NY State Senate Bill 2021-S2612

Senate Bill S2612

2021-2022 Legislative Session

Relates to restricting sex offenders from residing in a community residence for the mentally disabled

download bill text pdf

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction 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
Jan 05, 2022	referred to crime victims, crime and correction
Jan 22, 2021	referred to crime victims, crime and correction

2021-S2612 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §§168-c, 168-f & 168-k, Cor L; amd §41.44 & 10.11, Ment Hyg L; amd §20, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S5250
2019-2020: S3114
2023-2024: S2934

2021-S2612 (ACTIVE) - Summary

Relates to restricting sex offenders from residing in a community residence for the mentally disabled.

2021-S2612 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2612

SPONSOR: HELMING
 
TITLE OF BILL:

An act to amend the correction law, the mental hygiene law and the
social services law, in relation to restricting sex offenders from
residing in a community residence for the mentally disabled

 
PURPOSE:

To provide protections for mentally disabled persons by prohibiting sex
offenders from residing in a community residence.

 
SUMMARY OF PROVISIONS:

Section 1: Adds a new subdivision 2-a to Section 168-f of the Correction
Law prohibiting a sex offender from residing in a community residence.

Section 2: Adds a new subdivision 4-a to Section 168-f of the Correction
Law prohibiting a sex offender who has established a residence to change
his/her residence to a community residence.

Section 3: Adds a new subdivision 5 to Section 168-k prohibiting a sex
offender who has established a residence in New York State from residing
in a community residence.

Section 4: Adds a new subdivision (d-1) to Section 41.44 of the Mental
Hygiene Law denying sex offenders from admission to residential care
centers for adults.

Section 5: Amends paragraph 1 of subdivision (a) of Section 10.11 of the
Mental Hygiene Law to prohibit the Department of Corrections and Commu-
nity Supervision from recommending community residences when ordering
the release of a person to a regimen of strict and intensive super-vi-
sion.

Section 6: Adds a new paragraph (c) to subdivision 8 of Section 20 of
the Social Services Law providing that local social service officials
shall not place a sex offender in a community residence.

 
JUSTIFICATION:

Community residence facilities as defined in section 1.03 mental hygiene
law, house vulnerable populations. Residents have mental and sometime
physical disabilities, and are often unable to defend themselves, or
even judge when they are in danger. This law will ensure that they are
not subject to convicted sexual predators within their own homes.

 
LEGISLATIVE HISTORY:

2019-2020: S.3314 referred to Crime Victims, Crime and Correction/A.6695
held for consideration in Correction

2018: S.5250 referred to Crime Victims, Crime and Correction/A.6294 held
for consideration in Correction

2017: S.5250 committed to Rules/A.6294 referred to Correction

2016: A.7563 held for consideration in Correction.

2015: A.7563 referred to Correction.

 
FISCAL IMPLICATIONS:

None

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

2021-S2612 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2612
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 22, 2021
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction
 
 AN  ACT  to  amend  the  correction  law, the mental hygiene law and the
   social services law, in relation to  restricting  sex  offenders  from
   residing in a community residence for the mentally disabled
 
   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. NO SEX OFFENDER RELEASED OR DISCHARGED FROM A CORRECTIONAL FACIL-
 ITY,  HOSPITAL  OR  LOCAL  CORRECTIONAL  FACILITY OR PLACED ON PROBATION
 SHALL RESIDE IN A COMMUNITY RESIDENCE AS DEFINED IN SECTION 1.03 OF  THE
 MENTAL HYGIENE LAW.
   §  2.  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, AFTER HIS OR HER  DISCHARGE,  PAROLE  OR  RELEASE
 FROM  ANY CORRECTIONAL FACILITY, HOSPITAL OR LOCAL CORRECTIONAL FACILITY
 OR WHO HAS BEEN PLACED ON PROBATION AND WHO HAS ESTABLISHED A  RESIDENCE
 SHALL NOT CHANGE SAID RESIDENCE SO AS TO RESIDE IN A COMMUNITY RESIDENCE
 FACILITY AS DEFINED IN SECTION 1.03 OF THE MENTAL HYGIENE LAW.
   §  3.  Section  168-k of the correction law is amended by adding a new
 subdivision 5 to read as follows:
   5. A SEX OFFENDER WHO HAS ESTABLISHED RESIDENCE IN THIS STATE PURSUANT
 TO THIS SECTION SHALL NOT RESIDE IN A COMMUNITY RESIDENCE AS DEFINED  IN
 SECTION 1.03 OF THE MENTAL HYGIENE LAW.
   §  4.  Section  41.44 of the mental hygiene law is amended by adding a
 new subdivision (d-1) to read as follows:
   (D-1) THE COMMISSIONER SHALL DENY SEX OFFENDERS, AS DEFINED IN SECTION
 ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW, ADMISSION  TO  RESIDEN-
 TIAL CARE CENTERS FOR ADULTS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04611-01-1

 S. 2612                             2
 
   §  5.  Paragraph  1  of subdivision (a) of section 10.11 of the mental
 hygiene law, as amended by section 118-e of subpart B of part C of chap-
 ter 62 of the laws of 2011, is amended to read as follows:
   (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 commis-
 sioner, may include but need not be limited to, electronic monitoring or
 global positioning satellite tracking for an appropriate period of time,
 polygraph monitoring, specification of residence or type [or]  OF  resi-
 dence, 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.   RECOM-
 MENDATIONS  REGARDING RESIDENCE OR TYPE OF RESIDENCE SHALL NOT INCLUDE A
 COMMUNITY RESIDENCE AS DEFINED IN SECTION 1.03 OF THIS CHAPTER. In addi-
 tion, after consultation 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 supervision and treatment shall be given to the attor-
 ney general and the respondent and his or her counsel a reasonable  time
 before the court issues its written order pursuant to this section.
   § 6. Subdivision 8 of section 20 of the social services law is amended
 by adding a new paragraph (c) to read as follows:
   (C)  NOTWITHSTANDING  PARAGRAPH  (B) OF THIS SUBDIVISION, LOCAL SOCIAL
 SERVICES OFFICIALS SHALL NOT PLACE  ANY  SEX  OFFENDER,  AS  DEFINED  IN
 SECTION  ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW, IN A COMMUNITY
 RESIDENCE AS DEFINED IN SECTION 1.03 OF THE MENTAL HYGIENE LAW.
   § 7. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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