S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4443
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2025
                                ___________
 
 Introduced  by  M.  of  A.  O'PHARROW  --  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.  Subdivision  4 of section 168-f of the correction law, as
 amended by chapter 67 of the laws of 2008, is amended and two new subdi-
 visions 4-a and 4-b are added to read as follows:
   4. Any sex offender shall register with the division no later than ten
 calendar days after any change of address, internet accounts with inter-
 net access providers belonging to such  offender,  internet  identifiers
 that  such  offender  uses,  or [his or her] THEIR status of enrollment,
 attendance, employment or residence at any institution of higher  educa-
 tion.  A  fee  of  ten  dollars,  as  authorized by subdivision eight of
 section one hundred sixty-eight-b of this article, shall be submitted by
 the sex offender each time such offender registers any change of address
 or any change of [his or her] THEIR status  of  enrollment,  attendance,
 employment  or  residence  at  any  institution of higher education. Any
 failure or omission to submit the required  fee  shall  not  affect  the
 acceptance by the division of the change of address or change of status.
 ANY  FAILURE OR OMISSION TO REGISTER ANY CHANGE OF ADDRESS OR ANY CHANGE
 OF THEIR STATUS OF ENROLLMENT, ATTENDANCE, EMPLOYMENT  OR  RESIDENCE  AT
 ANY  INSTITUTION  OF HIGHER EDUCATION SHALL RESULT IN SENTENCE OF IMPRI-
 SONMENT FOR UP TO ONE YEAR, A FINE OF UP TO  ONE  THOUSAND  DOLLARS,  OR
 BOTH.
   4-A.  A  SEX  OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE WHO HAS
 BEEN GIVEN THE LEVEL THREE DESIGNATION, WHERE THE VICTIM OF A  REGISTER-
 ING  OFFENSE  WAS UNDER THE AGE OF EIGHTEEN AT THE TIME OF SUCH OFFENSE,
 WHO HAS ESTABLISHED A RESIDENCE SHALL NOT CHANGE SAID RESIDENCE SO AS TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08635-01-5
              

 A. 4443                             2
 
 RESIDE WITHIN THE AREA DEFINED  AS  SCHOOL  GROUNDS,  AS  SUCH  TERM  IS
 DEFINED  IN SUBDIVISION FOURTEEN OF SECTION 220.00 OF THE PENAL LAW, THE
 MEASUREMENTS TO BE TAKEN IN STRAIGHT LINES FROM THE CENTER OF THE  NEAR-
 EST  ENTRANCE  OF  THE  RESIDENCE  TO  THE  REAL  PROPERTY BOUNDARY LINE
 COMPRISING SUCH SCHOOL GROUNDS.
   4-B. A SEX OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE SHALL  NOT
 RESIDE  WITHIN  A  QUARTER  MILE  FROM  THE WORKPLACE AND RESIDENCE OF A
 VICTIM OF SUCH SEX OFFENDER AND, IF SUCH SEX OFFENDER CAUSED  THE  DEATH
 OF  A  VICTIM,  THE  SEX OFFENDER SHALL NOT RESIDE WITHIN A QUARTER MILE
 FROM THE PRIOR RESIDENCE OF THE DECEASED VICTIM, IF THE  SPOUSE,  CHILD,
 STEP  CHILD,  SIBLING,  PARENT,  GRANDPARENT OR GRANDCHILD OF THE VICTIM
 CONTINUES TO RESIDE AT SUCH RESIDENCE.
   § 2. Section 203 of the correction law is  amended  by  adding  a  new
 subdivision 3 to read as follows:
   3.  SUCH  GUIDELINES AND PROCEDURES PROMULGATED BY THE COMMISSIONER IN
 ACCORDANCE WITH SUBDIVISION ONE  OF  THIS  SECTION  SHALL  PROHIBIT  THE
 PLACEMENT  OF  SEX OFFENDERS DESIGNATED LEVEL THREE, WHERE THE VICTIM OF
 THEIR OFFENSE WAS UNDER THE AGE OF EIGHTEEN AT THE TIME OF SUCH OFFENSE,
 FROM RESIDING WITHIN THE AREA DEFINED AS SCHOOL GROUNDS, AS SUCH TERM IS
 DEFINED IN SUBDIVISION FOURTEEN OF SECTION 220.00 OF THE PENAL LAW,  THE
 MEASUREMENTS  TO BE TAKEN IN STRAIGHT LINES FROM THE CENTER OF THE NEAR-
 EST ENTRANCE OF  THE  RESIDENCE  TO  THE  REAL  PROPERTY  BOUNDARY  LINE
 COMPRISING SUCH SCHOOL GROUNDS.
   SUCH  GUIDELINES  AND  PROCEDURES SHALL ALSO PROHIBIT THE PLACEMENT OF
 SEX OFFENDERS DESIGNATED AS LEVEL TWO OR LEVEL THREE FROM RESIDING WITH-
 IN A QUARTER MILE FROM THE WORKPLACE AND RESIDENCE OF A VICTIM  OF  SUCH
 OFFENDER  AND, IF SUCH OFFENDER CAUSED THE DEATH OF A VICTIM, THE OFFEN-
 DER SHALL NOT BE PLACED WITHIN A QUARTER MILE FROM THE  PRIOR  RESIDENCE
 OF  THE  DECEASED  VICTIM,  IF  THE  SPOUSE, CHILD, STEP CHILD, SIBLING,
 PARENT, GRANDPARENT OR GRANDCHILD OF THE VICTIM CONTINUES TO  RESIDE  AT
 SUCH RESIDENCE.
   §  3.  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 A SEX
 OFFENDER DESIGNATED AS A LEVEL THREE OFFENDER WITHIN THE AREA DEFINED AS
 SCHOOL GROUNDS, AS SUCH TERM  IS  DEFINED  IN  SUBDIVISION  FOURTEEN  OF
 SECTION  220.00  OF  THE  PENAL  LAW,  THE  MEASUREMENTS  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.
   SUCH  RECOMMENDED RULES AND REGULATIONS SHALL ALSO PROHIBIT THE PLACE-
 MENT OF A SEX OFFENDER DESIGNATED AS A LEVEL TWO OR THREE FROM  RESIDING
 WITHIN  A  QUARTER  MILE FROM THE WORKPLACE AND RESIDENCE OF A VICTIM OF
 SUCH OFFENDER AND, IF SUCH OFFENDER CAUSED THE DEATH OF  A  VICTIM,  THE
 OFFENDER  SHALL NOT BE PLACED WITHIN A QUARTER MILE FROM THE PRIOR RESI-
 DENCE OF THE DECEASED VICTIM, IF THE SPOUSE, CHILD, STEP CHILD, SIBLING,
 PARENT, GRANDPARENT OR GRANDCHILD OF THE VICTIM CONTINUES TO  RESIDE  AT
 SUCH  RESIDENCE. Such regulations shall instruct local probation depart-
 ments to consider certain factors when investigating and  approving  the
 residence of level two or level three sex offenders sentenced to a peri-
 od of probation. Such factors shall include the following:
 A. 4443                             3

