NY State Senate Bill 2009-S297

Senate Bill S297

2009-2010 Legislative Session

Requires level 3 sex offenders be subject to lifetime probation and to submit to yearly polygraphic examinations while on parole or probation

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Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to crime victims, crime and correction
Jan 07, 2009	referred to crime victims, crime and correction

2009-S297 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §§168-d, 168-f, 168-h & 168-t, Cor L; amd §§60.01 & 65.00, Pen L; add §257-b, amd §259-i, Exec L

2009-S297 (ACTIVE) - Summary

Requires all level 3 sex offenders to be subject to lifetime probation after the completion of all other sentences imposed upon such sex offender; requires administration of yearly polygraph test while on probation or parole; authorizes local probation department to collect an administrative fee to cover the costs of supervising such sex offenders; authorizes tracking such sex offenders by use of global tracking devices.

2009-S297 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S297

 TITLE OF BILL :
An act to amend the correction law, the penal law and the executive
law, in relation to requiring all level three sex offenders to be on
probation for life and requiring all such sex offenders to submit to
yearly polygraphic examinations while on probation or parole


 PURPOSE :
To require lifetime probation for level three sex offenders and to
require the submission of a polygraph test and the option of utilizing
a global positioning device as a condition of probation or parole.

 SUMMARY OF PROVISIONS :
Section 1 - adds a new subdivision 5 to section 168-d of the
correction law to mandate lifetime probation for level three sex
offenders.

Section 2 - adds a new subdivision 7 to section 168-f of the
correction law, as amended by chapter 453 of the laws of 1999 to
require the submission to an annual polygraph examination as a
condition of parole or probation.

Section 3 - adds a new subdivision 4 to section 168-h of the
correction law to mandate lifetime probation and to require the

submission of a polygraph examination for level three sex offenders.

Section 4 -amends section 168-t of the correction law, as amended by
chapter 604 of the laws of 2005 to state failure to submit to a
polygraph examination shall be a class A misdemeanor for the first
offense and a class D felony for second or subsequent offense and
shall be the basis for revocation of parole or probation.

Section 5 - adds a new subdivision 5 to section 60.01 of the penal law
to mandate lifetime probation for level three sex offenders.

Section 6 - amends paragraph (d) of subdivision 3 of section 65.00 of
the penal law, as amended by chapter 264 of the laws of 2003, and a
new paragraph (e) is added to mandate lifetime probation for level
three sex offenders.

Section 7 - adds a new section 257-b of the executive law in regard to
level three sex offenders.  It directs probation officers to provide
level three sex offenders under their supervision a statement of the
conditions of parole or probation.  Including the conditions would be
the submission of a polygraph examination and wearing a global
positioning device.  Every county and the city of New York may adopt a
local law requiring the payment of an administrative fee.

Section 8-adds a new paragraph (f) to subdivision 2 of section 259-i
of the executive law to require parole officers to administer an
annual polygraph examination to any level three sex offender under
their supervision and provides the option to require the offender to
wear a global positioning device.

Section 9 - contains the effective date.

 JUSTIFICATION :
The tracking and monitoring of sex offenders, especially level three
offenders, is vitally important to our children's safety.  This
legislation mandates lifetime probation for level three sex offenders
and also requires the submission of an annual polygraph exam for level
three sex offenders on probation or parole.  As a condition of
probation, the supervising officer may also require the offender to
wear a GPS tracking device.
The Capital District Coalition for Sex Offender Management, directed
by Dr. Richard Hamill, uses a multi-prong approach to manage sex
offenders in their five county region. The coalition routinely uses
polygraph testing as a condition of probation and parole and has found
it to be an effective tool in reducing the recidivism rate.

More than 30 states require post-conviction polygraph tests and
Colorado uses polygraph testing on sex offenders for treatment and
monitoring purposes.  Many states have lifetime probation for
convicted sex offenders and Illinois and Arkansas both have lifetime
probation for high risk offenders or sexually violent offenders.

This legislation will provide the supervising officer with the ability
to monitor the offender for life and the ability to know the exact
location of the offender at all times by using a GPS tracking device.
Coupled with random polygraph testing, these tools should provide a
deterrent to further sexual offenses.

Megan's Law is now ten years old, and it is important that we continue
to update these laws to ensure our children are protected against sex
offenders.

 LEGISLATIVE HISTORY :
2007/08:  S.1102 Crime Victims, Crime and Correction
2006:     S.6548 Passed Senate

 FISCAL IMPLICATIONS :
To be determined.

 LOCAL FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately, and shall apply to sex
offenders having been designated level three risks prior to, or or
after such effective date.

