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Assembly Bill A6796

2009-2010 Legislative Session

Requires level 2 or 3 sex offenders to wear monitoring devices attached around their ankle

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Archive: Last Bill Status - In Assembly Committee

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2009-A6796 (ACTIVE) - Details

Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Amd ยง168-q, Cor L

2009-A6796 (ACTIVE) - Summary

Requires level 2 and 3 sex offenders as defined wear monitoring devices inserted around their ankle.

2009-A6796 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6796

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 12, 2009
                               ___________

Introduced  by  M.  of  A. BALL, SPANO, TOBACCO, WALKER -- read once and
  referred to the Committee on Correction

AN ACT to amend the correction law, in relation to monitoring  of  level
  two or three sex offenders

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 168-q of the correction law is amended by adding  a
new subdivision 3 to read as follows:
  3. IN ADDITION TO ANY OTHER REQUIREMENT IMPOSED BY LAW, ANY SEX OFFEN-
DER  WHO  HAS  BEEN  DESIGNATED  AS A LEVEL TWO OR THREE OFFENDER SHALL,
ANYTIME THEY ARE NOT OTHERWISE  INCARCERATED,  BE  REQUIRED  TO  WEAR  A
GLOBAL  POSITIONING SYSTEM DEVICE WHICH DETERMINES THEIR LOCATION WITHIN
THE STATE, WHICH DEVICE SHALL BE ATTACHED AND MAINTAINED  AROUND  EITHER
ANKLE  OF  SUCH  PERSON. SUCH DEVICE KNOWN AS AN ANKLE TRACKING BRACELET
SHALL BE WORN FOR THE DURATION  OF  THE  PERIOD  WHICH  SUCH  PERSON  IS
REQUIRED  TO  REGISTER  PURSUANT  TO  THIS ARTICLE. SUCH DEVICE SHALL BE
CONTINUOUSLY MONITORED BY A COLLECTING  AGENCY  WHICH  AGENCY  SHALL  BE
SUBJECT TO RULES AND REGULATIONS PROMULGATED BY THE DIVISION. ANY NOTICE
OF MOVEMENT OF THE SEX OFFENDER AS COLLECTED BY THE AGENCY MAY BE AVAIL-
ABLE  TO THE PUBLIC UPON APPLICATION AS DETERMINED BY THE DIVISION TO BE
PROPER FOR RELEASE. IN ADDITION SUCH DEVICES SHALL BE CAPABLE  OF  BEING
MONITORED  BY THE PUBLIC IN GENERAL ON THE DIVISION WEBSITE OR AN APPRO-
PRIATE MONITORING DEVICE. ANY SENTENCE IMPOSED UNDER THIS ARTICLE FOR  A
VIOLATION  OF  THIS  SUBDIVISION  SHALL INCLUDE INCARCERATION FOR A TERM
DETERMINED BY THE COURT.  ANY FUNDS NECESSARY FOR THE IMPLEMENTATION  OF
THE PROVISIONS OF THIS SECTION BY A LOCAL POLICE OR SHERIFF'S DEPARTMENT
SHALL  BE  PROVIDED  BY  THE  STATE  UNDER  RULES AND REGULATIONS OF THE
COMMISSIONER.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided  that  any  rules  and  regulations
necessary  to implement the provisions of this act on its effective date
are authorized and directed to be promulgated on or before  such  effec-
tive date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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