S T A T E O F N E W Y O R K
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2611
2009-2010 Regular Sessions
I N A S S E M B L Y
January 21, 2009
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Introduced by M. of A. SWEENEY, KOON, SCHIMMINGER, PHEFFER, GUNTHER,
ABBATE, GALEF, COOK, HOOPER, ENGLEBRIGHT, FIELDS -- Multi-Sponsored by
-- M. of A. ALFANO, BARRA, COLTON, DESTITO, HAYES, JOHN, MAGEE, SCAR-
BOROUGH, SEMINERIO, WEISENBERG -- read once and referred to the
Committee on Codes
AN ACT to amend the executive law, the penal law, the correction law and
the mental hygiene law, in relation to treatment of sex offenders
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "Sex Offender Community Safety Act".
S 2. Legislative findings and declaration. The legislature hereby
finds and declares that sexual offenses are heinous, violent crimes that
result in severe physical and emotional trauma for victims. The legisla-
ture further finds that there is a significant chance that certain sex
offenders may repeat their crimes following a period of incarceration
and that such recidivism is more likely if such offenders are not moni-
tored and supervised on parole.
The legislature finds that intensive monitoring and lifetime parole
supervision for sex offenders may prove effective in reducing sex offen-
der recidivism, but that no comprehensive long term supervision of sex
offenders has ever been provided in this state. The legislature hereby
declares that intensive monitoring and lifetime parole supervision
combined with community notification for New York offenders can offer
some protection to our communities and may also prove effective in
reducing offender recidivism.
S 3. The executive law is amended by adding three new sections 259-s,
259-t and 259-u to read as follows:
S 259-S. DEFINITION OF TERMS. AS USED IN THIS ARTICLE: 1. "DESIGNATED
SEX OFFENDER" MEANS A PERSON WHO STANDS CONVICTED OF ANY ONE OR MORE OF
THE FOLLOWING OFFENSES, PROVIDED THAT SUCH PERSON IS CURRENTLY UNDER
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02723-01-9
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SENTENCE FOR SUCH OFFENSE: (A) (I) A CONVICTION OF OR A CONVICTION FOR
AN ATTEMPT TO COMMIT ANY OF THE PROVISIONS OF SECTIONS 130.25, 130.30,
130.40, 130.45, 130.60 AND 255.25 OR ARTICLE TWO HUNDRED SIXTY-THREE OF
THE PENAL LAW, OR SECTION 135.05, 135.10, 135.20 OR 135.25 OF SUCH LAW
RELATING TO KIDNAPPING OFFENSES, PROVIDED THE VICTIM OF SUCH KIDNAPPING
OR RELATED OFFENSE IS LESS THAN SEVENTEEN YEARS OLD; OR
(II) A CONVICTION OF AN OFFENSE OF THE LAW IN ANY OTHER JURISDICTION
OF AN OFFENSE WHICH INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF ANY SUCH
FELONY PROVIDED FOR IN SUBPARAGRAPH (I) OF THIS PARAGRAPH FOR WHICH A
SENTENCE TO A TERM OF IMPRISONMENT IN EXCESS OF ONE YEAR OR A SENTENCE
OF DEATH WAS AUTHORIZED AND IS AUTHORIZED IN THIS STATE IRRESPECTIVE OF
WHETHER SUCH SENTENCE WAS IMPOSED; OR
(B) (I) A CONVICTION OF OR A CONVICTION FOR AN ATTEMPT TO COMMIT ANY
OF THE PROVISIONS OF SECTIONS 130.35, 130.50, 130.65, 130.67, 130.70,
130.75 AND 130.80 OF THE PENAL LAW; OR
(II) A CONVICTION OF AN OFFENSE OF THE LAW IN ANY OTHER JURISDICTION
OF AN OFFENSE WHICH INCLUDES ALL OF THE ESSENTIAL ELEMENTS OF ANY SUCH
FELONY PROVIDED FOR IN SUBPARAGRAPH (I) OF THIS PARAGRAPH FOR WHICH A
SENTENCE TO A TERM OF IMPRISONMENT IN EXCESS OF ONE YEAR OR A SENTENCE
OF DEATH WAS AUTHORIZED AND IS AUTHORIZED IN THIS STATE IRRESPECTIVE OF
WHETHER SUCH SENTENCE WAS IMPOSED.
2. "DESIGNATED SEX OFFENSE" MEANS ANY ONE OR MORE OF THE FELONIES
DEFINED IN SUBDIVISION ONE OF THIS SECTION.
3. "RECIDIVIST SEX OFFENDER" MEANS A PERSON WHO STANDS CONVICTED OF
ANY ONE OR MORE OF THE FELONIES DEFINED IN SUBDIVISION ONE OF THIS
SECTION AFTER HAVING PREVIOUSLY BEEN SUBJECT TO ONE OR MORE PREDICATE
FELONY CONVICTIONS, AS DEFINED IN SECTION 70.06 OF THE PENAL LAW, OR ONE
OR MORE PREDICATE VIOLENT FELONY CONVICTIONS, AS DEFINED IN SECTION
70.04 OF THE PENAL LAW, WHERE SUCH PREDICATE FELONY OR PREDICATE VIOLENT
FELONY CONVICTIONS WERE ALSO FOR AN OFFENSE DEFINED IN SUBDIVISION ONE
OF THIS SECTION.
