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

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.