S T A T E O F N E W Y O R K
________________________________________________________________________
564
2019-2020 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2019
___________
Introduced by M. of A. BRAUNSTEIN, WEPRIN, SIMOTAS, M. G. MILLER, OTIS,
RA, JAFFEE, MOSLEY, ARROYO, PALUMBO, MONTESANO, FINCH, RAIA, BRABENEC,
PALMESANO, FRIEND, ENGLEBRIGHT, COOK -- Multi-Sponsored by -- M. of A.
BARCLAY, BLANKENBUSH, CROUCH, FITZPATRICK, HAWLEY, HEVESI, KOLB,
LUPARDO, SCHIMMINGER, SOLAGES, STEC -- read once and referred to the
Committee on Correction
AN ACT to amend the correction law, the executive law, the mental
hygiene law, the penal law and the social services law, in relation to
the residence of a sex offender
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 168-c of the correction law is amended by adding a
new subdivision 2-a to read as follows:
2-A. UPON NOTIFICATION PURSUANT TO SUBDIVISIONS ONE OR TWO OF THIS
SECTION, IT SHALL BE THE DUTY OF THE DIVISION TO CONFIRM THAT A SEX
OFFENDER'S PROPOSED RESIDENCE IS NOT WITHIN THE AREA DEFINED AS SCHOOL
GROUNDS, AS SUCH TERM IS DEFINED IN SUBDIVISION FOURTEEN OF SECTION
220.00 OF THE PENAL LAW, OR A PLAYGROUND, AS SUCH TERM IS DEFINED IN
SUBDIVISION TWENTY-TWO OF SECTION 10.00 OF THE PENAL LAW, THE MEASURE-
MENTS TO BE TAKEN IN STRAIGHT LINES FROM THE CENTER OF THE NEAREST
ENTRANCE OF THE RESIDENCE TO THE NEAREST REAL PROPERTY BOUNDARY LINE
COMPRISING SUCH SCHOOL GROUNDS OR PLAYGROUND.
§ 2. Subdivisions 2 and 3 of section 168-d of the correction law,
subdivision 2 as amended by chapter 684 of the laws of 2005, and subdi-
vision 3 as amended by chapter 11 of the laws of 2002, are amended to
read as follows:
2. Any sex offender, who is released on probation or discharged upon
payment of a fine, conditional discharge or unconditional discharge
shall, prior to such release or discharge, be informed of his or her
duty to register under this article by the court in which he or she was
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02929-01-9
A. 564 2
convicted. At the time sentence is imposed, such sex offender shall
register with the division on a form prepared by the division. The court
shall require the sex offender to read and sign such form and to
complete the registration portion of such form. The court shall on such
form obtain the address where the sex offender expects to reside upon
his or her release, and the name and address of any institution of high-
er education he or she expects to be employed by, enrolled in, attending
or employed, whether for compensation or not, and whether he or she
expects to reside in a facility owned or operated by such an institu-
tion, and shall report such information to the division. The court shall
give one copy of the form to the sex offender and shall send two copies
to the division which shall forward the information to the law enforce-
ment agencies having jurisdiction. The court shall also notify the
district attorney and the sex offender of the date of the determination
proceeding to be held pursuant to subdivision three of this section,
which shall be held at least forty-five days after such notice is given.
This notice shall include the following statement or a substantially
similar statement: "This proceeding is being held to determine whether
you will be classified as a level 3 offender (risk of repeat offense is
high), a level 2 offender (risk of repeat offense is moderate), or a
level 1 offender (risk of repeat offense is low), or whether you will be
designated as a sexual predator, a sexually violent offender or a predi-
cate sex offender, which will determine how long you must register as a
sex offender, WHERE YOU MAY RESIDE, WORK OR TRAVEL, and how much infor-
mation can be provided to the public concerning your registration. If
you fail to appear at this proceeding, without sufficient excuse, it
shall be held in your absence. Failure to appear may result in a longer
period of registration or a higher level of community notification
because you are not present to offer evidence or contest evidence
offered by the district attorney." The court shall also advise the sex
offender that he or she has a right to a hearing prior to the court's
determination, that he or she has the right to be represented by counsel
at the hearing and that counsel will be appointed if he or she is finan-
cially unable to retain counsel. If the sex offender applies for assign-
ment of counsel to represent him or her at the hearing and counsel was
not previously assigned to represent the sex offender in the underlying
criminal action, the court shall determine whether the offender is
financially unable to retain counsel. If such a finding is made, the
court shall assign counsel to represent the sex offender pursuant to
article eighteen-B of the county law. Where the court orders a sex
offender released on probation, such order must include a provision
requiring that he or she comply with the requirements of this article.
