S T A T E O F N E W Y O R K
________________________________________________________________________
S. 2097 A. 5236
2009-2010 Regular Sessions
S E N A T E - A S S E M B L Y
February 11, 2009
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IN SENATE -- Introduced by Sens. LAVALLE, BONACIC, FLANAGAN, LITTLE --
read twice and ordered printed, and when printed to be committed to
the Committee on Crime Victims, Crime and Correction
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Correction
AN ACT to amend the correction law, in relation to restricting the resi-
dency of certain sex offenders
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The correction law is amended by adding a new section 168-
ll to read as follows:
S 168-LL. GUIDELINES FOR LOCATION FOR SEX OFFENDERS. THE DIVISION, IN
CONSULTATION AND COOPERATION WITH THE BOARD OF EXAMINERS OF SEX OFFEN-
DERS, DIVISION OF PAROLE, DEPARTMENT OF MENTAL HYGIENE, AND LOCAL
PROBATION DEPARTMENTS THROUGHOUT THE STATE SHALL DEVELOP GUIDELINES AND
PROCEDURES ON THE PLACEMENT, LOCATION, RELOCATION, OR SETTLEMENT OF SEX
OFFENDERS WITHIN THE COMMUNITY. SUCH GUIDELINES AND PROCEDURES SHALL BE
BASED UPON, BUT NOT LIMITED TO, THE FOLLOWING:
1. THAT MUNICIPALITIES BE ALLOWED TO REJECT THE PLACEMENT OF ADDI-
TIONAL SEX OFFENDERS IN SUCH MUNICIPALITY. FACTORS TO BE CONSIDERED IN
DETERMINING WHETHER A MUNICIPALITY SHALL ACCEPT ANY MORE SUCH INDIVID-
UALS SHALL INCLUDE:
(A) THAT SUCH INDIVIDUALS ARE NOT CURRENTLY OVERLY CONCENTRATED IN
RESIDENTIAL AREAS OF ONE MUNICIPALITY OR PORTION OF A MUNICIPALITY;
(B) ALL EFFORTS ARE BEING MADE TO LOCATE SUCH INDIVIDUALS IN AREAS
THAT HAVE ADEQUATE SUPPORT SERVICES TO MINIMIZE THE RISK OF RE-OFFENSE;
(C) THAT FAMILY AND FRIENDS ARE LOCATED REASONABLY CLOSE TO SUCH INDI-
VIDUALS TO PROVIDE FINANCIAL, PSYCHOLOGICAL, SOCIAL, AND MORAL SUPPORT
TO SUCH INDIVIDUALS IN ORDER TO MINIMIZE THE RISK OF RE-OFFENSE; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04006-01-9
S. 2097 2 A. 5236
(D) MEASURES ARE TAKEN TO ENSURE THAT SUCH INDIVIDUALS ARE PLACED IN
COMMUNITIES THAT CAN PHYSICALLY ACCOMMODATE SUCH INDIVIDUALS AND THAT
SUCH INDIVIDUALS ARE NOT LOCATED NEAR RE-OFFENSE RISK CENTERS, INCLUD-
ING, BUT NOT LIMITED TO, SCHOOLS, DAY CARE CENTERS, PLAYGROUNDS, OR ANY
OTHER FACILITY OR AREA THAT ATTRACTS CHILDREN OR IN WHICH CHILDREN
CONGREGATE;
2. THAT MUNICIPALITIES SHALL BE PERMITTED TO ALLOW OR REJECT A SECURE
COMMUNITY RESIDENCE FOR SEX OFFENDERS WITHIN SUCH MUNICIPALITY; AND
3. THAT MUNICIPALITIES SHALL BE ALLOWED TO RESTRICT THE NUMBER OF SEX
OFFENDERS AT A RESIDENCE, UNLESS SUCH PERSONS ARE LEGALLY RELATED BY
BLOOD, MARRIAGE OR ADOPTION, IN THE FOLLOWING MANNER:
(A) IN A MULTIFAMILY DWELLING, MAY RESTRICT THE NUMBER OF SEX OFFEN-
DERS TO LESS THAN TEN PERCENT OF THE NUMBER OF DWELLING UNITS THAT ARE
CONTAINED IN THE MULTIFAMILY DWELLING AND MAY RESTRICT THE NUMBER OF SEX
OFFENDERS IN A MULTIFAMILY DWELLING UNIT TO ONE; AND
(B) IN ANY SINGLE FAMILY DWELLING, MAY RESTRICT THE NUMBER OF SEX
OFFENDERS RESIDING THEREIN TO ONE;
(C) FOR THE PURPOSES OF THIS SECTION:
(1) "MULTIFAMILY DWELLING" MEANS A BUILDING OR BUILDINGS THAT ARE
LOCATED IN AN AREA ZONED RESIDENTIAL, THAT ARE ATTACHED TO EACH OTHER,
THAT CONTAIN TWO OR MORE DWELLING UNITS, INCLUDING TRIPLEXES, FOURPLEXES
AND APARTMENTS, AND THAT HAVE AS THEIR PRIMARY ACCESS A COMMON HALLWAY
OR CORRIDOR.
(2) "MULTIFAMILY DWELLING UNIT" MEANS ONE OR MORE ROOMS WITHIN A
BUILDING THAT ARE ARRANGED, DESIGNED OR USED FOR RESIDENTIAL PURPOSES
AND THAT CONTAIN INDEPENDENT SANITARY AND COOKING FACILITIES.
S 2. This act shall take effect immediately.