Assembly Bill A6966

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6966
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 18, 2025
                                ___________
 
 Introduced by M. of A. GALLAHAN -- read once and referred to the Commit-
   tee on Children and Families
 
 AN ACT to amend the executive law and the correction law, in relation to
   certain  required  disclosures  by  the  office of children and family
   services upon the release or  discharge  of  a  juvenile  offender  or
   adolescent offender

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 508 of the executive law is amended by  adding  two
 new subdivisions 10 and 11 to read as follows:
   10. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
 WHERE  A  JUVENILE  OFFENDER  OR  ADOLESCENT OFFENDER LESS THAN EIGHTEEN
 YEARS OF AGE IS BEING RELEASED OR DISCHARGED FROM  THE  CUSTODY  OF  THE
 OFFICE FOLLOWING A TERM OF COMMITMENT OR PLACEMENT IMPOSED PURSUANT TO A
 FELONY   CONVICTION,   THE   OFFICE  SHALL  PROVIDE  THE  DEPARTMENT  OF
 CORRECTIONS AND COMMUNITY SUPERVISION WITH ANY AND ALL RECORDS THAT  ARE
 NECESSARY  TO  ASCERTAIN  THE  NATURE  OF SUCH OFFENDER'S CONVICTION AND
 WOULD BE BENEFICIAL IN IDENTIFYING AND MITIGATING  ANY  RISK  THAT  SUCH
 OFFENDER COULD POSE TO THE COMMUNITY IF RELEASED OR DISCHARGED.
   11. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
 THIRTY  DAYS PRIOR TO RELEASING A JUVENILE OFFENDER OR ADOLESCENT OFFEN-
 DER, THE OFFICE AND THE DEPARTMENT OF CORRECTIONS AND  COMMUNITY  SUPER-
 VISION SHALL NOTIFY THE SCHOOL DISTRICT WHERE SUCH OFFENDER SHALL RESIDE
 OF  SUCH  OFFENDER'S  SCHEDULED  RELEASE  OR  DISCHARGE  DATE  AND  SUCH
 OFFENDER'S ELIGIBILITY TO ENROLL. TO THE EXTENT  AUTHORIZED  BY  FEDERAL
 LAW,  PRIOR  TO  THE  RELEASE  OR DISCHARGE OF SUCH OFFENDER, THE OFFICE
 SHALL PROVIDE SUCH SCHOOL DISTRICT WITH ANY AND  ALL  RECORDS  THAT  ARE
 NECESSARY  TO  ASCERTAIN  THE  NATURE  OF SUCH OFFENDER'S CONVICTION AND
 WOULD BE BENEFICIAL IN IDENTIFYING AND MITIGATING  ANY  RISK  THAT  SUCH
 OFFENDER COULD POSE TO SUCH SCHOOL DISTRICT IF RELEASED OR DISCHARGED.
   §  2.  Section 149 of the correction law, as amended by chapter 322 of
 the laws of 2021, is amended to read as follows:
   § 149. Released incarcerated  individuals;  notification  to  sheriff,
 police,  and district attorney. 1. In the case of any incarcerated indi-
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08238-01-5
 A. 6966                             2