Where such sex offender violates such provision, probation may be imme-
diately revoked in the manner provided by article four hundred ten of
the criminal procedure law.
3. For sex offenders released on probation or discharged upon payment
of a fine, conditional discharge or unconditional discharge, it shall be
the duty of the court applying the guidelines established in subdivision
five of section one hundred sixty-eight-l of this article to determine
the level of notification pursuant to subdivision six of section one
hundred sixty-eight-l of this article and whether such sex offender
shall be designated a sexual predator, sexually violent offender, or
predicate sex offender as defined in subdivision seven of section one
hundred sixty-eight-a of this article. At least fifteen days prior to
the determination proceeding, the district attorney shall provide to the
court and the sex offender a written statement setting forth the deter-
A. 564 3
minations sought by the district attorney together with the reasons for
seeking such determinations. The court shall allow the sex offender to
appear and be heard. The state shall appear by the district attorney, or
his or her designee, who shall bear the burden of proving the facts
supporting the determinations sought by clear and convincing evidence.
Where there is a dispute between the parties concerning the determi-
nations, the court shall adjourn the hearing as necessary to permit the
sex offender or the district attorney to obtain materials relevant to
the determinations from any state or local facility, hospital, institu-
tion, office, agency, department or division. Such materials may be
obtained by subpoena if not voluntarily provided to the requesting
party. In making the determinations, the court shall review any victim's
statement and any relevant materials and evidence submitted by the sex
offender and the district attorney and the court may consider reliable
hearsay evidence submitted by either party provided that it is relevant
to the determinations. Facts previously proven at trial or elicited at
the time of entry of a plea of guilty shall be deemed established by
clear and convincing evidence and shall not be relitigated. The court
shall render an order setting forth its determinations and the findings
of fact and conclusions of law on which the determinations are based,
SUCH ORDER SHALL ALSO INCLUDE ANY CONDITIONS THAT ARE REQUIRED TO BE
IMPOSED PURSUANT TO SECTION 65.10 OF THE PENAL LAW. A copy of the order
shall be submitted by the court to the division. Upon application of
either party, the court shall seal any portion of the court file or
record which contains material that is confidential under any state or
federal statute. Either party may appeal as of right from the order
pursuant to the provisions of articles fifty-five, fifty-six and fifty-
seven of the civil practice law and rules. Where counsel has been
assigned to represent the sex offender upon the ground that the sex
offender is financially unable to retain counsel, that assignment shall
be continued throughout the pendency of the appeal, and the person may
appeal as a poor person pursuant to article eighteen-B of the county
law.
§ 3. Section 168-f of the correction law is amended by adding a new
subdivision 4-a to read as follows:
4-A. A SEX OFFENDER WHO HAS ESTABLISHED A RESIDENCE SHALL NOT CHANGE
SAID RESIDENCE SO AS TO RESIDE WITHIN THE AREA DEFINED AS SCHOOL
GROUNDS, AS SUCH TERM IS DEFINED IN SUBDIVISION FOURTEEN OF SECTION
220.00 OF THE PENAL LAW, OR A PLAYGROUND, AS SUCH TERM IS DEFINED IN
SUBDIVISION TWENTY-TWO OF SECTION 10.00 OF THE PENAL LAW, THE MEASURE-
MENTS TO BE TAKEN IN STRAIGHT LINES FROM THE CENTER OF THE NEAREST
ENTRANCE OF THE RESIDENCE TO THE REAL PROPERTY BOUNDARY LINE COMPRISING
SUCH SCHOOL GROUNDS OR PLAYGROUND.
