S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7563

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 19, 2015
                               ___________

Introduced  by M. of A. FINCH -- read once and referred to the Committee
  on Correction

AN ACT to amend the correction law,  the  mental  hygiene  law  and  the
  social  services  law,  in  relation to restricting sex offenders from
  residing in a community residence for the mentally disabled

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 168-c of the correction law is amended by adding a
new subdivision 2-a to read as follows:
  2-A. NO SEX OFFENDER RELEASED OR DISCHARGED FROM A CORRECTIONAL FACIL-
ITY, HOSPITAL OR LOCAL CORRECTIONAL  FACILITY  OR  PLACED  ON  PROBATION
SHALL  RESIDE IN A COMMUNITY RESIDENCE AS DEFINED IN SECTION 1.03 OF THE
MENTAL HYGIENE LAW.
  S 2. Section 168-f of the correction law is amended by  adding  a  new
subdivision 4-a to read as follows:
  4-A.  A  SEX  OFFENDER,  AFTER HIS OR HER DISCHARGE, PAROLE OR RELEASE
FROM ANY CORRECTIONAL FACILITY, HOSPITAL OR LOCAL CORRECTIONAL  FACILITY
OR  WHO HAS BEEN PLACED ON PROBATION AND WHO HAS ESTABLISHED A RESIDENCE
SHALL NOT CHANGE SAID RESIDENCE SO AS TO RESIDE IN A COMMUNITY RESIDENCE
FACILITY AS DEFINED IN SECTION 1.03 OF THE MENTAL HYGIENE LAW.
  S 3. Section 168-k of the correction law is amended by  adding  a  new
subdivision 5 to read as follows:
  5. A SEX OFFENDER WHO HAS ESTABLISHED RESIDENCE IN THIS STATE PURSUANT
TO  THIS SECTION SHALL NOT RESIDE IN A COMMUNITY RESIDENCE AS DEFINED IN
SECTION 1.03 OF THE MENTAL HYGIENE LAW.
  S 4. Section 41.44 of the mental hygiene law is amended  by  adding  a
new subdivision (d-1) to read as follows:
  (D-1) THE COMMISSIONER SHALL DENY SEX OFFENDERS, AS DEFINED IN SECTION
ONE  HUNDRED  SIXTY-EIGHT-A OF THE CORRECTION LAW, ADMISSION TO RESIDEN-
TIAL CARE CENTERS FOR ADULTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09050-01-5

              

A. 7563                             2

  S 5. Paragraph 1 of subdivision a  of  section  10.11  of  the  mental
hygiene law, as amended by section 118-e of subpart B of part C of chap-
ter 62 of the laws of 2011, is amended to read as follows:
  (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 commis-
sioner, 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  resi-
dence, prohibition of contact with identified past or potential victims,
strict  and  intensive  supervision  by  a parole officer, and any other
lawful and necessary conditions that may be imposed by a court.   RECOM-
MENDATIONS  REGARDING RESIDENCE OR TYPE OF RESIDENCE SHALL NOT INCLUDE A
COMMUNITY RESIDENCE AS DEFINED IN SECTION 1.03 OF THIS CHAPTER. In addi-
tion, after consultation with the psychiatrist,  psychologist  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 attor-
ney general and the respondent and his or her counsel a reasonable  time
before the court issues its written order pursuant to this section.
  S 6. Subdivision 8 of section 20 of the social services law is amended
by adding a new paragraph (c) to read as follows:
  (C)  NOTWITHSTANDING  PARAGRAPH  (B) OF THIS SUBDIVISION, LOCAL SOCIAL
SERVICES OFFICIALS SHALL NOT PLACE  ANY  SEX  OFFENDER,  AS  DEFINED  IN
SECTION  ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW, IN A COMMUNITY
RESIDENCE AS DEFINED IN SECTION 1.03 OF THE MENTAL HYGIENE LAW.
  S 7. This act shall take effect on the ninetieth day  after  it  shall
have become a law.