-
GATED ANNUALLY BY THE FEDERAL DEPARTMENT OF HEALTH  AND  HUMAN  SERVICES
AND IF THE SEX OFFENDER FALLS BELOW SUCH PERCENTAGE THEN NO FEE SHALL BE

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

                                                           LBD01459-01-9

A. 946                              2

CHARGED,  AND  EARNINGS  ABOVE  SUCH PERCENTAGE SHALL BE CONSIDERED ON A
SLIDING SCALE. SUCH REGULATIONS SHALL ALSO PROVIDE THAT THE DIVISION  OF
PAROLE  OR  THE  DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES, AS
APPLICABLE,  CONSIDER  ANY  ADDITIONAL TEST OR INDICIA THAT DEMONSTRATES
THE INABILITY OF THE SEX OFFENDER TO PAY SUCH FEES.   EMPLOYEES  OF  THE
DIVISION  OF PAROLE OR THE DIVISION OF PROBATION AND CORRECTIONAL ALTER-
NATIVES  SHALL  BE  PROHIBITED  FROM  COLLECTING  ELECTRONIC  MONITORING
RELATED FEES.
  4.  ANY  SEX OFFENDER REQUIRED TO BE ELECTRONICALLY MONITORED PURSUANT
TO THE PROVISIONS OF THIS SECTION WHO VIOLATES SUCH REQUIREMENT SHALL BE
GUILTY OF A CLASS E FELONY UPON CONVICTION FOR THE  FIRST  OFFENSE,  AND
UPON  CONVICTION FOR A SECOND OR SUBSEQUENT OFFENSE SHALL BE GUILTY OF A
CLASS D FELONY. ANY SUCH VIOLATION MAY ALSO BE THE BASIS FOR  REVOCATION
OF  PAROLE PURSUANT TO SECTION TWO HUNDRED FIFTY-NINE-I OF THE EXECUTIVE
LAW OR THE BASIS FOR REVOCATION OF PROBATION PURSUANT  TO  ARTICLE  FOUR
HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW.
  S 2. Severability. If any clause, sentence, paragraph, section or part
of  this act shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect,  impair  or  invalidate  the
remainder thereof, but shall be confined in its operation to the clause,
sentence,  paragraph,  section  or part thereof directly involved in the
controversy in which such judgment shall have been rendered.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Provided  that  any  rules  and  regulations
necessary  to implement the provisions of this act on its effective date
are authorized and directed to be promulgated on or before  such  effec-
tive date.