 vidual convicted of a felony, it shall be the duty of the department, at
 least forty-eight hours prior to the release of  any  such  incarcerated
 individual  from  a correctional facility, to notify the chief of police
 both  of the city, town or village in which such incarcerated individual
 proposes to reside and of the city, town or village in which such incar-
 cerated individual resided at the time of [his or her] SUCH INCARCERATED
 INDIVIDUAL'S conviction and the district attorney of  the  county  where
 the  offense  for  which the incarcerated individual is incarcerated was
 prosecuted, of the contemplated release of such incarcerated individual,
 informing such chief of police and the district attorney of the name and
 aliases of the incarcerated individual, the address at which [he or she]
 SUCH INCARCERATED INDIVIDUAL proposes to  reside,  the  amount  of  time
 remaining  to  be served, if any, on the full term for which [he or she]
 SUCH INCARCERATED INDIVIDUAL was sentenced, and the nature of the  crime
 for which [he or she] SUCH INCARCERATED INDIVIDUAL was sentenced, trans-
 mitting at the same time to the chief of police a copy of such incarcer-
 ated  individual's  fingerprints and photograph. Where such incarcerated
 individual proposes to reside outside of a city, such notification shall
 be sent to the sheriff of the county in which such incarcerated individ-
 ual proposes to reside. Such notification may be provided by  electronic
 transmission  to those willing jurisdictions that have the capability of
 receiving electronic transmission notification. Any chief of  police  or
 sheriff  who receives notification of a released incarcerated individual
 pursuant to this [section] SUBDIVISION may request and receive from  the
 division  of  criminal justice services a report containing a summary of
 such incarcerated individual's criminal record.
   2. IN THE  CASE  OF  ANY  JUVENILE  OFFENDER  OR  ADOLESCENT  OFFENDER
 CONVICTED  OF  A  FELONY, IT SHALL BE THE DUTY OF THE DEPARTMENT AND THE
 OFFICE OF CHILDREN AND FAMILY SERVICES, AT LEAST FORTY-EIGHT HOURS PRIOR
 TO THE RELEASE OF ANY SUCH OFFENDER FROM A CORRECTIONAL FACILITY  OR  AN
 OFFICE  OF CHILDREN AND FAMILY SERVICES FACILITY, TO NOTIFY THE CHIEF OF
 POLICE BOTH OF THE CITY, TOWN OR VILLAGE IN WHICH SUCH OFFENDER PROPOSES
 TO RESIDE AND OF THE CITY,  TOWN  OR  VILLAGE  IN  WHICH  SUCH  OFFENDER
 RESIDED  AT  THE  TIME  OF  SUCH  OFFENDER'S CONVICTION AND THE DISTRICT
 ATTORNEY OF THE COUNTY WHERE THE OFFENSE  FOR  WHICH  SUCH  OFFENDER  IS
 COMMITTED  OR PLACED IN THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY
 SERVICES WAS PROSECUTED, OF THE CONTEMPLATED RELEASE OF  SUCH  OFFENDER,
 INFORMING SUCH CHIEF OF POLICE AND THE DISTRICT ATTORNEY OF THE NAME AND
 ALIASES OF SUCH OFFENDER, THE ADDRESS AT WHICH SUCH OFFENDER PROPOSES TO
 RESIDE,  THE  AMOUNT OF TIME REMAINING TO BE SERVED, IF ANY, ON THE FULL
 TERM FOR WHICH SUCH OFFENDER WAS SENTENCED, AND THE NATURE OF THE  CRIME
 FOR  WHICH SUCH OFFENDER WAS SENTENCED, TRANSMITTING AT THE SAME TIME TO
 THE CHIEF OF POLICE A COPY OF SUCH OFFENDER'S  FINGERPRINTS  AND  PHOTO-
 GRAPH.  WHERE  A  JUVENILE  OFFENDER  OR ADOLESCENT OFFENDER PROPOSES TO
 RESIDE OUTSIDE OF A CITY, SUCH NOTIFICATION SHALL BE SENT TO THE SHERIFF
 OF THE COUNTY IN WHICH SUCH OFFENDER PROPOSES TO RESIDE. SUCH  NOTIFICA-
 TION  MAY BE PROVIDED BY ELECTRONIC TRANSMISSION TO THOSE WILLING JURIS-
 DICTIONS THAT HAVE THE CAPABILITY OF RECEIVING  ELECTRONIC  TRANSMISSION
 NOTIFICATION.  ANY  CHIEF OF POLICE OR SHERIFF WHO RECEIVES NOTIFICATION
 OF A RELEASED OR DISCHARGED OFFENDER PURSUANT TO  THIS  SUBDIVISION  MAY
 REQUEST  AND  RECEIVE  FROM  THE DIVISION OF CRIMINAL JUSTICE SERVICES A
 REPORT CONTAINING A SUMMARY OF SUCH OFFENDER'S CRIMINAL RECORD.
   § 3. This act shall take effect immediately.