   (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.
   §  4.  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 A SEX OFFENDER
 DESIGNATED AS A LEVEL THREE OFFENDER RESIDING WITHIN THE AREA DEFINED AS
 SCHOOL GROUNDS, AS SUCH TERM  IS  DEFINED  IN  SUBDIVISION  FOURTEEN  OF
 SECTION  220.00  OF  THE  PENAL  LAW,  THE  MEASUREMENTS  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, AND
 SHALL INCLUDE A PROHIBITION AGAINST A SEX OFFENDER FROM RESIDING  WITHIN
 A  QUARTER MILE FROM THE WORKPLACE AND RESIDENCE OF A VICTIM OF SUCH SEX
 OFFENDER AND, IF SUCH SEX OFFENDER CAUSED THE DEATH OF A VICTIM, THE SEX
 OFFENDER SHALL NOT RESIDE WITHIN A QUARTER MILE FROM THE PRIOR RESIDENCE
 OF THE DECEASED VICTIM, IF  THE  SPOUSE,  CHILD,  STEP  CHILD,  SIBLING,
 PARENT,  GRANDPARENT  OR GRANDCHILD OF THE VICTIM CONTINUES TO RESIDE AT
 SUCH RESIDENCE AND 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 residence, prohibition of contact with identified past or poten-
 tial 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 consultation with the  psychiatrist,  psychol-
 ogist  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 attorney general and the respondent and [his or  her]  SUCH
 RESPONDENT'S counsel a reasonable time before the court issues its writ-
 ten 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 PROHIBITION AGAINST A SEX OFFENDER DESIGNATED AS A LEVEL
 THREE  OFFENDER  RESIDING  WITHIN THE AREA DEFINED AS SCHOOL GROUNDS, AS
 A. 4443                             4
 
