senate Bill S1856A

2011-2012 Legislative Session

Restricts the residency of certain sex offenders

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2012 referred to correction
delivered to assembly
passed senate
Mar 22, 2012 advanced to third reading
Mar 21, 2012 2nd report cal.
Mar 20, 2012 1st report cal.434
Jan 04, 2012 referred to crime victims, crime and correction
Jun 24, 2011 committed to rules
Jun 06, 2011 amended on third reading 1856a
May 09, 2011 advanced to third reading
May 04, 2011 2nd report cal.
May 03, 2011 1st report cal.529
Jan 13, 2011 referred to crime victims, crime and correction

Votes

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Mar 20, 2012 - Crime Victims, Crime and Correction committee Vote

S1856A
10
2
committee
10
Aye
2
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Crime Victims, Crime and Correction committee vote details

Crime Victims, Crime and Correction Committee Vote: Mar 20, 2012

aye wr (2)

May 3, 2011 - Crime Victims, Crime and Correction committee Vote

S1856
8
2
committee
8
Aye
2
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S1856 - Bill Details

See Assembly Version of this Bill:
A2087B
Current Committee:
Law Section:
Correction Law
Laws Affected:
Add §168-ll, Cor L
Versions Introduced in 2009-2010 Legislative Session:
S2097, A5236

S1856 - Bill Texts

view summary

Restricts the residency of certain sex offenders; provides guidelines for the location of level two and level three sex offenders; allows municipalities to reject the placement of additional level two and level three sex offenders in such municipality if certain factors and requirements are met.

view sponsor memo
BILL NUMBER:S1856

TITLE OF BILL:

An act
to amend the correction law, in relation to restricting
the residency of certain sex offenders

PURPOSE:

Sex offenders often live in close proximity to one another, either in
the same dwelling or in the same neighborhood. This legislation would
restrict the number of sex offenders that could live in an area if a
high concentration of sex offenders were already living in the area
or if the municipality lacked the support services to properly keep
track of the offenders living in the community.

SUMMARY OF PROVISIONS:

The corrections law is amended by adding a new section 168-11.

JUSTIFICATION:

Oftentimes sex offenders will move in with, or near, other sex
offenders, placing a greater burden on the municipality to keep track
of all registered offenders.

A high concentration of sex offenders living in a community increases
the risk of are-offense and parents may be hesitant to raise their
children in communities where high numbers of sex offenders are living.

This legislation would help to ensure that sex offenders are not
placed or located into communities where they cannot be monitored and
where they will impose an increased risk to residents of the
communities.

LEGISLATIVE HISTORY:

2009-10: S.2097
2007-08: S.3419

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

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

    S. 1856                                                  A. 2087

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 13, 2011
                               ___________

IN  SENATE  --  Introduced  by  Sens. LAVALLE, MAZIARZ -- 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.
                                                           LBD03798-01-1

S. 1856                             2                            A. 2087

  (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.

Co-Sponsors

S1856A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A2087B
Current Committee:
Law Section:
Correction Law
Laws Affected:
Add §168-ll, Cor L
Versions Introduced in 2009-2010 Legislative Session:
S2097, A5236

S1856A (ACTIVE) - Bill Texts

view summary

Restricts the residency of certain sex offenders; provides guidelines for the location of level two and level three sex offenders; allows municipalities to reject the placement of additional level two and level three sex offenders in such municipality if certain factors and requirements are met.

view sponsor memo
BILL NUMBER:S1856A

TITLE OF BILL:

An act
to amend the correction law, in relation to restricting
the residency of certain sex offenders

PURPOSE:;

Sex offenders often live in close proximity to one another, either in
the same dwelling or in the same neighborhood. This legislation would
restrict the number of level 2 and level 3 sex offenders that could
live in an area if a high concentration of sex offenders were
already living in the area or if the municipality lacked the support
services to properly keep track of the offenders living in the
community.

SUMMARY OF PROVISIONS:;

The corrections law is amended by adding a new section 168-11

JUSTIFICATION:

Oftentimes sex offenders will move in with, or near, other sex
offenders, placing a greater burden on the municipality to keep track
of all registered offenders.

A high concentration of sex offenders living in a community
increases the risk of are-offense and parents may be hesitant to
raise their children in communities where high numbers of sex
offenders are living,

This legislation would help to ensure that level 2 and level 3sex
offenders arc not placed or located into communities where they
cannot be monitored and where they will impose an increased risk to
residents of the communities.

LEGISLATIVE HISTORY:;

2009-10: S.2097
2007-08: S.3419

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1856--A
    Cal. No. 529

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 13, 2011
                               ___________

Introduced  by Sens. LAVALLE, GRISANTI, MAZIARZ, YOUNG -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Crime  Victims,  Crime  and Correction -- reported favorably from said
  committee, ordered to first and second  report,  ordered  to  a  third
  reading,  amended  and  ordered  reprinted, retaining its place in the
  order of third reading

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 LEVEL TWO AND  LEVEL  THREE  SEX
OFFENDERS.  THE DIVISION, IN CONSULTATION AND COOPERATION WITH THE BOARD
OF EXAMINERS OF SEX OFFENDERS, DIVISION OF PAROLE, DEPARTMENT OF  MENTAL
HYGIENE,  AND  LOCAL  PROBATION  DEPARTMENTS  THROUGHOUT THE STATE SHALL
DEVELOP GUIDELINES AND PROCEDURES  ON  THE  PLACEMENT,  LOCATION,  RELO-
CATION,  OR SETTLEMENT OF LEVEL TWO AND LEVEL THREE 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 LEVEL TWO AND LEVEL THREE SEX  OFFENDERS  IN  SUCH  MUNICIPALITY.
FACTORS  TO  BE  CONSIDERED  IN DETERMINING WHETHER A MUNICIPALITY SHALL
ACCEPT ANY MORE SUCH INDIVIDUALS 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.
                                                           LBD03798-03-1

S. 1856--A                          2

  (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 LEVEL TWO AND LEVEL THREE SEX OFFENDERS WITHIN
SUCH MUNICIPALITY; AND
  3. THAT MUNICIPALITIES SHALL BE ALLOWED  TO  RESTRICT  THE  NUMBER  OF
LEVEL  TWO  AND  LEVEL  THREE  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 LEVEL TWO
AND LEVEL THREE SEX OFFENDERS TO LESS THAN TEN PERCENT OF THE NUMBER  OF
DWELLING  UNITS  THAT  ARE CONTAINED IN THE MULTIFAMILY DWELLING AND MAY
RESTRICT THE NUMBER OF LEVEL TWO AND LEVEL  THREE  SEX  OFFENDERS  IN  A
MULTIFAMILY DWELLING UNIT TO ONE; AND
  (B)  IN  ANY  SINGLE FAMILY DWELLING, MAY RESTRICT THE NUMBER OF LEVEL
TWO AND LEVEL THREE 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.

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