NY State Senate Bill 2017-S9169

Senate Bill S9169

2017-2018 Legislative Session

Relates to the placement of registered sex offenders by the office for people with developmental disabilities

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Archive: Last Bill Status - In Senate Committee Rules 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 19, 2018	referred to rules

co-Sponsors

2017-S9169 (ACTIVE) - Details

See Assembly Version of this Bill:: A11357
Current Committee:: Senate Rules
Law Section:: Mental Hygiene Law
Laws Affected:: Add §13.38-a, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S2028, A1477
2021-2022: S5538

2017-S9169 (ACTIVE) - Summary

Relates to the placement of registered sex offenders by the office for people with developmental disabilities; provides that registered sex offenders with developmental disabilities shall be placed only in residential placements specifically designated for registered sex offenders by the office.

2017-S9169 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9169

SPONSOR: LITTLE
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to placement of
registered sex offenders by the office for people with developmental
disabilities

 
PURPOSE:

This bill provides that registered sex offenders with developmental
disabilities shall not be placed in the same assisted living facilities
as the general population of individuals with developmental disabili-
ties.

 
SUMMARY OF PROVISIONS:

Section 1 directs OPWDD to establish separate homes for individuals with
developmental disabilities who are registered sex offenders with
adequate accommodations, staff, and safety, and establishes that regis-

tered sex offenders with developmental disabilities shall never be
placed in a home with the general population of individuals with devel-
opmental disabilities.

Section 2 establishes the effective date.

 
JUSTIFICATION:

In September 2018 families with relatives who live in a state-run home
for the developmentally disabled were notified that a Level 2 sex offen-
der would be placed in the home after being released from prison. The
registered sex offender had been convicted of third degree rape in both
2011 and 2014.

Individuals with developmental disabilities greatly benefit from
assisted living facilities where they are provided with care and inter-
action outside of their immediate families. Placing a registered sex
offender within those same homes could significantly disrupt the daily
activities of the home and create legitimate concerns for the families
of the individuals who already reside in those homes.  This legislation
would allow OPWDD to fulfill its responsibility to place registered sex
offenders with developmental disabilities in homes with adequate care
while protecting the general population of individuals with develop-
mental disabilities from them. Creating a separate space for individuals
with development disabilities from those convicted of sex crimes would
allow both populations to be properly cared for while providing peace of
mind to all parties involved.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2017-S9169 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9169
 
                             I N  S E N A T E
 
                            September 19, 2018
                                ___________
 
 Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the mental hygiene law,  in  relation  to  placement  of
   registered  sex  offenders by the office for people with developmental
   disabilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The mental hygiene law is amended by adding a new section
 13.38-a to read as follows:
 § 13.38-A PLACEMENT OF REGISTERED SEX OFFENDERS.
   1. THE OFFICE SHALL  DESIGNATE  SPECIFIC  RESIDENTIAL  PLACEMENTS  FOR
 INDIVIDUALS  WITH  DEVELOPMENTAL  DISABILITIES  WHO  ARE  REGISTERED SEX
 OFFENDERS PURSUANT TO ARTICLE SIX-C OF THE CORRECTION  LAW.  THE  OFFICE
 SHALL  DETERMINE HOW MANY RESIDENTIAL PLACEMENTS FOR INDIVIDUALS WHO ARE
 REGISTERED SEX OFFENDERS ARE NECESSARY TO PROVIDE ADEQUATE  SERVICES  TO
 SUCH  INDIVIDUALS AND SHALL ENSURE THAT THE LOCATION OF SUCH RESIDENTIAL
 PLACEMENTS ARE GEOGRAPHICALLY DISBURSED THROUGHOUT THE STATE.
   2. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, THE OFFICE SHALL
 NOT PERMIT OR CAUSE THE PLACEMENT OF ANY REGISTERED SEX OFFENDER IN  ANY
 RESIDENTIAL  PLACEMENT  OTHER  THAN  SPECIFICALLY DESIGNATED RESIDENTIAL
 PLACEMENTS FOR REGISTERED SEX OFFENDERS AS PROVIDED IN  SUBDIVISION  ONE
 OF THIS SECTION.
   3.  THE  OFFICE  SHALL  DEVELOP  A STAFFING MODEL FOR SUCH RESIDENTIAL
 PLACEMENTS FOR REGISTERED SEX OFFENDERS WHICH SHALL INCLUDE,  BUT  SHALL
 NOT  BE  LIMITED TO, AN ADEQUATE STAFF TO RESIDENT RATIO AND APPROPRIATE
 TRAINING, TO ENSURE THE SAFETY AND WELL-BEING OF THE RESIDENTS.
   4. TRANSITIONAL CARE PROVIDED TO SUCH REGISTERED  SEX  OFFENDERS  WITH
 DEVELOPMENTAL DISABILITIES SHALL INCLUDE OUTREACH BY THE OFFICE TO LOCAL
 LAW ENFORCEMENT.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16547-01-8

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Senate Bill S9169

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Sponsored By

Betty Little