S 259-T. INTENSIVE PAROLE SUPERVISION OF DESIGNATED SEX OFFENDERS. THE
RELEASE ON PAROLE OR CONDITIONAL RELEASE OF ANY INMATE WHO IS A DESIG-
NATED SEX OFFENDER OR RECIDIVIST SEX OFFENDER, AS DEFINED IN SECTION TWO
HUNDRED FIFTY-NINE-S OF THIS ARTICLE, SHALL BE SUBJECT TO THE FOLLOWING
CONDITIONS:
1. ACTIVE PAROLE SUPERVISION SHALL BE REQUIRED FOR THE LIFE OF THE
OFFENDER NOTWITHSTANDING ANY OTHER CONDITION OF PAROLE OR CONDITIONAL
RELEASE.
2. PAROLE AND CONDITIONAL RELEASE SUPERVISION SHALL CONSIST OF A MINI-
MUM OF FIVE CONTACTS PER MONTH FOR THE FULL PERIOD OF SUPERVISION.
PAROLE AND CONDITIONAL RELEASE SUPERVISION OF RECIDIVIST SEX OFFENDERS
SHALL CONSIST OF A MINIMUM OF TWO CONTACTS PER WEEK FOR THE FULL PERIOD
OF SUPERVISION.
3. ELECTRONIC SURVEILLANCE SHALL BE REQUIRED DURING AT LEAST THE FIRST
SIXTY DAYS OF PAROLE OR CONDITIONAL RELEASE.
S 259-U. MANDATORY SEX OFFENDER TREATMENT AND COUNSELING. THE DIVISION
OF PAROLE, IN CONSULTATION WITH THE COMMISSIONER OF MENTAL HEALTH, SHALL
CREATE AND IMPLEMENT A MANDATORY SEX OFFENDER TREATMENT PROGRAM UTILIZ-
ING SUCH PROTOCOLS AS MIGHT BE RECOMMENDED BY THE COMMISSIONER OF MENTAL
HEALTH. ANY OFFENDER WHO HAS BEEN CONVICTED OF A DESIGNATED SEX OFFENSE,
AS PROVIDED FOR IN SECTION TWO HUNDRED FIFTY-NINE-T OF THIS ARTICLE,
SHALL BE REQUIRED TO PARTICIPATE IN SUCH PROGRAM DURING THE PERIOD THEY
ARE UNDER PAROLE SUPERVISION PROVIDED THAT THE DIVISION OF PAROLE MAY
DETERMINE THAT ANY INDIVIDUAL OFFENDER CONVICTED OF A DESIGNATED SEX
OFFENSE SHALL NOT PARTICIPATE IN SUCH PROGRAM IF IT FINDS SUCH OFFENDER
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IS NOT AMENABLE TO TREATMENT. NOTHING IN THIS SECTION SHALL BE DEEMED TO
PROHIBIT THE DIVISION OF PAROLE FROM ARRANGING FOR THE PROVISION OF
TREATMENT AND/OR COUNSELING SERVICES PRIOR TO CONSULTATION WITH THE
COMMISSIONER OF MENTAL HEALTH, OR BY CONTRACTING WITH AN INDEPENDENT
ORGANIZATION EXPERIENCED IN THE RESEARCH, EVALUATION AND PROGRAM DEVEL-
OPMENT OF A SEX OFFENDER TREATMENT PROGRAM.
S 4. The penal law is amended by adding a new section 70.09 to read as
follows:
S 70.09 LIFETIME PAROLE.
ANY PERSON CONVICTED OF A VIOLATION OF ANY PROVISION OF SECTIONS
130.30, 130.35, 130.45, 130.50, 130.65, 130.67, 130.70, 130.75 AND
130.80 OF THIS CHAPTER SHALL, IN ADDITION TO THE SENTENCE OR FINE OTHER-
WISE AUTHORIZED BY LAW, BE SENTENCED TO LIFETIME PAROLE. NOTWITHSTAND-
ING SECTION TWO HUNDRED FIFTY-NINE-J OF THE EXECUTIVE LAW SUCH SENTENCES
SHALL NOT BE SUBJECT TO DISCHARGE BY THE BOARD OF PAROLE.
S 5. The correction law is amended by adding a new section 75 to read
as follows:
S 75. SEX OFFENDER DISCHARGE PLANNING. PRIOR TO THE RELEASE ON PAROLE
OR CONDITIONAL DISCHARGE OF A DESIGNATED SEX OFFENDER OR RECIDIVIST SEX
OFFENDER, AS PROVIDED FOR IN SECTION TWO HUNDRED FIFTY-NINE-T OF THE
EXECUTIVE LAW, THE DEPARTMENT, IN CONSULTATION WITH THE COMMISSIONER OF
MENTAL HEALTH AND THE DIVISION OF PAROLE, SHALL PREPARE A DISCHARGE PLAN
THAT INCLUDES A REVIEW OF THE OFFENDER'S PROGRESS IN ANY TREATMENT
PROGRAM PROVIDED WHILE INCARCERATED, RECOMMENDATIONS FOR CONTINUED
SUPERVISION AND TREATMENT IN THE COMMUNITY, AND THE NEED FOR ADDITIONAL
SUPPORT SERVICES AND SUPERVISION.