§ 4. Subdivision 2 of section 168-k of the correction law, as amended
by chapter 684 of the laws of 2005, is amended to read as follows:
2. The division shall advise the board that the sex offender has
established residence in this state. The board shall determine whether
the sex offender is required to register with the division. If it is
determined that the sex offender is required to register, the division
shall notify the sex offender of his or her duty to register under this
article and shall require the sex offender to sign a form as may be
required by the division acknowledging that the duty to register and the
procedure for registration has been explained to the sex offender. The
division shall obtain on such form the address where the sex offender
expects to reside within the state and the sex offender shall retain one
copy of the form and send two copies to the division which shall provide
A. 564 4
the information to the law enforcement agency having jurisdiction where
the sex offender expects to reside within this state. No later than
thirty days prior to the board making a recommendation, the sex offender
shall be notified that his or her case is under review and that he or
she is permitted to submit to the board any information relevant to the
review. After reviewing any information obtained, and applying the
guidelines established in subdivision five of section one hundred
sixty-eight-l of this article, the board shall within sixty calendar
days make a recommendation regarding the level of notification pursuant
to subdivision six of section one hundred sixty-eight-l of this article
and whether such sex offender shall be designated a sexual predator,
sexually violent offender, or predicate sex offender as defined in
subdivision seven of section one hundred sixty-eight-a of this article.
This recommendation shall be confidential and shall not be available for
public inspection. It shall be submitted by the board to the county
court or supreme court and to the district attorney in the county of
residence of the sex offender and to the sex offender. It shall be the
duty of the county court or supreme court in the county of residence of
the sex offender, applying the guidelines established in subdivision
five of section one hundred sixty-eight-l of this article, to determine
the level of notification pursuant to subdivision six of section one
hundred sixty-eight-l of this article and whether such sex offender
shall be designated a sexual predator, sexually violent offender, or
predicate sex offender as defined in subdivision seven of section one
hundred sixty-eight-a of this article. At least thirty days prior to the
determination proceeding, such court shall notify the district attorney
and the sex offender, in writing, of the date of the determination
proceeding and the court shall also provide the district attorney and
sex offender with a copy of the recommendation received from the board
and any statement of the reasons for the recommendation received from
the board. This notice shall include the following statement or a
substantially similar statement: "This proceeding is being held to
determine whether you will be classified as a level 3 offender (risk of
repeat offense is high), a level 2 offender (risk of repeat offense is
moderate), or a level 1 offender (risk of repeat offense is low), or
whether you will be designated as a sexual predator, a sexually violent
offender or a predicate sex offender, which will determine how long you
must register as a sex offender, WHERE YOU MAY RESIDE, WORK OR TRAVEL,
and how much information can be provided to the public concerning your
registration. If you fail to appear at this proceeding, without suffi-
cient excuse, it shall be held in your absence. Failure to appear may
result in a longer period of registration or a higher level of community
notification because you are not present to offer evidence or contest
evidence offered by the district attorney." The court shall also advise
the sex offender that he or she has a right to a hearing prior to the
court's determination, that he or she has the right to be represented by
counsel at the hearing and that counsel will be appointed if he or she
is financially unable to retain counsel. A returnable form shall be
enclosed in the court's notice to the sex offender on which the sex
offender may apply for assignment of counsel. If the sex offender
applies for assignment of counsel and the court finds that the offender
is financially unable to retain counsel, the court shall assign counsel
to represent the sex offender pursuant to article eighteen-B of the
county law. If the district attorney seeks a determination that differs
from the recommendation submitted by the board, at least ten days prior
to the determination proceeding the district attorney shall provide to
A. 564 5
the court and the sex offender a statement setting forth the determi-
nations sought by the district attorney together with the reasons for
seeking such determinations. The court shall allow the sex offender to
appear and be heard. The state shall appear by the district attorney, or
his or her designee, who shall bear the burden of proving the facts
supporting the determinations sought by clear and convincing evidence.
It shall be the duty of the court applying the guidelines established in
subdivision five of section one hundred sixty-eight-l of this article to
determine the level of notification pursuant to subdivision six of
section one hundred sixty-eight-l of this article and whether such sex
offender shall be designated a sexual predator, sexually violent offen-
der, or predicate sex offender as defined in subdivision seven of
section one hundred sixty-eight-a of this article. Where there is a
dispute between the parties concerning the determinations, the court
shall adjourn the hearing as necessary to permit the sex offender or the
district attorney to obtain materials relevant to the determinations
from the state board of examiners of sex offenders or any state or local
facility, hospital, institution, office, agency, department or division.
