S T A T E O F N E W Y O R K
________________________________________________________________________
1063
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. DESTITO, SPANO -- read once and referred to the
Committee on Correction
AN ACT to amend the correction law and the penal law, in relation to the
supervision, location and classification of sex offenders; and to
amend the criminal procedure law, in relation to denying youthful
offender status to persons convicted of certain sex offenses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 168-f of the correction law, as
amended by chapter 11 of the laws of 2002, is amended to read as
follows:
3. The provisions of subdivision two of this section shall be applied
to a sex offender required to register under this article, except that
such sex offender designated as a sexual predator or having been given a
level three designation must personally verify his or her address with
the local law enforcement agency every [ninety] THIRTY calendar days
after the date of release or commencement of parole or post-release
supervision, or probation, or release on payment of a fine, conditional
discharge or unconditional discharge. The duty to personally verify
shall be temporarily suspended during any period in which the sex offen-
der is confined to any state or local correctional facility, hospital or
institution and shall immediately recommence on the date of the sex
offender's release.
S 2. Subdivisions 2 and 3 of section 168-h of the correction law,
subdivision 2 as amended by chapter 1 of the laws of 2006 and subdivi-
sion 3 as added by chapter 11 of the laws of 2002, are amended to read
as follows:
2. The duration of registration and verification for a sex offender
who, on or after March eleventh, two thousand two, is designated a sexu-
al predator, or a sexually violent offender, or a predicate sex offen-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03445-01-9
A. 1063 2
der, or who is classified as a level two or level three risk, shall be
[annually] EVERY NINETY CALENDAR DAYS for life. Notwithstanding the
foregoing, a sex offender who is classified as a level two risk and who
is not designated a sexual predator, a sexually violent offender or a
predicate sex offender, may be relieved of the duty to register and
verify as provided by subdivision one of section one hundred sixty-
eight-o of this article.
3. Any sex offender having been designated a level three risk or a
sexual predator shall also personally verify his or her address every
[ninety] THIRTY calendar days with the local law enforcement agency
having jurisdiction where the offender resides.
S 3. Paragraph (c) of subdivision 5 of section 168-l of the correction
law, as added by chapter 192 of the laws of 1995, is amended to read as
follows:
(c) conditions of release that minimize risk [or] OF re-offense,
including but not limited to whether the sex offender is under super-
vision; receiving counseling, therapy or treatment; [or] residing in a
home situation that provides guidance and supervision; OR THE EXISTENCE
OF PROVISIONS TO MINIMIZE THE NUMBER OF SEX OFFENDERS, SEXUAL PREDATORS
OR SEXUALLY VIOLENT OFFENDERS THAT ARE PLACED OR LOCATED WITHIN RESIDEN-
TIAL AREAS OF A MUNICIPALITY OR A PORTION OF A MUNICIPALITY THAT ALREADY
CONTAINS A HIGH CONCENTRATION OF SUCH INDIVIDUALS;
S 4. The correction law is amended by adding a new section 168-ll to
read as follows:
S 168-LL. GUIDELINES FOR LOCATION FOR SEX OFFENDERS. THE DIVISION, IN
CONSULTATION AND COOPERATION WITH THE BOARD, DIVISION OF PAROLE, DEPART-
MENT OF MENTAL HYGIENE AND LOCAL PROBATION DEPARTMENTS THROUGHOUT THE
STATE, SHALL DEVELOP GUIDELINES AND PROCEDURES ON THE PLACEMENT,
LOCATION, RELOCATION OR SETTLEMENT WITHIN A COMMUNITY OF SEX OFFENDERS,
SEXUALLY VIOLENT OFFENDERS AND SEXUAL PREDATORS THAT HAVE BEEN CLASSI-
FIED WITH A LEVEL TWO OR LEVEL THREE DESIGNATION. SUCH GUIDELINES AND
PROCEDURES SHALL BE BASED UPON, BUT NOT LIMITED TO, THE FOLLOWING:
1. THAT SUCH INDIVIDUALS ARE NOT OVERLY CONCENTRATED IN RESIDENTIAL
AREAS OF ONE MUNICIPALITY OR PORTION OF A MUNICIPALITY;
2. ALL EFFORTS ARE BEING MADE TO LOCATE SUCH INDIVIDUALS IN AREAS THAT
HAVE ADEQUATE SUPPORT SERVICES TO MINIMIZE THE RISK OF RE-OFFENSE;
3. THAT FAMILY AND FRIENDS ARE LOCATED REASONABLY CLOSE TO SUCH INDI-
VIDUALS TO PROVIDE FINANCIAL, PSYCHOLOGICAL, SOCIAL AND MORAL SUPPORT TO
SUCH INDIVIDUALS IN ORDER TO MINIMIZE THE RISK OF RE-OFFENSE;
4. 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;
5. PROCEDURES ARE ESTABLISHED TO MINIMIZE THE NUMBER OF SUCH INDIVID-
UALS THAT ARE CLASSIFIED AS UNDOMICILED SEX OFFENDERS OR SEXUAL PREDA-
TORS SO THAT SUCH INDIVIDUALS CAN BE PLACED IN APPROPRIATE LIVING AREAS,
LOCATIONS, RE-LOCATIONS OR SETTLEMENTS THAT CAN PROVIDE ADEQUATE TREAT-
MENT AND MONITORING OF SUCH INDIVIDUALS AND SO THAT SUCH INDIVIDUALS ARE
NOT HIGHLY OR OVERLY CONCENTRATED IN ONE MUNICIPALITY OR PORTION OF A
MUNICIPALITY; AND
6. THAT A SUFFICIENT TRACKING SYSTEM IS ESTABLISHED TO ENABLE THE
DEPARTMENT OF MENTAL HYGIENE, DIVISION OF PAROLE, LAW ENFORCEMENT AGEN-
CIES HAVING JURISDICTION AND PROBATION DEPARTMENTS TO READILY MONITOR
THE WHEREABOUTS AND ACTIVITIES OF SUCH INDIVIDUALS.
