S T A T E O F N E W Y O R K
________________________________________________________________________
2694
2009-2010 Regular Sessions
I N A S S E M B L Y
January 21, 2009
___________
Introduced by M. of A. SWEENEY, KOON, ABBATE, PERRY, LENTOL, AUBRY,
N. RIVERA, REILLY, LUPARDO, GUNTHER, RAMOS, LATIMER, EDDINGTON,
FIELDS, PHEFFER, GABRYSZAK -- Multi-Sponsored by -- M. of A. ALFANO,
BARRA, BRADLEY, CARROZZA, COLTON, CUSICK, DelMONTE, DESTITO, ENGLE-
BRIGHT, GALEF, GOTTFRIED, JAFFEE, JOHN, LIFTON, MAGNARELLI, McENENY,
PAULIN, SALADINO, SEMINERIO, WALKER, WEISENBERG, ZEBROWSKI -- read
once and referred to the Committee on Correction
AN ACT to amend the executive law, in relation to requiring the division
of parole to establish sex offender treatment programs; to amend the
penal law and the executive law, in relation to establishing mandatory
treatment and supervision requirements for sex offenders
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 2 of section 259-i of the
executive law, as amended by section 11 of part E of chapter 62 of the
laws of 2003, is amended to read as follows:
(b) (I) Persons presumptively released, paroled, conditionally
released or released to post-release supervision from an institution
under the jurisdiction of the department of correctional services or the
department of mental hygiene shall, while on presumptive release,
parole, conditional release or post-release supervision, be in the legal
custody of the division of parole until expiration of the maximum term
or period of sentence, or expiration of the period of supervision,
including any period of post-release supervision, or return to the
custody of the department of correctional services, as the case may be.
(II) THE DIVISION, USING SEX OFFENDER TREATMENT PROTOCOLS DEVELOPED BY
THE OFFICE OF SEX OFFENDER MANAGEMENT ESTABLISHED PURSUANT TO SECTION
EIGHT HUNDRED THIRTY-SEVEN-R OF THIS CHAPTER, SHALL DEVELOP AND IMPLE-
MENT A SEX OFFENDER TREATMENT PROGRAM WITH SUFFICIENT STAFFING AND
RESOURCES TO ENROLL ALL PERSONS UNDER SUPERVISION CONVICTED AND SERVING
A SENTENCE FOR A CRIME DEFINED IN ARTICLE ONE HUNDRED THIRTY OR TWO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02804-01-9
A. 2694 2
HUNDRED SIXTY-THREE OR SECTION 255.25, 255.26 OR 255.27 OF THE PENAL
LAW. PARTICIPATION IN SUCH PROGRAM SHALL BE FOR AT LEAST ONE YEAR. SUCH
PROGRAM SHALL NOT BE REQUIRED IF THE BOARD OR DIVISION FINDS THAT
PARTICIPATION IN SUCH A PROGRAM IS INAPPROPRIATE IN ANY PARTICULAR CASE.
(III) THE DIVISION SHALL DEVELOP AND IMPLEMENT A REQUIREMENT THAT ALL
PERSONS UNDER PAROLE, CONDITIONAL RELEASE OR POST-RELEASE SUPERVISION
FOR A FELONY DEFINED IN ARTICLE ONE HUNDRED THIRTY OR TWO HUNDRED
SIXTY-THREE OR SECTION 255.25, 255.26 OR 255.27 OF THE PENAL LAW SHALL
BE SUBJECT TO A MINIMUM OF SIX FACE-TO-FACE SUPERVISION CONTACTS AND SIX
COLLATERAL CONTACTS PER MONTH. SUCH CONDITION SHALL CONTINUE FOR THE
FULL TERM OF SUPERVISION FOR SUCH OFFENSE.
(IV) AN INMATE RELEASED ON PAROLE, CONDITIONAL RELEASE OR POST-RELEASE
SUPERVISION WHO HAS BEEN DESIGNATED A LEVEL THREE SEX OFFENDER PURSUANT
TO SECTION ONE HUNDRED SIXTY-EIGHT-L OF THE CORRECTION LAW, WHOSE
OFFENSE INVOLVED A VICTIM UNDER SIXTEEN YEARS OF AGE, SHALL BE SUBJECT
TO MANDATORY ELECTRONIC MONITORING FOR SUCH PERIOD OF THE OFFENDER'S
SUPERVISORY TERM AS THE DIVISION DETERMINES IS NECESSARY, UNLESS THE
DIVISION FINDS THAT SUCH CONDITION IS NOT APPROPRIATE IN ANY INDIVIDUAL
CASE.
