S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    538
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  BRAUNSTEIN, WEPRIN, OTIS, ENGLEBRIGHT, COOK,
   JACOBSON, RA, PALMESANO, MONTESANO, BRABENEC,  FRIEND  --  Multi-Spon-
   sored by -- M. of A.  BARCLAY, BLANKENBUSH, FITZPATRICK, HAWLEY, HEVE-
   SI,  LUPARDO,  SOLAGES  --  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
 convicted. At the time sentence is  imposed,  such  sex  offender  shall
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03369-01-1

 A. 538                              2
 
 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-
 minations sought by the district attorney together with the reasons  for

 A. 538                              3
 
 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
 the  information to the law enforcement agency having jurisdiction where

 A. 538                              4

 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
 the court and the sex offender a statement setting  forth  the  determi-

 A. 538                              5
 
 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
 offender  and  the sex offender's counsel with a copy of the recommenda-

 A. 538                              6
 
 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-
 ANT  TO  SECTION  65.10  OF  THE PENAL LAW. A copy of the order shall be

 A. 538                              7
 
 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. 538                              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. 538                              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. 538                             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. 538                             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.