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S 5. 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 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 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. UPON ANY CONVICTION PURSUANT TO THIS SECTION, THE SEX OFFENDER MAY
BE EXAMINED AND RECLASSIFIED AS A LEVEL TWO RISK OR LEVEL THREE RISK IF
WARRANTED PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
S 6. The correction law is amended by adding a new section 168-tt to
read as follows:
S 168-TT. FAILURE TO REGISTER OR VERIFY AS A DESIGNATED LEVEL TWO OR
LEVEL THREE SEX OFFENDER OR SEXUAL PREDATOR; AGGRAVATED NONCOMPLIANCE;
NONCOMPLIANCE; PENALTY. 1. ANY DESIGNATED LEVEL THREE SEX OFFENDER OR
SEXUAL PREDATOR WHO FAILS TO REGISTER OR VERIFY IN THE MANNER AND WITHIN
THE TIME PERIODS REQUIRED IN THIS ARTICLE SHALL BE GUILTY OF AGGRAVATED
NONCOMPLIANCE AND SHALL BE GUILTY OF A CLASS D FELONY FOR A FIRST
CONVICTION OF SUCH OFFENSE AND A CLASS C FELONY FOR A SECOND OR SUBSE-
QUENT CONVICTION. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW,
UPON ANY CONVICTION OF AN OFFENSE OF AGGRAVATED NONCOMPLIANCE SUCH
PERSON SHALL, WITHOUT EXCEPTION, BE SUBJECT TO MANDATORY LIFETIME POST-
RELEASE SUPERVISION PURSUANT TO THIS ARTICLE AND THE PENAL LAW.
2. ANY DESIGNATED LEVEL TWO SEX OFFENDER WHO FAILS TO REGISTER OR
VERIFY IN THE MANNER AND WITHIN THE TIME PERIODS REQUIRED IN THIS ARTI-
CLE SHALL BE GUILTY OF NONCOMPLIANCE AND SHALL, WITHOUT EXCEPTION,
UNLESS RELIEVED PURSUANT TO SUBDIVISION ONE OF SECTION ONE HUNDRED
SIXTY-EIGHT-O OF THIS ARTICLE, BE SUBJECT TO MANDATORY LIFETIME POST-RE-
LEASE SUPERVISION PURSUANT TO THIS ARTICLE AND THE PENAL LAW.
3. LIFETIME SUPERVISION MAY BE PROVIDED BY PROBATION SERVICES, THE
PAROLE BOARD OR ANY AUTHORIZED POST-RELEASE SUPERVISION PROGRAM. ANY
SUCH FAILURE TO REGISTER OR VERIFY 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. UPON ANY CONVICTION UNDER
THIS SECTION, THE SEX OFFENDER SHALL BE CLASSIFIED AS NOT LESS THAN A
LEVEL TWO RISK AND SHALL BE CLASSIFIED AS A LEVEL THREE RISK IF
WARRANTED PURSUANT TO SECTION ONE HUNDRED SIXTY-EIGHT-L OF THIS ARTICLE.
S 7. The penal law is amended by adding a new section 60.14 to read as
follows:
S 60.14 AUTHORIZED DISPOSITION; FAILURE TO REGISTER OR VERIFY AS A
DESIGNATED LEVEL TWO OR LEVEL THREE SEX OFFENDER OR SEXUAL
PREDATOR; AGGRAVATED NONCOMPLIANCE; NONCOMPLIANCE.
