Senate Bill S2028A

2019-2020 Legislative Session

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

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Sponsored By

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities 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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Bill Amendments

co-Sponsors

2019-S2028 - Details

See Assembly Version of this Bill:
A1477
Current Committee:
Senate Mental Health And Developmental Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Add §13.38-a, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2017-2018: S9169, A11357
2021-2022: S5538

2019-S2028 - 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.

2019-S2028 - Sponsor Memo

2019-S2028 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2028
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2019
                                ___________
 
 Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health and Develop-
   mental Disabilities
 
 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
              

co-Sponsors

2019-S2028A (ACTIVE) - Details

See Assembly Version of this Bill:
A1477
Current Committee:
Senate Mental Health And Developmental Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Add §13.38-a, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2017-2018: S9169, A11357
2021-2022: S5538

2019-S2028A (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.

2019-S2028A (ACTIVE) - Sponsor Memo

2019-S2028A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2028--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2019
                                ___________
 
 Introduced  by  Sens.  LITTLE, JORDAN -- read twice and ordered printed,
   and when printed to be committed to the Committee on Mental Health and
   Developmental Disabilities  --  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
 REGISTERED SEX OFFENDERS WHO HAVE ALREADY BEEN  SUCCESSFULLY  PLACED  BY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01265-04-9
              

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