S T A T E O F N E W Y O R K
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3919
2009-2010 Regular Sessions
I N A S S E M B L Y
January 29, 2009
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Introduced by M. of A. KOON, JOHN, GABRYSZAK, REILLY, CHRISTENSEN,
FIELDS, COLTON, ROBINSON, SCHROEDER, EDDINGTON -- Multi-Sponsored by
-- M. of A. ALFANO, BACALLES, BENJAMIN, CLARK, DUPREY, FINCH,
HYER-SPENCER, MAISEL, MAYERSOHN, McDONOUGH, McKEVITT, MOLINARO, OAKS,
PEOPLES, PHEFFER, SAYWARD, WALKER -- read once and referred to the
Committee on Mental Health, Mental Retardation and Developmental Disa-
bilities
AN ACT to amend the mental hygiene law, in relation to establishing new
sexually violent predator facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The mental hygiene law is amended by adding a new section
7.26 to read as follows:
S 7.26 SEXUALLY VIOLENT PREDATOR FACILITIES.
1. PRIOR TO OPENING ANY SEXUALLY VIOLENT PREDATOR FACILITY, THE
OFFICE SHALL BE REQUIRED TO HOLD A MINIMUM OF TWO PUBLIC HEARINGS. THE
PLACE, DATE AND TIME OF EACH MEETING SHALL BE CLEARLY AND CONSPICUOUSLY
POSTED TO PROVIDE ADEQUATE NOTICE TO ALL LOCAL RESIDENTS. SUCH NOTICE
SHALL BE POSTED AT LEAST THIRTY DAYS PRIOR TO SUCH MEETING. EACH MEET-
ING SHALL HAVE AT LEAST A PORTION OF SUCH MEETING OPEN TO THE PUBLIC FOR
GENERAL COMMENT. THE OFFICE SHALL NOT MAKE A DETERMINATION AS TO THE
VIABILITY OF THE ESTABLISHMENT OF A SEXUALLY VIOLENT PREDATOR FACILITY
UNTIL AFTER ALL PUBLIC MEETINGS HAVE BEEN HELD. THE OFFICE MUST STATE,
IN WRITING, WITH PARTICULARITY, THE REASONS FOR AUTHORIZING THE ESTAB-
LISHMENT OF A FACILITY. THE OFFICE MUST ALSO POST THE INFORMATION ON THE
OFFICE'S WEBSITE.
2. NO FACILITY MAY BE ESTABLISHED WITHIN A ONE-MILE RADIUS OF ANY
SCHOOL, DAY CARE, PUBLIC PARK, OR SIMILAR ESTABLISHMENT.
3. NO FACILITY MAY BE ESTABLISHED WITHIN THIRTY MILES OF AN EXISTING
SEXUALLY VIOLENT PREDATOR FACILITY.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02473-01-9