Requires sex offenders to be sentenced to a treatment program implemented by the department of corrections; provides that failure to comply with the provisions of an individual treatment plan shall constitute a violation of the provisions of a sentence and shall subject the individual to additional terms of imprisonment; the judge may impose an additional term of up to three years for each violation of an individual's sentence; appropriates $800,000 therefor.
S T A T E O F N E W Y O R K
________________________________________________________________________
3505
2009-2010 Regular Sessions
I N A S S E M B L Y
January 27, 2009
___________
Introduced by M. of A. BRADLEY, PHEFFER, HOYT, CANESTRARI, GALEF,
PAULIN, ORTIZ, FIELDS, BENEDETTO, ESPAILLAT, CLARK, BENJAMIN, SCHROE-
DER, HOOPER -- Multi-Sponsored by -- M. of A. ALFANO, BARRA, MAYER-
SOHN, WEISENBERG -- read once and referred to the Committee on Codes
AN ACT to amend the penal law and the correction law, in relation to
implementing the safety from sex offenders act; and making an appro-
priation therefor
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 "safety from sex offenders act".
S 2. The penal law is amended by adding a new section 70.16 to read as
follows:
S 70.16 ADDITIONAL SENTENCES FOR SEXUAL OFFENSES.
1. ANY PERSON WHO IS INCARCERATED UPON THE CONVICTION OF A SEXUAL
OFFENSE OR A SEXUALLY VIOLENT OFFENSE AND SUCH OFFENSE IS A FELONY SHALL
ALSO BE SENTENCED TO A SEX OFFENDER TREATMENT PROGRAM IMPLEMENTED BY THE
DEPARTMENT OF CORRECTIONAL SERVICES PURSUANT TO SECTION ONE HUNDRED
SIXTY-EIGHT-CC OF THE CORRECTION LAW.
2. ANY PERSON WHO FAILS TO COOPERATE AND COMPLY WITH THE TERMS AND
CONDITIONS OF HIS OR HER SEX OFFENDER TREATMENT PROGRAM SHALL BE DEEMED
TO HAVE VIOLATED THE PROVISIONS OF HIS OR HER SENTENCE. EACH INSTANCE OF
FAILING TO COOPERATE AND COMPLY WITH THE TREATMENT PROGRAM SHALL CONSTI-
TUTE A SEPARATE VIOLATION. THE LOCAL DEPARTMENT OF CORRECTIONS THROUGH
THE ATTORNEY GENERAL'S OFFICE OR THE OFFICE OF THE LOCAL DISTRICT ATTOR-
NEY SHALL FILE A PETITION WITH THE COURT REGARDING A DEFENDANT'S SEX
OFFENDER TREATMENT PROGRAM VIOLATION. THE PETITION SHALL ALLEGE SUCH
FACTS THAT CONSTITUTE VIOLATIONS OF THE PROGRAM.
3. A JUDGE, UPON A FINDING OF CLEAR AND CONVINCING EVIDENCE THAT THE
VIOLATION OR VIOLATIONS ALLEGED IN THE PETITION DID EXIST, MAY IMPOSE AN
ADDITIONAL TERM OF IMPRISONMENT OF UP TO THREE YEARS ON ANY INDIVIDUAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03349-01-9
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