Such materials may be obtained by subpoena if not voluntarily provided
to the requesting party. In making the determinations the court shall
review any victim's statement and any relevant materials and evidence
submitted by the sex offender and the district attorney and the recom-
mendation and any material submitted by the board, and may consider
reliable hearsay evidence submitted by either party, provided that it is
relevant to the determinations. If available, facts proven at trial or
elicited at the time of a plea of guilty shall be deemed established by
clear and convincing evidence and shall not be relitigated. The court
shall render an order setting forth its determinations and the findings
of fact and conclusions of law on which the determinations are based,
SUCH ORDER SHALL ALSO INCLUDE ANY CONDITIONS THAT ARE REQUIRED TO BE
IMPOSED PURSUANT TO SECTION 65.10 OF THE PENAL LAW. A copy of the order
shall be submitted by the court to the division. Upon application of
either party, the court shall seal any portion of the court file or
record which contains material that is confidential under any state or
federal statute. Either party may appeal as of right from the order
pursuant to the provisions of articles fifty-five, fifty-six and fifty-
seven of the civil practice law and rules. Where counsel has been
assigned to represent the sex offender upon the ground that the sex
offender is financially unable to retain counsel, that assignment shall
be continued throughout the pendency of the appeal, and the person may
appeal as a poor person pursuant to article eighteen-B of the county
law.
§ 5. Subdivision 3 of section 168-n of the correction law, as amended
by chapter 684 of the laws of 2005, is amended to read as follows:
3. No later than thirty days prior to the board's recommendation, the
sex offender shall be notified that his or her case is under review and
that he or she is permitted to submit to the board any information rele-
vant to the review. Upon receipt of the board's recommendation, the
sentencing court shall determine whether the sex offender was previously
found to be eligible for assigned counsel in the underlying case. Where
such a finding was previously made, the court shall assign counsel to
represent the offender, pursuant to article eighteen-B of the county
law. At least twenty days prior to the determination proceeding, the
sentencing court shall notify the district attorney, the sex offender
and the sex offender's counsel, in writing, of the date of the determi-
nation proceeding and shall also provide the district attorney, the sex
A. 564 6
offender and the sex offender's counsel with a copy of the recommenda-
tion received from the board and any statement of the reasons for the
recommendation received from the board. This notice shall include the
following statement or a substantially similar statement: "This
proceeding is being held to determine whether you will be classified as
a level 3 offender (risk of repeat offense is high), a level 2 offender
(risk of repeat offense is moderate), or a level 1 offender (risk of
repeat offense is low), or whether you will be designated as a sexual
predator, a sexually violent offender or a predicate sex offender, which
will determine how long you must register as a sex offender, WHERE YOU
MAY RESIDE, WORK OR TRAVEL, and how much information can be provided to
the public concerning your registration. If you fail to appear at this
proceeding, without sufficient excuse, it shall be held in your absence.
Failure to appear may result in a longer period of registration or a
higher level of community notification because you are not present to
offer evidence or contest evidence offered by the district attorney."
The written notice to the sex offender shall also advise the offender
that he or she has a right to a hearing prior to the court's determi-
nation, and that he or she has the right to be represented by counsel at
the hearing. If counsel has been assigned to represent the offender at
the determination proceeding, the notice shall also provide the name,
address and telephone number of the assigned counsel. Where counsel has
not been assigned, the notice shall advise the sex offender that counsel
will be appointed if he or she is financially unable to retain counsel,
and a returnable form shall be enclosed in the court's notice to the sex
offender on which the sex offender may apply for assignment of counsel.