S 6. Section 7.09 of the mental hygiene law is amended by adding a new
subdivision (k) to read as follows:
(K) THE COMMISSIONER, IN COOPERATION WITH THE DIVISION OF PAROLE AND
THE DEPARTMENT OF CORRECTIONAL SERVICES, SHALL DEVELOP A SEX OFFENDER
TREATMENT PROTOCOL TO BE UTILIZED BY THE DIVISION OF PAROLE, PURSUANT TO
SECTION TWO HUNDRED FIFTY-NINE-U OF THE EXECUTIVE LAW. SUCH PROTOCOL
SHALL BE SUBMITTED TO THE DIVISION OF PAROLE NO LATER THAN JUNE FIRST,
TWO THOUSAND TEN. THE COMMISSIONER SHALL ALSO OFFER SUCH TECHNICAL
ASSISTANCE TO THE DEPARTMENT OF CORRECTIONAL SERVICES AS MAY BE REQUIRED
TO IMPLEMENT THE PROVISIONS OF SECTION SEVENTY-FIVE OF THE CORRECTION
LAW.
S 7. Paragraph (a) of subdivision 1 of section 803 of the correction
law, as amended by chapter 3 of the laws of 1995, is amended to read as
follows:
(a) Every person confined in an institution of the department or a
facility in the department of mental hygiene serving an indeterminate or
determinate sentence of imprisonment, except a person serving a sentence
with a maximum term of life imprisonment, AND EXCEPT A PERSON CONVICTED
OF A SEX OFFENSE CONTAINED IN ARTICLE ONE HUNDRED THIRTY OR SECTION
255.25, 263.05, 263.10 OR 263.15 OF THE PENAL LAW, may receive time
allowance against the term or maximum term of his OR HER sentence
imposed by the court. Such allowances may be granted for good behavior
and efficient and willing performance of duties assigned or progress and
achievement in an assigned treatment program, and may be withheld,
forfeited or canceled in whole or in part for bad behavior, violation of
institutional rules or failure to perform properly in the duties or
program assigned.
S 8. Subdivision 1 of section 803 of the correction law, as amended by
chapter 126 of the laws of 1987, is amended to read as follows:
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1. Every person confined in an institution of the department or a
facility in the department of mental hygiene serving an indeterminate
sentence of imprisonment, except a person serving a sentence with a
maximum term of life imprisonment, AND EXCEPT A PERSON CONVICTED OF A
SEX OFFENSE CONTAINED IN ARTICLE ONE HUNDRED THIRTY OR SECTION 255.25,
263.05, 263.10 OR 263.15 OF THE PENAL LAW, may receive time allowance
against the maximum term or period of his OR HER sentence not to exceed
in the aggregate one-third of the term or period imposed by the court.
Such allowances may be granted for good behavior and efficient and will-
ing performance of duties assigned or progress and achievement in an
assigned treatment program, and may be withheld, forfeited or canceled
in whole or in part for bad behavior, violation of institutional rules
or failure to perform properly in the duties or program assigned.
S 9. Subdivision 1 of section 804 of the correction law, as amended by
chapter 145 of the laws of 1976, is amended to read as follows:
1. Every person confined in an institution serving a definite sentence
of imprisonment EXCEPT THOSE INDIVIDUALS CONVICTED OF A SEX OFFENSE
CONTAINED IN ARTICLE ONE HUNDRED THIRTY OR SECTION 255.25, 263.05,
263.10 OR 263.15 OF THE PENAL LAW may receive time allowances as discre-
tionary reductions of the term of his OR HER sentence not to exceed in
the aggregate one-third of the term imposed by the court. Such allow-
ances may be granted for good behavior and efficient and willing
performance of duties assigned or progress and achievement in an
assigned treatment program, and may be withheld, forfeited or cancelled
in whole or in part for bad behavior, violation of institutional rules
or failure to perform properly in the duties or program assigned.
S 10. Severability. If any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of competent jurisdic-
tion to be invalid, the judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operations to the
clause, sentence, paragraph, section or part of this act directly
involved in which the judgment shall have been rendered.
S 11. This act shall take effect on the first of November next
succeeding the date on which it shall have become a law; and shall apply
to persons convicted and sentenced for committing a designated sex
offense or convicted as a recidivist sex offender on or after such date
provided, however, that the division of parole shall immediately take
the necessary actions to contract for the provision of any necessary
services to be provided in connection with such program and provided
further that such program shall be implemented as soon as possible
following the effective date of this act, provided further that the
amendments to subdivision 1 of section 803 of the correction law made by
section seven of this act shall be subject to the expiration and rever-
sion of such section pursuant to section 74 of chapter 3 of the laws of
1995, as amended, when upon such date the provisions of section eight of
this act shall take effect.