NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1665
SPONSOR: Braunstein (MS) TITLE OF BILL: 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
PURPOSE:
This bill will reinforce and expand the current protections provided to
our children from convicted sex offenders.
SUMMARY OF PROVISIONS:
Section one of this bill amends section 168-c of the Correction Law by
adding a new subdivision (2-a) to require the Division of Criminal
Justice Services (DCJS), upon notification that a sex offender who has
been released or discharged from a correctional facility, hospital, or
local correctional facility or placed on probation, to confirm that the
sex offender's proposed residence is not within an area considered to be
school grounds or a playground.
Section two of this bill amends subdivision 2 of section 168-d of the
Correction Law to include residency, employment and travel restrictions
to the Court's notice issued to the offender. This provides that the
offender is notified of the restrictions and requirements to which he or
she will be subject in accordance with due process rights.
Section three of this bill amends section 168-f of the Correction Law by
adding a new subdivision (4-a) prevent registered sex offenders who have
already established a residence from changing their place of residence
to within school grounds or a playground by requiring DCJS to confirm
that the sex offender's proposed residence is not within an area consid-
ered to be school grounds or a playground.
Section four of this bill amends subdivision 2 of section 168-k of the
Correction Law by amending the notice given to out-of-state sex offen-
ders relocating to New York to include a statement that the sex
offender's level determination may affect where the sex offender can
reside, work or travel. Additionally, the Court's determination is
required to include the prohibition against entering a zone that are
either school grounds or a playground, as required by Penal Law section
62.10.
Section five of this bill amends subdivision 3 of section 168-n of the
Correction Law to include residency, employment and travel restrictions
to the Court's notice issued to the offender. This provides that the
offender is notified of the restrictions and requirements to which he or
she will be subject in accordance with due process rights.
Section six of this bill amends subdivision 1 of section 203 of the
Correction Law to require the Commissioner of the Department of
Corrections and Community Supervision (DOCCS) to include the prohibition
against placing a sex offender within an area that is considered to be
school grounds or a playground in the rules and regulations promulgated
to provide guidance regarding the placement of sex offenders.
Section seven of this bill adds a new section 209 to the Correction Law,
which requires the Commissioner of DOCCS to promulgate regulations
regarding the placement of Level 1 sex offenders who have been desig-
nated as sexual predators, sexually violent offenders, or predicate sex
offenders and such designation was based upon a conviction where victim
was a child. These regulations must include the prohibition against
placing a sex offender within an area that is considered to be school
grounds or a playground.
Section eight of this bill amends section 259-c of the Executive Law to
include all level two sex offenders in prohibition against entering an
area considered to be school grounds and to include playgrounds as
prohibited areas.
Section nine of this bill amends section 243 of the Executive Law to
require that the recommendations for placement rules, regulations and
guidelines made by DCJS to the Commissioner of DOCCS include the prohi-
bition against placing a sex offender within an area that is considered
to be school grounds or a playground.
Section ten of this bill amends Mental Hygiene Law section 10.11(a) to
require the Court, before ordering the release of a person to a regime
of strict and intensive supervision, shall include a condition that the
respondent sex offender refrain from entering school grounds or play-
grounds. Additionally, DOCCS will be required to confirm that the
respondent sex offender's proposed residence does not violate this new
condition.
Section eleven of this bill amends Penal Law section 10.00 to add a new
subdivision 22 defining the term "playground" to mean any area, struc-
ture, playing field or building that is owned by a public agency or a
not-for-profit organization, and that is designated and used as a recre-
ational area. The term "playground" also includes any areas accessible
to the public that are within 1000 feet of the real property boundary
line comprising the playground. This is similar to the 1000 feet area
for school grounds.
Section twelve of this bill amends Penal Law section 65.10(4-a) to make
conforming changed to the mandatory conditions for sex offenders which
will include all level two sex offenders in prohibition against entering
an area considered to be school grounds and to include playgrounds as an
area in which entry by level two and level three sex offenders are
prohibited from entering.
Section thirteen if this bill amends section 20 of the Social Services
Law to provide that the Office of Temporary and Disability Assistance
must amend its rules, regulations and guidelines for placement of sex
offenders in shelters to provide that a sex offender shall not be placed
in an area considered to be school grounds or a playground.
Section fourteen of this bill provides that this act shall take effect
on the first of November next succeeding the date on which it shall have
become a law.
CURRENT LAW:
Current law prohibits level 3 sex offenders and certain level one and
level two sex offenders from entering school grounds. Sex offenders are
not prohibited from entering playgrounds.
JUSTIFICATION:
This bill is designed to give children a further buffer from sexual
offenders by preventing already convicted offenders from residing within
1000 feet of a school or a playground's real property boundary line. Our
children should to be able to go to school and play on a playground
without their parents having to worry that their child may fall victim
to a previously convicted sex offender. The enactment of this bill is a
necessary step towards ensuring the safety of our children and prevent-
ing them from becoming targets of opportunity to criminals who already
have proven themselves a danger to children.
PRIOR LEGISLATIVE HISTORY:
2015-2016: A.7409-A/S.5000-B: Amend and Recommit to Correction.
Similar to:
2004: A.9800 - Referred to Correction.
2005-2006: A.5607 - Referred to Correction.
2007-2008: A.7247 - Referred to Correction.
2009-2010: A.7089 - Referred to Correction.
2011-2012: A.1947 / S.4026 - Referred to Correction
2013-2014: A.718-A / 5.2959-A - Referred to Correction
FISCAL IMPLICATIONS:
Minimal.
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law.