If the sex offender applies for assignment of counsel and the court
finds that the offender is financially unable to retain counsel, the
court shall assign counsel to represent the sex offender pursuant to
article eighteen-B of the county law. If the district attorney seeks a
determination that differs from the recommendation submitted by the
board, at least ten days prior to the determination proceeding the
district attorney shall provide to the court and the sex offender a
statement setting forth the determinations sought by the district attor-
ney together with the reasons for seeking such determinations. The court
shall allow the sex offender to appear and be heard. The state shall
appear by the district attorney, or his or her designee, who shall bear
the burden of proving the facts supporting the determinations sought by
clear and convincing evidence. Where there is a dispute between the
parties concerning the determinations, the court shall adjourn the hear-
ing as necessary to permit the sex offender or the district attorney to
obtain materials relevant to the determinations from the state board of
examiners of sex offenders or any state or local facility, hospital,
institution, office, agency, department or division. Such materials may
be obtained by subpoena if not voluntarily provided to the requesting
party. In making the determinations the court shall review any victim's
statement and any relevant materials and evidence submitted by the sex
offender and the district attorney and the recommendation and any mate-
rials submitted by the board, and may consider reliable hearsay evidence
submitted by either party, provided that it is relevant to the determi-
nations. Facts previously proven at trial or elicited at the time of
entry of a plea of guilty shall be deemed established by clear and
convincing evidence and shall not be relitigated. The court shall render
an order setting forth its determinations and the findings of fact and
conclusions of law on which the determinations are based, SUCH ORDER
SHALL ALSO INCLUDE ANY CONDITIONS THAT ARE REQUIRED TO BE IMPOSED PURSU-
A. 564 7
ANT TO SECTION 65.10 OF THE PENAL LAW. A copy of the order shall be
submitted by the court to the division. Upon application of either
party, the court shall seal any portion of the court file or record
which contains material that is confidential under any state or federal
statute. Either party may appeal as of right from the order pursuant to
the provisions of articles fifty-five, fifty-six and fifty-seven of the
civil practice law and rules. Where counsel has been assigned to repre-
sent the sex offender upon the ground that the sex offender is finan-
cially unable to retain counsel, that assignment shall be continued
throughout the pendency of the appeal, and the person may appeal as a
poor person pursuant to article eighteen-B of the county law.
§ 6. Subdivision 1 of section 203 of the correction law, as added by
section 32 of subpart A of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
1. The commissioner shall promulgate rules and regulations that shall
include guidelines and procedures on the placement of sex offenders
designated as level two or level three offenders pursuant to article
six-C of this chapter, PROVIDED THAT SUCH GUIDELINES AND PROCEDURES
SHALL PROHIBIT THE PLACEMENT OF SUCH SEX OFFENDERS WITHIN THE AREA
DEFINED AS SCHOOL GROUNDS, AS SUCH TERM IS DEFINED IN SUBDIVISION FOUR-
TEEN OF SECTION 220.00 OF THE PENAL LAW, OR A PLAYGROUND, AS SUCH TERM
IS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 10.00 OF THE PENAL LAW.
Such regulations shall provide instruction on certain factors to be
considered when investigating and approving the residence of level two
or level three sex offenders released on presumptive release, parole,
conditional release or post-release supervision. Such factors shall
include the following:
(a) the location of other sex offenders required to register under the
sex offender registration act, specifically whether there is a concen-
tration of registered sex offenders in a certain residential area or
municipality;
(b) the number of registered sex offenders residing at a particular
property;
(c) the proximity of entities with vulnerable populations;
(d) accessibility to family members, friends or other supportive
services, including, but not limited to, locally available sex offender
treatment programs with preference for placement of such individuals
into programs that have demonstrated effectiveness in reducing sex
offender recidivism and increasing public safety; and
(e) the availability of permanent, stable housing in order to reduce
the likelihood that such offenders will be transient.
§ 7. The correction law is amended by adding a new section 209 to read
as follows:
§ 209. REGULATIONS FOR RELEASE OF SEX OFFENDERS DESIGNATED AS LEVEL
ONE OFFENDERS. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS
THAT SHALL INCLUDE GUIDELINES AND PROCEDURES ON THE PLACEMENT OF SEX
OFFENDERS DESIGNATED AS LEVEL ONE SEXUAL PREDATORS, SEXUALLY VIOLENT
OFFENDERS, OR PREDICATE SEX OFFENDERS PURSUANT TO ARTICLE SIX-C OF THIS
CHAPTER AND THE VICTIM OF THE OFFENSE FOR WHICH SUCH DESIGNATION WAS
RECEIVED WAS UNDER THE AGE OF EIGHTEEN AT THE TIME OF SUCH OFFENSE,
PROVIDED THAT SUCH GUIDELINES AND PROCEDURES SHALL PROHIBIT THE PLACE-
MENT OF SUCH SEX OFFENDERS WITHIN ANY SCHOOL GROUNDS, AS SUCH TERM IS
DEFINED IN SUBDIVISION FOURTEEN OF SECTION 220.00 OF THE PENAL LAW, OR A
PLAYGROUND, AS SUCH TERM IS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION
