S T A T E O F N E W Y O R K
________________________________________________________________________
6152
2013-2014 Regular Sessions
I N A S S E M B L Y
March 15, 2013
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Introduced by M. of A. TEDISCO, McDONOUGH, RAIA -- Multi-Sponsored by --
M. of A. BARCLAY, CERETTO, CROUCH, FINCH, FITZPATRICK, GIGLIO, KOLB,
MILLER, OAKS, SALADINO, THIELE -- read once and referred to the
Committee on Correction
AN ACT to amend the correction law, in relation to establishing addi-
tional restrictions on parole and relocation for certain sex offenders
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (c) of subdivision 5 of section 168-l of the
correction law, as added by chapter 192 of the laws of 1995, is amended
to read as follows:
(c) conditions of release that minimize risk [or] OF re-offense,
including but not limited to whether the sex offender is under super-
vision; receiving counseling, therapy or treatment; [or] residing in a
home situation that provides guidance and supervision; OR THE EXISTENCE
OF PROVISIONS TO MINIMIZE THE NUMBER OF SEX OFFENDERS THAT ARE PLACED OR
LOCATED WITHIN RESIDENTIAL AREAS OF A MUNICIPALITY OR PORTION OF A MUNI-
CIPALITY THAT ALREADY CONTAINS A HIGH CONCENTRATION OF SUCH INDIVIDUALS;
S 2. 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
SEXUAL OFFENDERS, SEXUALLY VIOLENT OFFENDERS AND SEXUAL PREDATORS WITHIN
THE COMMUNITY THAT HAVE BEEN CLASSIFIED WITH A LEVEL TWO OR LEVEL THREE
DESIGNATION. 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08185-01-3
A. 6152 2
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
(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 LIMIT THE NUMBER OF LEVEL
TWO AND LEVEL THREE SEX OFFENDERS AT AN ADDRESS WHO ARE NOT MARRIED OR
RELATED TO EACH OTHER TO NO MORE THAN ONE PER SUCH ADDRESS.
S 3. This act shall take effect immediately.