2009-S297 (ACTIVE) - Bill Text download pdf

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

                                   297

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction

AN ACT to amend the correction law, the penal law and the executive law,
  in  relation  to  requiring  all  level  three  sex offenders to be on
  probation for life and requiring all such sex offenders to  submit  to
  yearly polygraphic examinations while on probation or parole

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

  Section 1. Section 168-d of the correction law is amended by adding  a
new subdivision 5 to read as follows:
  5. EVERY SEX OFFENDER HAVING BEEN DESIGNATED A LEVEL THREE RISK SHALL,
IN  ADDITION  TO  ANY  OTHER  SENTENCES  IMPOSED  UPON SUCH OFFENDER, BE
SENTENCED TO PROBATION FOR LIFE TO BE SERVED AFTER  THE  TERMINATION  OF
ALL SUCH OTHER SENTENCES.
  S  2.  The  section heading of section 168-f of the correction law, as
amended by chapter 453 of the laws of 1999, is amended and a new  subdi-
vision 7 is added to read as follows:
  Duty  to  register and to verify; SUBMISSION TO A POLYGRAPHIC EXAMINA-
TION.
  7. EVERY SEX OFFENDER WHO HAS BEEN GIVEN  A  LEVEL  THREE  DESIGNATION
SHALL  WHILE  ON PAROLE, CONDITIONAL RELEASE OR POST-RELEASE SUPERVISION
SUBMIT TO A POLYGRAPHIC EXAMINATION ADMINISTERED BY HIS  OR  HER  PAROLE
OFFICER,  AT LEAST ONCE A YEAR, AND SHALL WHILE ON PROBATION SUBMIT TO A
POLYGRAPHIC EXAMINATION ADMINISTERED BY HIS OR HER PROBATION OFFICER, AT
LEAST ONCE A YEAR.  EVERY POLYGRAPHIC EXAMINATION REQUIRED TO BE  ADMIN-
ISTERED  PURSUANT TO THIS SUBDIVISION SHALL BE CONDUCTED PURSUANT TO THE
RULES AND REGULATIONS OF THE DIVISION.
  S 3. Section 168-h of the correction law is amended by  adding  a  new
subdivision 4 to read as follows:

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

                                                           LBD00263-01-9

S. 297                              2

  4.  ANY  SEX OFFENDER HAVING BEEN DESIGNATED A LEVEL THREE RISK, SHALL
BE ON PROBATION FOR LIFE AFTER THE TERMINATION  OF  ANY  OTHER  SENTENCE
IMPOSED  UPON SUCH OFFENDER.  FURTHERMORE, EVERY SUCH SEX OFFENDER SHALL
SUBMIT TO A YEARLY POLYGRAPHIC EXAMINATION PURSUANT TO THE PROVISIONS OF
SUBDIVISION SEVEN OF SECTION ONE HUNDRED SIXTY-EIGHT-F OF THIS ARTICLE.
  S 4. Section 168-t of the correction law, as amended by chapter 373 of
the laws of 2007, is amended to read as follows:
  S  168-t.  Penalty. Any sex offender required to register or to verify
pursuant to the provisions of this article  who  fails  to  register  or
verify  in  the  manner and within the time periods provided for in this
article 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 sex offender who  violates  the
provisions  of  section one hundred sixty-eight-v of this article OR WHO
FAILS TO SUBMIT TO A POLYGRAPHIC EXAMINATION IN THE MANNER AND WITH  THE
FREQUENCY   REQUIRED   BY  SUBDIVISION  SEVEN  OF  SECTION  ONE  HUNDRED
SIXTY-EIGHT-F OF THIS ARTICLE shall be guilty of a class  A  misdemeanor
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
failure  to register [or], verify [may] OR SUBMIT TO A POLYGRAPHIC EXAM-
INATION SHALL 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  5. Section 60.01 of the penal law is amended by adding a new subdi-
vision 5 to read as follows:
  5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE TO THE  CONTRARY,
IN  ADDITION  TO ANY OTHER SENTENCE AUTHORIZED FOR THE CONVICTION OF ANY
OFFENSE, ANY SEX OFFENDER HAVING BEEN  DESIGNATED  A  LEVEL  THREE  RISK
SHALL  ALSO  BE  SENTENCED  TO  PROBATION  FOR LIFE TO COMMENCE UPON THE
TERMINATION OF ALL SUCH OTHER SENTENCES.
  S 6. Paragraph (d) of subdivision 3 of section 65.00 of the penal law,
as amended by chapter 264 of the laws of 2003,  is  amended  and  a  new
paragraph (e) is added to read as follows:
  (d)  For an unclassified misdemeanor, the period of probation shall be
three years if the authorized sentence of imprisonment is in  excess  of
three months, otherwise the period of probation shall be one year[.];
  (E)  NOTWITHSTANDING  ANY OTHER PARAGRAPH OF THIS SUBDIVISION, FOR ANY
DEFENDANT WHO IS A SEX OFFENDER HAVING BEEN  DESIGNATED  A  LEVEL  THREE
RISK, THE PERIOD OF PROBATION SHALL BE LIFE.
  S  7.  The  executive  law is amended by adding a new section 257-b to
read as follows:
  S 257-B.  LEVEL THREE SEX OFFENDERS. 1. IT SHALL BE THE DUTY OF  EVERY
PROBATION  OFFICER TO FURNISH EACH SEX OFFENDER HAVING BEEN DESIGNATED A
LEVEL THREE RISK, WHO HAS BEEN ORDERED TO HIS OR HER SUPERVISION, WITH A
STATEMENT OF THE CONDITIONS OF PROBATION AND TO INSTRUCT SUCH SEX OFFEN-
DER WITH REGARD THERETO, TO KEEP INFORMED CONCERNING SUCH SEX OFFENDER'S
CONDUCT, HABITS, ASSOCIATES, EMPLOYMENTS, RECREATION AND WHEREABOUTS, TO
CONTACT AND ADMINISTER A POLYGRAPHIC EXAMINATION TO SUCH SEX OFFENDER AT
LEAST ONCE A YEAR PURSUANT TO THE RULES AND REGULATIONS OF THE  DIVISION
OF CRIMINAL JUSTICE SERVICES, AND TO AID AND ENCOURAGE SUCH SEX OFFENDER
TO  IMPROVE  HIS  OR  HER CONDUCT, CONDITION AND GENERAL ATTITUDE TOWARD
SOCIETY AND TO AVOID UNLAWFUL SEXUAL CONDUCT.
  2. ANY LOCAL PROBATION DEPARTMENT  MAY  REQUIRE,  AS  A  CONDITION  OF
PROBATION,  A LEVEL THREE SEX OFFENDER TO CONTINUOUSLY WEAR AND MAINTAIN
A GLOBAL POSITIONING DEVICE.