10.00 OF THE PENAL LAW.
A. 564 8
§ 8. Subdivision 14 of section 259-c of the executive law, as amended
by section 38-b of subpart A of part C of chapter 62 of the laws of
2011, is amended to read as follows:
14. notwithstanding any other provision of law to the contrary, where
a person serving a sentence for an offense defined in article one
hundred thirty, one hundred thirty-five or two hundred sixty-three of
the penal law or section 255.25, 255.26 or 255.27 of the penal law and
the victim of such offense was under the age of eighteen at the time of
such offense or such person has been designated a level TWO OR LEVEL
three sex offender pursuant to subdivision six of section one hundred
sixty-eight-l of the correction law, is released on parole or condi-
tionally released pursuant to subdivision one or two of this section,
the board shall require, as a mandatory condition of such release, that
such sentenced offender shall refrain from knowingly entering into or
upon any school grounds, as that term is defined in subdivision fourteen
of section 220.00 of the penal law, [or] any other facility or institu-
tion primarily used for the care or treatment of persons under the age
of eighteen while one or more of such persons under the age of eighteen
are present, OR ANY PLAYGROUND, AS THAT TERM IS DEFINED IN SUBDIVISION
TWENTY-TWO OF SECTION 10.00 OF THE PENAL LAW, provided however, that
when such sentenced offender is a registered student or participant or
an employee of such facility or institution or entity contracting there-
with or has a family member enrolled in such facility or institution,
such sentenced offender may, with the written authorization of his or
her parole officer and the superintendent or chief administrator of such
facility, institution or grounds, enter such facility, institution or
upon such grounds for the limited purposes authorized by the parole
officer and superintendent or chief officer. Nothing in this subdivi-
sion shall be construed as restricting any lawful condition of super-
vision that may be imposed on such sentenced offender.
§ 9. Subdivision 4 of section 243 of the executive law, as added by
chapter 568 of the laws of 2008 and the opening paragraph as amended by
section 17 of part A of chapter 56 of the laws of 2010, is amended to
read as follows:
4. The office shall recommend to the commissioner rules and regu-
lations which shall include guidelines and procedures on the placement
of sex offenders designated as level two or level three offenders pursu-
ant to article six-C of the correction law, PROVIDED THAT SUCH RECOM-
MENDED RULES AND REGULATIONS SHALL PROHIBIT THE PLACEMENT OF SUCH SEX
OFFENDERS WITHIN THE AREA DEFINED AS SCHOOL GROUNDS, AS SUCH TERM IS
DEFINED IN SUBDIVISION FOURTEEN OF SECTION 220.00 OF THE PENAL LAW, OR A
PLAYGROUND, AS SUCH TERM IS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION
10.00 OF THE PENAL LAW. Such regulations shall instruct local probation
departments to consider certain factors when investigating and approving
the residence of level two or level three sex offenders sentenced to a
period of probation. Such factors shall include the following:
(a) the location of other sex offenders required to register under the
sex offender registration act, specifically whether there is a concen-
tration of registered sex offenders in a certain residential area or
municipality;
(b) the number of registered sex offenders residing at a particular
property;
(c) the proximity of entities with vulnerable populations;
(d) accessibility to family members, friends or other supportive
services, including but not limited to locally available sex offender
treatment programs with preference for placement of such individuals
A. 564 9
into programs that have demonstrated effectiveness in reducing sex
offender recidivism and increasing public safety; and
(e) the availability of permanent, stable housing in order to reduce
the likelihood that such offenders will be transient.
