S T A T E O F N E W Y O R K
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1477--A
2019-2020 Regular Sessions
I N A S S E M B L Y
January 15, 2019
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Introduced by M. of A. WOERNER, ZEBROWSKI, BUTTENSCHON, JONES, McDONALD,
D'URSO, SAYEGH, WILLIAMS, ARROYO, CROUCH, DiPIETRO, B. MILLER, DeSTE-
FANO, SMULLEN, GIGLIO, STEC -- Multi-Sponsored by -- M. of A. GRIFFIN,
HAWLEY, KOLB, RA, WALSH -- read once and referred to the Committee on
Mental Health -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
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. FOR PURPOSES OF THIS SECTION, THE TERM "REGISTERED SEX OFFENDER"
SHALL MEAN ALL REGISTERED SEX OFFENDERS PURSUANT TO ARTICLE SIX-C OF THE
CORRECTION LAW, EXCEPT FOR A LEVEL ONE SEX OFFENDER WHO HAS NOT BEEN
DESIGNATED AS A SEXUAL PREDATOR, A SEXUALLY VIOLENT OFFENDER, OR A PRED-
ICATE SEX OFFENDER.
2. THE OFFICE SHALL DESIGNATE SPECIFIC RESIDENTIAL PLACEMENTS FOR
INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES WHO ARE REGISTERED SEX
OFFENDERS. 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.
3. 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. PROVIDED, HOWEVER, THIS SUBDIVISION SHALL NOT APPLY TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01265-03-9
A. 1477--A 2
REGISTERED SEX OFFENDERS WHO HAVE ALREADY BEEN SUCCESSFULLY PLACED BY
THE OFFICE IN A RESIDENTIAL PLACEMENT FOR INDIVIDUALS WITH DEVELOPMENTAL
DISABILITIES.
4. 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.
5. 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.