S 2. Subdivision 4 of section 65.10 of the penal law, as added by
chapter 653 of the laws of 1996, is amended and two new subdivisions 4-b
and 4-c are added to read as follows:
4. Electronic monitoring. When imposing a sentence of probation the
court may, in addition to any conditions imposed pursuant to subdivi-
sions two and three of this section, require the defendant to submit to
the use of an electronic monitoring device and/or to follow a schedule
that governs the defendant's daily movement. Such condition may be
imposed only where the court, in its discretion, determines that requir-
ing the defendant to comply with such condition will advance public
safety, probationer control or probationer surveillance. Electronic
monitoring shall be used in accordance with uniform procedures developed
by the division of probation and correctional alternatives. NOTWITH-
STANDING THE FOREGOING PROVISIONS OF THIS SUBDIVISION, WHEN THE DEFEND-
ANT IS CONVICTED OF AN OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIRTY OR
TWO HUNDRED SIXTY-THREE OR SECTION 255.25, 255.26 OR 255.27 OF THIS
CHAPTER AGAINST A VICTIM UNDER SIXTEEN YEARS OF AGE, AND THE DEFENDANT
IS ASSIGNED A LEVEL THREE SEX OFFENDER DESIGNATION PURSUANT TO SECTION
ONE HUNDRED SIXTY-EIGHT-L OF THE CORRECTION LAW, THE COURT SHALL REQUIRE
ELECTRONIC MONITORING FOR SUCH PERIOD OF THE OFFENDER'S PROBATIONARY
TERM, AS THE COURT DETERMINES IS NECESSARY.
4-B. MANDATORY TREATMENT REQUIREMENTS. WHEN IMPOSING A SENTENCE OF
PROBATION UPON A PERSON CONVICTED OF A CRIME DEFINED IN ARTICLE ONE
HUNDRED THIRTY OR TWO HUNDRED SIXTY-THREE OR SECTION 255.25, 255.26 OR
255.27 OF THIS CHAPTER, THE COURT SHALL REQUIRE AS A MANDATORY CONDITION
OF SUCH SENTENCE, THAT THE OFFENDER COMPLETE A SEX OFFENDER TREATMENT
PROGRAM, PURSUANT TO SECTION TWO HUNDRED FIFTY-EIGHT-A OF THE EXECUTIVE
LAW. SUCH PROGRAM SHALL BE A MINIMUM OF ONE FULL YEAR IN DURATION.
4-C. MANDATORY SUPERVISION REQUIREMENTS. WHEN IMPOSING A SENTENCE OF
PROBATION UPON A PERSON CONVICTED OF A CRIME DEFINED IN ARTICLE ONE
HUNDRED THIRTY OR TWO HUNDRED SIXTY-THREE OR SECTION 255.25, 255.26 OR
255.27 OF THIS CHAPTER, THE COURT SHALL IMPOSE AS A CONDITION OF SUCH
PROBATION A MANDATORY SUPERVISION REQUIREMENT OF AT LEAST SIX
FACE-TO-FACE SUPERVISION CONTACTS AND SIX COLLATERAL CONTACTS PER MONTH
FOR THAT PORTION OF THE OFFENDER'S PROBATION SENTENCE WHICH THE
PROBATION DEPARTMENT DETERMINES TO BE APPROPRIATE.
A. 2694 3
S 3. The executive law is amended by adding a new section 258-a to
read as follows:
S 258-A. UNIFORM STATEWIDE SEX OFFENDER TREATMENT PROGRAM STANDARDS.
THE DIVISION, USING SEX OFFENDER PROTOCOLS DEVELOPED BY THE OFFICE OF
SEX OFFENDER MANAGEMENT ESTABLISHED PURSUANT TO SECTION EIGHT HUNDRED
THIRTY-SEVEN-R OF THIS CHAPTER, SHALL DEVELOP, IMPLEMENT AND MONITOR
UNIFORM STATEWIDE SEX OFFENDER TREATMENT PROGRAM STANDARDS TO BE
UTILIZED BY PROBATION DEPARTMENTS.
S 4. This act shall take effect immediately.