Senate Bill S4738

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4738
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2025
                                ___________
 
 Introduced by Sens. SEPULVEDA, PARKER -- read twice and ordered printed,
   and when printed to be committed to the Committee on Finance
 
 AN  ACT  creating  a temporary New York state commission on sex offender
   supervision and management  and  providing  for  the  repeal  of  such
   provisions upon expiration thereof

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and  intent.  The  legislature  hereby
 finds  and  declares  that  persons convicted of a sex offense present a
 danger to the public. It  is  necessary  that  these  offenders  receive
 appropriate  supervision  and  treatment  designed to reduce the risk of
 re-offense in order to ensure the safety,  health  and  welfare  of  the
 communities  in  which  convicted  sex offenders reside. The legislature
 further finds that New York's state prison system  does  not  adequately
 prepare incarcerated individuals for a safe return to the community upon
 the completion of their sentence. Lack of treatment during incarceration
 creates  a  threat  to  public  safety by increasing the likelihood that
 incarcerated individuals released to the community  will  be  unable  to
 successfully transition back to society and therefore heightens the risk
 of  re-offense.  This  is especially true for sex offenders who often do
 not find appropriate housing and treatment programs  in  the  community.
 Further,  the division of parole, local probation departments and social
 services agencies are  often  unable  to  locate  suitable  housing  for
 convicted  sex  offenders. This lack of housing has resulted in an unac-
 ceptable level of concentration of sex offenders in certain  residential
 areas.
   §  2.  A temporary state commission, to be known as the New York state
 commission on  sex  offender  supervision  and  management,  hereinafter
 referred  to  as the commission, is hereby created to examine, evaluate,
 and  make  recommendations  concerning  the  effectiveness  of  programs
 involving incarcerated individuals who are required to register as a sex
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09459-01-5
              

 S. 4738                             2
 
 offender  pursuant  to  article  6-C of the correction law released from
 state and local correctional facilities.  The commission shall  investi-
 gate  all  factors  that  impact the risk of recidivism, and lead to the
 concentration of sex offenders in certain residential areas. The commis-
 sion  shall  analyze  the  impact of existing policies and practices and
 compare such policies and practices of this  state  to  those  of  other
 states  and  the  federal  government. The commission shall collect data
 from state and federal agencies and may  analyze  any  current  research
 deemed  relevant  and  appropriate.   Specifically, the commission shall
 examine at least the following:
   (a) the existence of concentrations of  registered  sex  offenders  in
 certain  residential areas and municipalities and the circumstances that
 caused such concentrations to exist;
   (b) the practices and procedures of  the  division  of  parole,  local
 probation departments and local social services districts in investigat-
 ing and approving residences for convicted sex offenders;
   (c)  the  availability of appropriate housing for convicted sex offen-
 ders;
   (d) the adequacy of  supervision  and  monitoring  of  registered  sex
 offenders  under  the supervision of the division of parole or serving a
 sentence of probation; and
   (e) the effectiveness and availability of existing sex offender treat-
 ment programs  and  the  need  for  additional  sex  offender  treatment
 programs in prison, local correctional facilities and the community.
   § 3. The commission shall consist of thirteen members, to be appointed
 as  follows:  three members shall be appointed by the governor, one each
 from the department of corrections and community supervision, the  divi-
 sion  of  parole,  and the office of probation and correctional alterna-
 tives; six members, with three appointments by the  temporary  president
 of  the senate and three by the speaker of the assembly, shall be repre-
 sentative of community-based providers of employment, education, housing
 and other services used by individuals returning to society from prison,
 criminal justice advocates, victim advocacy groups, and academic profes-
 sionals in the field of criminal justice; one member shall be  appointed
 by  the minority leader of the senate; and one member shall be appointed
 by the minority leader of the assembly. The remaining members  shall  be
 the  head  or  designee of the division of the criminal justice services
 and the head or designee of  the  office  of  temporary  and  disability
 assistance.  The  chairperson  of  the  commission  shall be the head or
 designee of the division of criminal justice services.  The  vice-chair-
 person  of the commission shall be a representative of one of the commu-
 nity-based organizations and appointed by the chairperson. Vacancies  in
 the  membership of the commission and among its officers shall be filled
 in the manner provided for original appointments or designations.
   § 4. The members of the commission shall receive no  compensation  for
 their services, but shall be allowed their actual and necessary expenses
 incurred  in  the  performance of their duties hereunder. To the maximum
 extent feasible, the commission shall be entitled to request and receive
 and shall utilize and be provided with such facilities,  resources,  and
 data  of  any court, department, division, board, bureau, commission, or
 agency of the state or any political subdivision  thereof  as  it  deems
 necessary or desirable to carry out properly its powers and duties here-
 under.
   §  5.  For the accomplishment of its purposes, the commission shall be
 authorized and empowered to undertake any studies, inquiries, surveys or
 analyses it may deem relevant in cooperation with or by  agreement  with
 S. 4738                             3
 
 any  other  public or private agency. The commission shall meet and hold
 public hearings or private meetings within or  without  the  state,  and
 shall  have  all  the  powers of a legislative committee pursuant to the
 legislative law.
   § 6. The commission shall make a report of its findings, including any
 recommendations  for  legislative  action  as  it may deem necessary and
 appropriate, to the governor, the temporary president of the senate, and
 the speaker of the assembly no later than one year after  the  effective
 date of this act.
   §  7.  This  act shall take effect immediately and shall expire and be
 deemed repealed 1 year after such  effective  date;  provided  that  the
 appointment  of members to the New York state commission on sex offender
 supervision and management shall be completed within  90  days  of  such
 effective date.