BILL NUMBER:S4339

TITLE OF BILL:

An act to amend the correction law, in relation to permissible
employment, employment related activities, and volunteer activities
that may be performed by convicted sex offenders

PURPOSE:

This bill would prohibit an individual who is a convicted sex offender
from working or volunteering in a position where they would have
unsupervised access to a residential living quarters.

SUMMARY OF PROVISIONS:

Section one amends the correction law to prohibit an individual
registered under the sex offender registration act from being employed
or volunteering for a position which would permit such person to have
unsupervised access to a residential living quarters.

Section two sets an immediate effective date.

EXISTING LAW:

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JUSTIFICATION:

The enactment of the Sex Offender Registration Act (SORA) (Correction
Law Article 6-C) established a system within which to protect our
communities by requiring sex offenders to register with the State, and
to make public information about offenders living in our
neighborhoods. Armed with this information, our communities are able
to shield the most vulnerable of citizens.

The law has provisions regarding residential prohibitions, however,
employment prohibitions to provide necessary public protection are not
as comprehensive. In fact, there are no prohibitions from hiring a
registered sex offender and giving them unsupervised access to a
person's home.

This loophole was highlighted in the news when it was discovered that
a Level-3 sex offender was employed as a superintendent in a
residential building in Manhattan. Employment as a building
superintendent allowed this convicted offender to possess keys to
individual apartments. Permitting convicted sex offenders such
unsupervised access is dangerous, and counter-intuitive. Most shocking
about this unfettered access to residences, is that the existing law
does not prohibit convicted sex offenders from obtaining such
employment.

Amending Section 168-v of the Correction Law expands and enhances the
protections established by the Sex Offender Registration Act. This
amendment is not intended to bar one's ability to secure a livelihood,
but to exclude from permissible employment those positions in which
convicted sex offenders have unsupervised access to residences.


Requiring direct supervision of any convicted sex offender employee,
or volunteer, who has access to residential living quarters is not
only prudent, but necessary for public protection.

LEGISLATIVE HISTORY:

2011-12: S1418 Passed Senate

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

Immediately