§ 10. Subdivision (a) of section 10.11 of the mental hygiene law, as
added by chapter 7 of the laws of 2007, paragraphs 1 and 2 as amended by
section 118-e of subpart B of part C of chapter 62 of the laws of 2011,
is amended to read as follows:
(a) (1) Before ordering the release of a person to a regimen of strict
and intensive supervision and treatment pursuant to this article, the
court shall order that the department of corrections and community
supervision recommend supervision requirements to the court. These
supervision requirements, which shall be developed in consultation with
the commissioner, SHALL INCLUDE A PROHIBITION AGAINST KNOWINGLY ENTERING
INTO OR UPON ANY SCHOOL GROUNDS, AS THAT TERM IS DEFINED IN SUBDIVISION
FOURTEEN OF SECTION 220.00 OF THE PENAL LAW, ANY OTHER FACILITY OR
INSTITUTION PRIMARILY USED FOR THE CARE OR TREATMENT OF PERSONS UNDER
THE AGE OF EIGHTEEN WHILE ONE OR MORE OF SUCH PERSONS UNDER THE AGE OF
EIGHTEEN ARE PRESENT, OR A PLAYGROUND, AS SUCH TERM IS DEFINED IN SUBDI-
VISION TWENTY-TWO OF SECTION 10.00 OF THE PENAL LAW, AND may include but
need not be limited to, electronic monitoring or global positioning
satellite tracking for an appropriate period of time, polygraph monitor-
ing, specification of residence or type or residence, prohibition of
contact with identified past or potential victims, strict and intensive
supervision by a parole officer, and any other lawful and necessary
conditions that may be imposed by a court. In addition, after consulta-
tion with the psychiatrist, psychologist or other professional primarily
treating the respondent, the commissioner shall recommend a specific
course of treatment. A copy of the recommended requirements for super-
vision and treatment shall be given to the attorney general and the
respondent and his or her counsel a reasonable time before the court
issues its written order pursuant to this section.
(2) Before issuing its written order, the court shall afford the
parties an opportunity to be heard, and shall consider any additional
submissions by the respondent and the attorney general concerning the
proposed conditions of the regimen of strict and intensive supervision
and treatment. The court shall issue an order specifying the conditions
of the regimen of strict and intensive supervision and treatment, which
shall include A CONDITION THAT THE RESPONDENT SHALL REFRAIN FROM KNOW-
INGLY ENTERING INTO OR UPON ANY SCHOOL GROUNDS, AS THAT TERM IS DEFINED
IN SUBDIVISION FOURTEEN OF SECTION 220.00 OF THE PENAL LAW, ANY OTHER
FACILITY OR INSTITUTION PRIMARILY USED FOR THE CARE OR TREATMENT OF
PERSONS UNDER THE AGE OF EIGHTEEN WHILE ONE OR MORE OF SUCH PERSONS
UNDER THE AGE OF EIGHTEEN ARE PRESENT, OR A PLAYGROUND, AS SUCH TERM IS
DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 10.00 OF THE PENAL LAW,
specified supervision requirements and compliance with a specified
course of treatment. A written statement of the conditions of the regi-
men of strict and intensive supervision and treatment shall be given to
the respondent and to his or her counsel, any designated service provid-
ers or treating professionals, the commissioner, the attorney general
and the supervising parole officer. The court shall require the depart-
ment of corrections and community supervision to take appropriate
actions to implement the supervision plan and assure compliance with the
conditions of the regimen of strict and intensive supervision and treat-
ment AND TO INVESTIGATE AND APPROVE THE LOCATION OF THE RESPONDENT'S
RESIDENCE. A regimen of strict and intensive supervision does not toll
A. 564 10
the running of any form of supervision in criminal cases, including but
not limited to post-release supervision and parole.
§ 11. Section 10.00 of the penal law is amended by adding a new subdi-
vision 22 to read as follows:
22. "PLAYGROUND" MEANS (A) IN OR WITHIN ANY BUILDING, STRUCTURE, PLAY-
ING FIELD, OR LAND CONTAINED WITHIN THE BOUNDARY OF LAND OWNED, LEASED
OR MAINTAINED BY THE STATE OR ANY AGENCY OR MUNICIPALITY THEREOF OR BY
ANY NOT-FOR-PROFIT CORPORATION, CORPORATION OR ASSOCIATION THAT IS USED
ON A REGULAR BASIS AS A RECREATION AREA FOR CHILDREN AND IS SO DESIG-
NATED, OR (B) ANY AREA ACCESSIBLE TO THE PUBLIC LOCATED WITHIN ONE THOU-
SAND FEET OF THE PERIMETER OF ANY SUCH PLAYGROUND OR ANY PARKED AUTOMO-
BILE OR OTHER PARKED VEHICLE LOCATED WITHIN ONE THOUSAND FEET OF THE
REAL PROPERTY BOUNDARY LINE COMPRISING ANY SUCH PLAYGROUND. FOR THE
PURPOSES OF THIS SECTION AN "AREA ACCESSIBLE TO THE PUBLIC" SHALL MEAN
SIDEWALKS, STREETS, PARKING LOTS, PARKS, STORES AND RESTAURANTS.
