BILL NUMBER: S534
TITLE OF BILL :
An act to amend the correction law, in relation to restricting where
level three sex offenders may reside
To restrict level three sex offenders from residing within one-quarter
mile of any school or licensed day care facility.
SUMMARY OF SPECIFIC PROVISIONS :
Section 1: adds new section to the Correction Law. Section l68-w deals
with level three sex offender residence limitations. Subdivision 1
makes it unlawful for any level three sex offender to reside within
one-quarter mile or any public or private elementary, middle, high or
nursery school, or licensed day care facility. Subdivision 2 states
that no shelter or housing accommodation shall permit or cause the
placement of any level three sex offender if the housing is located
within one-quarter mile of any public or private elementary, middle,
high or nursery school, or licensed day facility. Subdivision 3 states
that the residence prohibitions shall remain in effect for the length
of the level three sex offender's classification as such. Subdivision
4 states that any violation of this section will be a class E felony.
Section 2: sets the effective date on the first of November next
succeeding the date on which this shall have become a law.
Offenses that would require an individual to register on the state's
Sex Offender Registry include rape, sodomy, sexual abuse, sexual
conduct against a child, patronizing a prostitute, incest, unlawful
imprisonment and kidnapping. Level three sex offenders are categorized
as the most dangerous of all sex offenders. Often times they have
been convicted of the most heinous of sex crimes, such as sodomy and
rape against young children. The State of New York has gone to great
lengths to ensure that sex offenders register on the state's Sex
Offender Registry. Further, the more serious the risk to the public,
law enforcement has greater access to information regarding these
offenders. Currently available to the public with a high-risk offender
is an exact address, photograph, their crime of conviction, type of
targeted victim and conditions of parole.
It is the responsibility of the state to protect our most vulnerable
citizens. It is already common procedure for special conditions to be
imposed on sex offenders. In addition, field officers routinely impose
additional conditions such as curfew and travel restrictions to reduce
the risk of recidivism. Special Offender Units have been developed
specifically to supervise sex offenders using electronic monitoring
and additional field contacts with offenders.
Nationwide, state legislatures continue to enhance penalties,
supervision and restrictions for sex offenders, particularly those who
victimize children. California enacted a law in July 2000 that would
restrict sex offenders from living in nearby locations where children
This legislation is designed to close loopholes to protect our young
people by distancing sex offenders from schools and giving communities
the information that they need to protect their children.
PRIOR LEGISLATIVE HISTORY :
2007-2008 - Passed Senate
FISCAL IMPLICATIONS :
To be determined.
EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall have become law.