Senate Bill S1856

2011-2012 Legislative Session

Restricts the residency of certain sex offenders

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2011-S1856 - Details

Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Add §168-11, Cor L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2097
2013-2014: S3659
2015-2016: S4434

2011-S1856 - 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.

2011-S1856 - Sponsor Memo

2011-S1856 - Bill Text download pdf

                            
                    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

              

co-Sponsors

2011-S1856A (ACTIVE) - Details

Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Add §168-11, Cor L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2097
2013-2014: S3659
2015-2016: S4434

2011-S1856A (ACTIVE) - 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.

2011-S1856A (ACTIVE) - Sponsor Memo

2011-S1856A (ACTIVE) - Bill 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.
              

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