§ 12. Paragraph (a) of subdivision 4-a of section 65.10 of the penal
law, as amended by chapter 67 of the laws of 2008, is amended to read as
follows:
(a) When imposing a sentence of probation or conditional discharge
upon a person convicted of an offense defined in article one hundred
thirty, two hundred thirty-five or two hundred sixty-three of this chap-
ter, or section 255.25, 255.26 or 255.27 of this chapter, and the victim
of such offense was under the age of eighteen at the time of such
offense or such person has been designated a level TWO OR LEVEL three
sex offender pursuant to subdivision six of section [168-l] ONE HUNDRED
SIXTY-EIGHT-L of the correction law, the court shall require, as a
mandatory condition of such sentence, that such sentenced offender shall
refrain from knowingly entering into or upon any school grounds, as that
term is defined in subdivision fourteen of section 220.00 of this chap-
ter, [or] any other facility or institution primarily used for the care
or treatment of persons under the age of eighteen while one or more of
such persons under the age of eighteen are present, OR ANY PLAYGROUND,
AS THAT TERM IS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 10.00 OF
THIS CHAPTER, provided however, that when such sentenced offender is a
registered student or participant or an employee of such facility or
institution or entity contracting therewith or has a family member
enrolled in such facility or institution, such sentenced offender may,
with the written authorization of his or her probation officer or the
court and the superintendent or chief administrator of such facility,
institution or grounds, enter such facility, institution or upon such
grounds for the limited purposes authorized by the probation officer or
the court and superintendent or chief officer. Nothing in this subdivi-
sion shall be construed as restricting any lawful condition of super-
vision that may be imposed on such sentenced offender.
§ 13. Subdivision 8 of section 20 of the social services law, as
amended by section 150 of subpart B of part C of chapter 62 of the laws
of 2011, is amended to read as follows:
8. (a) The office of temporary and disability assistance shall promul-
gate rules and regulations for the administration of this subdivision.
The rules and regulations shall provide for the conditions under which
local social services officials determine the placement of applicants
for and recipients of public assistance for whom a notice pursuant to
section two hundred three of the correction law[,] has been received and
who are:
(i) determined to be in immediate need of shelter; and
A. 564 11
(ii) designated a level two or level three sex offender pursuant to
article six-C of the correction law.
(b) When making determinations in regard to the placement of such
individuals in shelter, local social services officials shall NOT PLACE
SUCH INDIVIDUALS WITHIN THE AREA DEFINED AS SCHOOL GROUNDS, AS SUCH TERM
IS DEFINED IN SUBDIVISION FOURTEEN OF SECTION 220.00 OF THE PENAL LAW,
OR A PLAYGROUND, AS SUCH TERM IS DEFINED IN SUBDIVISION TWENTY-TWO OF
SECTION 10.00 OF THE PENAL LAW, AND SHALL consider the following
factors:
(i) the location of other sex offenders required to register pursuant
to the sex offender registration act, specifically whether there is a
concentration of registered sex offenders in a certain residential area
or municipality;
(ii) the number of registered sex offenders residing at a particular
property;
(iii) proximity of the entities with vulnerable populations;
(iv) accessibility to family members, friends or other supportive
services, including but not limited to locally available sex offender
treatment programs with preference for placement of such individuals
into programs that have demonstrated effectiveness in reducing sex
offender recidivism and increasing public safety; and
(v) investigation and approval of such placement by the department of
corrections and community supervision.
§ 14. This act shall take effect on the first of November next
succeeding the date on which it shall have become a law.