S. 297                              3

  3. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  EVERY  COUNTY  AND
THE  CITY  OF  NEW YORK, MAY ADOPT A LOCAL LAW REQUIRING LEVEL THREE SEX
OFFENDERS SERVING PROBATION TO PAY TO  THE  LOCAL  PROBATION  DEPARTMENT
WITH  THE RESPONSIBILITY OF SUPERVISING SUCH SEX OFFENDER AN ADMINISTRA-
TIVE  FEE  TO  BE DETERMINED BY THE COUNTY OR CITY. THE DEPARTMENT SHALL
WAIVE ALL OR PART OF SUCH FEE WHERE, BECAUSE OF THE INDIGENCE OF THE SEX
OFFENDER, THE PAYMENT OF THE ADMINISTRATIVE FEE WOULD WORK AN  UNREASON-
ABLE  HARDSHIP  ON  THE SEX OFFENDER, HIS OR HER IMMEDIATE FAMILY OR ANY
OTHER PERSON WHO IS DEPENDENT  UPON  SUCH  SEX  OFFENDER  FOR  FINANCIAL
SUPPORT.
  (B)  THE PROVISIONS OF SUBDIVISION SIX OF SECTION 420.10 OF THE CRIMI-
NAL PROCEDURE LAW SHALL GOVERN FOR PURPOSES OF COLLECTION OF THE  ADMIN-
ISTRATIVE FEE.
  (C)  THE  PROBATION  ADMINISTRATIVE FEE AUTHORIZED BY THIS SUBDIVISION
SHALL NOT CONSTITUTE NOR BE IMPOSED AS A CONDITION OF PROBATION.
  (D) IN THE EVENT OF NON-PAYMENT OF ANY FEES WHICH HAVE NOT BEEN WAIVED
BY THE LOCAL PROBATION DEPARTMENT, THE COUNTY OR THE CITY  OF  NEW  YORK
MAY  SEEK TO ENFORCE PAYMENT IN ANY MANNER PERMITTED BY LAW FOR ENFORCE-
MENT OF A DEBT.
  (E) MONEYS COLLECTED PURSUANT TO THIS SUBDIVISION  SHALL  BE  UTILIZED
FOR  PROBATION  SERVICES  TO  LEVEL    THREE  SEX OFFENDERS BY THE LOCAL
PROBATION DEPARTMENT.
  S 8. Subdivision 2 of section 259-i of the executive law is amended by
adding a new paragraph (f) to read as follows:
  (F)(I) IT SHALL BE THE DUTY OF EVERY PAROLE OFFICER HAVING CHARGE OF A
PAROLED, CONDITIONALLY RELEASED OR POST-RELEASED SUPERVISED SEX OFFENDER
HAVING A LEVEL THREE DESIGNATION TO ADMINISTER A POLYGRAPHIC EXAMINATION
TO SUCH SEX OFFENDER AT LEAST ONCE A YEAR  PURSUANT  TO  THE  RULES  AND
REGULATIONS OF THE DIVISION OF CRIMINAL JUSTICE SERVICES.
  (II)  ANY  PAROLE OFFICER HAVING CHARGE OF A RELEASED OR PAROLED LEVEL
THREE SEX OFFENDER MAY REQUIRE,  AS  A  CONDITION  OF  SUCH  RELEASE  OR
PAROLE, THAT SUCH OFFENDER CONTINUOUSLY WEAR AND MAINTAIN A GLOBAL POSI-
TIONING DEVICE.
  S  9.  This  act shall take effect immediately, and shall apply to sex
offenders having been designated level three risks prior to, on or after
such effective date.

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