BILL NUMBER:S487

TITLE OF BILL:
An act
to amend the penal law, in relation to consecutive sentences
for sexual offenders on probation

PURPOSE:
This bill would strengthen the probation law regarding sex offenders
who are found guilty of another offense during their probation time.
With this change in the law, such offenders would now have to serve
consecutive sentences rather than concurrent sentences for which the
law currently allows.

SUMMARY OF PROVISIONS:
This bill amends subdivision 4 of section 60.01 of the Penal Law,
requiring any sentence for a sexual offense as defined in Article 130
or an offense included in the following: incest (section 255.5), the
use of a child in a sexual performance (section 263.10) or promoting
a sexual performance by a child (section 263.15) to run consecutively
to any other term of imprisonment.

JUSTIFICATION:
Keeping felony recidivism rates down has been a long time struggle for
the public safety community and society in general. Sex offenders,
especially those offenses that include minors and children have an
              

unusually high rate of recidivism with a very low rehabilitative rate.
Based upon this said fear and concern for sex offenders who
re-violate upon release from prison, Megan's Law was implemented in
1995 to develop a sex offender registry and notification system when
he/she moves into a new residence. The general consensus arrived at
with this bill is that people have a right to know the potential
level of danger that a convicted sex offender may represent to
themselves or their children.
The sex offender registry and community notification system has been
very helpful thus far in keeping neighborhoods and families safe.

However, the statistics continue to underscore the point that many
sexual offenders will and do re-offend. Some even re-offend during
their probation period. How does the state handle such probation
violators? Presently, the law allows any additional sentencing for
new offenses occurring during a probationary period to be served
concurrently with the original terms of the offender's sentence.
Thus, a violation of that probationary period would thereby go
unpunished, saving this offender from the maximum allowable
penalty. This legislation would change the penal code to provide only
consecutive sentencing for convicted sex offenders who re-violate
while on probation.

This legislation seeks to close an existing loophole in the law for
sex offenders. This is not just a legal matter, but a personal matter
especially for those residents in a particular Rochester neighborhood
where such a series of incidents prompted the introduction of this
bill. When the convicted risk level 3 sex offender first came to live
in the neighborhood under house arrest with his parents, the
community was notified per Megan's Law of his imminent move to the


area. For obvious reasons, many residents were concerned not just for
their own children, but also because of the very large number of
children at play in the particular area surrounding the offender's
soon-to-be home. The community held informational meetings and
hesitantly welcomed this person into their neighborhood. Within a
year, this individual was arrested and plead guilty to sodomizing two
youths from nearby Montgomery County. The children in the
neighborhood surrounding this man's house were safe but the
residents' fears of him offending again were unfortunately confirmed.

As a state, we need to ensure the safety of our neighborhoods and
children from repeat crimes of sex offenders. Education is vital to
helping children stay safe from harm. The sexual offender registry
and notification system have enhanced the ability for parents in
keeping their children and neighbors safe from harm, too. However, we
need to go further and tighten the state law so that convicted sexual
offenders will receive the maximum penalty for violating terms of
their probationary release.

LEGISLATIVE HISTORY:
2007-2008: PASSED SENATE

FISCAL IMPLICATIONS:
Undetermined.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.