1. WHEN A PERSON IS CONVICTED OF AGGRAVATED NONCOMPLIANCE, AS DEFINED
IN SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-EIGHT-TT OF THE
CORRECTION LAW, THE COURT SHALL, IN ACCORDANCE WITH THE PROVISIONS OF
SAID SECTION, SENTENCE THE DEFENDANT TO A TERM OF IMPRISONMENT FOR A
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CLASS D FELONY OR CLASS C FELONY, AS THE CASE MAY BE, IN ACCORDANCE WITH
SUBDIVISIONS ONE THROUGH THREE OF SECTION 70.00 OF THIS TITLE.
2. WHEN A PERSON IS CONVICTED OF NONCOMPLIANCE, AS DEFINED IN SUBDIVI-
SION TWO OF SECTION ONE HUNDRED SIXTY-EIGHT-TT OF THE CORRECTION LAW,
THE COURT SHALL, IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE
HUNDRED SIXTY-EIGHT-T OF THE CORRECTION LAW, SENTENCE THE DEFENDANT TO A
TERM OF IMPRISONMENT FOR A CLASS E FELONY OR CLASS D FELONY, AS THE CASE
MAY BE, IN ACCORDANCE WITH SUBDIVISIONS ONE THROUGH THREE OF SECTION
70.00 OF THIS TITLE.
3. EACH DISPOSITION REQUIRED BY THIS SECTION SHALL ALSO INCLUDE, AS A
PART THEREOF, AN ADDITIONAL PERIOD OF POST-RELEASE SUPERVISION. SUCH
PERIOD SHALL COMMENCE UPON SUCH PERSON'S RELEASE FROM IMPRISONMENT
PURSUANT TO ARTICLE SEVENTY OF THIS TITLE. SUCH PERIOD OF POST-RELEASE
SUPERVISION SHALL BE FOR LIFE.
S 8. Section 70.06 of the penal law is amended by adding a new subdi-
vision 5 to read as follows:
5. LIFETIME POST-RELEASE SUPERVISION. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, A COURT MAY SENTENCE A PERSON CONVICTED OF AGGRAVATED
NONCOMPLIANCE OR NONCOMPLIANCE, AS DEFINED IN SECTION ONE HUNDRED
SIXTY-EIGHT-TT OF THE CORRECTION LAW, TO LIFETIME POST-RELEASE SUPER-
VISION IN ACCORDANCE WITH THE PROVISIONS OF SECTION 60.14 OF THIS TITLE.
S 9. Paragraph (a) of subdivision 2 of section 720.10 of the criminal
procedure law, as amended by chapter 316 of the laws of 2006, is amended
to read as follows:
(a) the conviction to be replaced by a youthful offender finding is
for (i) a class A-I or class A-II felony, or (ii) an armed felony as
defined in subdivision forty-one of section 1.20 OF THIS CHAPTER, except
as provided in subdivision three OF THIS SECTION, or (iii) rape in the
first degree, RAPE IN THE SECOND DEGREE, criminal sexual act in the
first degree, [or] CRIMINAL SEXUAL ACT IN THE SECOND DEGREE, aggravated
sexual abuse IN THE FIRST DEGREE, AGGRAVATED SEXUAL ABUSE IN THE SECOND
DEGREE, AGGRAVATED SEXUAL ABUSE IN THE THIRD DEGREE, COURSE OF SEXUAL
CONDUCT AGAINST A CHILD IN THE FIRST DEGREE, COURSE OF SEXUAL CONDUCT
AGAINST A CHILD IN THE SECOND DEGREE OR FACILITATING A SEX OFFENSE WITH
A CONTROLLED SUBSTANCE, except as provided in subdivision three OF THIS
SECTION, or
S 10. Subdivision 3 of section 720.10 of the criminal procedure law,
as amended by chapter 264 of the laws of 2003, is amended to read as
follows:
3. Notwithstanding the provisions of subdivision two OF THIS SECTION,
a youth who has been convicted of an armed felony offense or of rape in
the first degree, RAPE IN THE SECOND DEGREE, criminal sexual act in the
first degree, [or] CRIMINAL SEXUAL ACT IN THE SECOND DEGREE, SEXUAL
ABUSE IN THE FIRST DEGREE, aggravated sexual abuse IN THE FIRST DEGREE,
AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE, AGGRAVATED SEXUAL ABUSE IN
THE THIRD DEGREE, COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST
DEGREE, COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE SECOND DEGREE OR
FACILITATING A SEX OFFENSE WITH A CONTROLLED SUBSTANCE is an eligible
youth if the court determines that one or more of the following factors
exist: (i) mitigating circumstances that bear directly upon the manner
in which the crime was committed; or (ii) where the defendant was not
the sole participant in the crime, the defendant's participation was
relatively minor although not so minor as to constitute a defense to the
prosecution. Where the court determines that the eligible youth is a
youthful offender, the court shall make a statement on the record of the
reasons for its determination, a transcript of which shall be forwarded
A. 1063 5
to the state division of criminal justice services, to be kept in
accordance with the provisions of subdivision three of section eight
hundred thirty-seven-a of the executive law.
S 11. This act shall take effect immediately.