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
              

A. 3505                             2

WHO  VIOLATES  THE PROVISIONS OF HIS OR HER SENTENCE. A JUDGE MAY IMPOSE
SUCH ADDITIONAL TERM FOR EACH SEPARATE PETITION.
  4.  FOR  PURPOSES  OF THIS SECTION, A SEX OFFENSE SHALL BE ANY OFFENSE
DEFINED IN ARTICLE ONE HUNDRED THIRTY OR SECTION 255.25 OF THIS CHAPTER.
  S 3. The correction law is amended by adding a new section  168-cc  to
read as follows:
  S  168-CC.  SEX  OFFENDER  TREATMENT  PROGRAM. 1. THE COMMISSIONER, IN
CONSULTATION WITH THE COMMISSIONER OF HEALTH  AND  THE  COMMISSIONER  OF
MENTAL  HEALTH,  SHALL  IMPLEMENT  A SEX OFFENDER TREATMENT PROGRAM. THE
PROGRAM SHALL BE APPLICABLE TO ANY INDIVIDUAL WHO RECEIVES AN ADDITIONAL
SENTENCE PURSUANT TO SECTION 70.16 OF THE PENAL LAW.
  2. THE PROGRAM SHALL BE DESIGNED IN SUCH A WAY THAT A  TREATMENT  PLAN
WILL BE TAILORED FOR EACH INDIVIDUAL'S SPECIFIC NEEDS.
  3.  THE  COMMISSIONER SHALL ENSURE THAT AN INDIVIDUAL'S TREATMENT PLAN
WILL BE SPECIFIC TO THE INDIVIDUAL AND IN PROPORTION  TO  THE  CONVICTED
OFFENSE.
  4.  AN  INDIVIDUAL  SHALL BE REQUIRED TO COMPLY WITH ALL TERMS, CONDI-
TIONS, DATES, MEETINGS, ETC., IMPOSED BY THE COMMISSIONER AS PART OF THE
INDIVIDUAL'S TREATMENT PLAN.
  5. THE COMMISSIONER, OR HIS OR HER AGENT, SHALL NOTIFY THE DIVISION OF
CRIMINAL JUSTICE SERVICES OF ANY  VIOLATION  BY  AN  INDIVIDUAL  OF  THE
PROVISIONS OF HIS OR HER TREATMENT PROGRAM.
  S  4. The sum of eight hundred thousand dollars ($800,000), or so much
thereof as may be necessary, is hereby appropriated to the department of
correctional services out of moneys in the state treasury in the general
fund to the credit of the sex offender treatment program, not  otherwise
appropriated,  and made immediately available, for the purpose of carry-
ing out the provisions of this act. Such moneys shall be payable on  the
audit  and  warrant of the comptroller on vouchers certified or approved
by the commissioner of correctional services in the manner prescribed by
law.
  S 5. This act shall take effect on the ninetieth day  after  it  shall
have become a law.