S T A T E   O F   N E W   Y O R K
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                                  3629

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 25, 2009
                               ___________

Introduced  by  Sen.  DUANE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT creating a temporary New York state commission  on  sex  offender
  supervision  and  management  and  providing  for  the  repeal of such
  provisions upon expiration thereof

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

  Section  1.  Legislative  findings  and intent. The legislature hereby
finds and declares that persons convicted of a  sex  offense  present  a
danger  to  the  public.  It  is  necessary that these offenders receive
appropriate supervision and treatment designed to  reduce  the  risk  of
re-offense  in  order  to  ensure  the safety, health and welfare of the
communities in which convicted sex  offenders  reside.  The  legislature
further  finds  that  New York's state prison system does not adequately
prepare inmates for a safe return to the community upon  the  completion
of  their  sentence.  Lack  of  treatment during incarceration creates a
threat to public  safety  by  increasing  the  likelihood  that  inmates
released to the community will be unable to successfully transition back
to society and therefore heightens the risk of re-offense. This is espe-
cially  true for sex offenders who often do not find appropriate housing
and treatment programs  in  the  community.  Further,  the  division  of
parole,  local  probation  departments  and social services agencies are
often unable to locate suitable housing  for  convicted  sex  offenders.
This  lack  of  housing has resulted in an unacceptable level of concen-
tration of sex offenders in certain residential areas.
  S 2. A temporary state commission, to be known as the New  York  state
commission  on  sex  offender  supervision  and  management, hereinafter
referred to as the commission, is hereby created to  examine,  evaluate,
and  make  recommendations  concerning  the  effectiveness  of  programs
involving inmates who are required to register as a sex offender  pursu-
ant  to  article 6-C of the correction law released from state and local

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04385-01-9
              

S. 3629                             2

correctional facilities.  The commission shall investigate  all  factors
that impact the risk of recidivism, and lead to the concentration of sex
offenders in certain residential areas. The commission shall analyze the
impact  of existing policies and practices and compare such policies and
practices of this state to those of other states and the federal govern-
ment. The commission shall collect data from state and federal  agencies
and  may  analyze  any current research deemed relevant and appropriate.
Specifically, the commission shall examine at least the following:
  (a) the existence of concentrations of  registered  sex  offenders  in
certain  residential areas and municipalities and the circumstances that
caused such concentrations to exist;
  (b) the practices and procedures of  the  division  of  parole,  local
probation departments and local social services districts in investigat-
ing and approving residences for convicted sex offenders;
  (c)  the  availability of appropriate housing for convicted sex offen-
ders;
  (d) the adequacy of  supervision  and  monitoring  of  registered  sex
offenders  under  the supervision of the division of parole or serving a
sentence of probation; and
  (e) the effectiveness and availability of existing sex offender treat-
ment programs  and  the  need  for  additional  sex  offender  treatment
programs in prison, local correctional facilities and the community.
  S 3. The commission shall consist of thirteen members, to be appointed
as  follows:  three members shall be appointed by the governor, one each
from the department of correctional services, the  division  of  parole,
and  the  division  of  probation  and  correctional  alternatives;  six
members, with three appointments  by  the  temporary  president  of  the
senate and three by the speaker of the assembly, shall be representative
of community-based providers of employment, education, housing and other
services  used by individuals returning to society from prison, criminal
justice advocates, victim advocacy groups, and academic professionals in
the field of criminal justice; one member  shall  be  appointed  by  the
minority  leader of the senate; and one member shall be appointed by the
minority leader of the assembly. The remaining members shall be the head
or designee of the division of the criminal  justice  services  and  the
head  or  designee of the office of temporary and disability assistance.
The chairperson of the commission shall be the head or designee  of  the
division  of  criminal  justice  services.  The  vice-chairperson of the
commission shall be a  representative  of  one  of  the  community-based
organizations and appointed by the chairperson. Vacancies in the member-
ship  of  the  commission  and among its officers shall be filled in the
manner provided for original appointments or designations.
  S 4. The members of the commission shall receive no  compensation  for
their services, but shall be allowed their actual and necessary expenses
incurred  in  the  performance of their duties hereunder. To the maximum
extent feasible, the commission shall be entitled to request and receive
and shall utilize and be provided with such facilities,  resources,  and
data  of  any court, department, division, board, bureau, commission, or
agency of the state or any political subdivision  thereof  as  it  deems
necessary or desirable to carry out properly its powers and duties here-
under.
  S  5.  For the accomplishment of its purposes, the commission shall be
authorized and empowered to undertake any studies, inquiries, surveys or
analyses it may deem relevant in cooperation with or by  agreement  with
any  other  public or private agency. The commission shall meet and hold
public hearings or private meetings within or  without  the  state,  and

S. 3629                             3

shall  have  all  the  powers of a legislative committee pursuant to the
legislative law.
  S 6. The commission shall make a report of its findings, including any
recommendations  for  legislative  action  as  it may deem necessary and
appropriate, to the governor, the temporary president of the senate, and
the speaker of the assembly no later than one year after  the  effective
date of this act.
  S  7.  This  act shall take effect immediately and shall expire and be
deemed repealed 1 year after such  effective  date;  provided  that  the
appointment  of members to the New York state commission on sex offender
supervision and management shall be completed within  90  days  of  such
effective date.