 SUCH TERM IS DEFINED IN SUBDIVISION FOURTEEN OF SECTION  220.00  OF  THE
 PENAL  LAW,  THE  MEASUREMENTS  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, A PROHIBITION AGAINST A
 SEX OFFENDER FROM RESIDING WITHIN A QUARTER MILE FROM THE WORKPLACE  AND
 RESIDENCE  OF  A  VICTIM  OF SUCH SEX OFFENDER AND, IF SUCH SEX OFFENDER
 CAUSED THE DEATH OF A VICTIM, THE SEX OFFENDER SHALL NOT RESIDE WITHIN A
 QUARTER MILE FROM THE PRIOR RESIDENCE OF THE  DECEASED  VICTIM,  IF  THE
 SPOUSE, CHILD, STEP CHILD, SIBLING, PARENT, GRANDPARENT OR GRANDCHILD OF
 THE  VICTIM CONTINUES TO RESIDE AT SUCH RESIDENCE, specified supervision
 requirements and compliance with a  specified  course  of  treatment.  A
 written  statement of the conditions of the regimen of strict and inten-
 sive supervision and treatment shall be given to the respondent  and  to
 [his or her] SUCH RESPONDENT'S counsel, any designated service providers
 or  treating  professionals,  the commissioner, the attorney general and
 the supervising parole officer. The court shall require  the  department
 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 treatment AND  TO
 INVESTIGATE  AND  APPROVE THE LOCATION OF THE RESPONDENT'S RESIDENCE AND
 PLACE OF EMPLOYMENT.  A regimen of strict and intensive supervision does
 not toll the running of any  form  of  supervision  in  criminal  cases,
 including but not limited to post-release supervision and parole.
   §  5.  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  and  two
 new paragraphs (a-1) and (a-2) are added 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  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 know-
 ingly entering into or upon any school grounds, as that term is  defined
 in  subdivision fourteen of section 220.00 of this chapter, 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, 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]  THEIR
 probation  officer or the court and the superintendent or chief adminis-
 trator 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 subdivision shall be construed as restricting any lawful
 condition of supervision that may be imposed on such sentenced offender.
   (A-1)  WHEN  IMPOSING A SENTENCE OF PROBATION OR CONDITIONAL DISCHARGE
 UPON A PERSON DESIGNATED A LEVEL THREE SEX OFFENDER, WHERE THE VICTIM OF
 THEIR OFFENSE WAS UNDER THE AGE OF EIGHTEEN AT THE TIME OF SUCH OFFENSE,
 THE COURT SHALL REQUIRE, AS A MANDATORY CONDITION OF SUCH SENTENCE, THAT
 SUCH SENTENCED OFFENDER SHALL NOT RESIDE  WITHIN  THE  AREA  DEFINED  AS
 SCHOOL  GROUNDS,  AS  SUCH  TERM  IS  DEFINED IN SUBDIVISION FOURTEEN OF
 A. 4443                             5
 
 SECTION 220.00 OF THIS CHAPTER, THE MEASUREMENTS 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.
   (A-2)  WHEN  IMPOSING A SENTENCE OF PROBATION OR CONDITIONAL DISCHARGE
 UPON A PERSON CONVICTED OF A SEX OFFENSE UNDER ARTICLE ONE HUNDRED THIR-
 TY OF THIS CHAPTER, THE COURT SHALL REQUIRE, AS MANDATORY CONDITIONS  OF
 SUCH  SENTENCE, THAT SUCH SENTENCED OFFENDER BE PROHIBITED FROM RESIDING
 WITHIN A QUARTER MILE FROM THE WORKPLACE AND RESIDENCE OF  A  VICTIM  OR
 VICTIMS  OF  SUCH  SENTENCED  OFFENDER  AND,  IF SUCH SENTENCED OFFENDER
 CAUSED THE DEATH OF A VICTIM THE SENTENCED  OFFENDER  SHALL  NOT  RESIDE
 WITHIN  A  QUARTER MILE FROM THE PRIOR RESIDENCE OF THE DECEASED VICTIM,
 IF THE SPOUSE, CHILD, STEP CHILD, SIBLING, PARENT, GRANDPARENT OR GRAND-
 CHILD OF THE VICTIM CONTINUES TO RESIDE AT SUCH RESIDENCE.
   § 6. 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
   (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
 A LEVEL THREE OFFENDER WITHIN AN AREA DEFINED AS SCHOOL GROUNDS, AS SUCH
 TERM IS DEFINED IN SUBDIVISION FOURTEEN OF SECTION 220.00 OF  THE  PENAL
 LAW,  THE  MEASUREMENTS 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, AND SHALL NOT PLACE ANY OFFENDER  WITHIN
 A  QUARTER  MILE FROM THE WORKPLACE AND RESIDENCE OF A VICTIM OR VICTIMS
 OF SUCH OFFENDER AND, IF SUCH OFFENDER CAUSED THE DEATH OF A VICTIM  THE
 OFFENDER  SHALL NOT BE PLACED WITHIN A QUARTER MILE FROM THE PRIOR RESI-
 DENCE OF THE DECEASED VICTIM, IF THE SPOUSE, CHILD, STEP CHILD, SIBLING,
 PARENT, GRANDPARENT OR GRANDCHILD OF THE VICTIM CONTINUES TO  RESIDE  AT
 SUCH RESIDENCE 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.
   § 7.  Local and/or state law enforcement agencies  or  their  designee
 may  monitor  and verify sex offender registration compliance, and coun-
 ties may enact, by local law or resolution, requirements for sex  offen-
 A. 4443                             6
 
 ders  to provide information to law enforcement agencies or their desig-
 nee, to verify their home  and  employment  addresses  which  have  been
 registered  pursuant  to the provisions of the sex offender registration
 act.
   § 8. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.