S T A T E   O F   N E W   Y O R K
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                                  3042

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 2, 2015
                               ___________

Introduced by Sen. ESPAILLAT -- 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  inmates  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 inmates
released to the community will be unable to successfully transition back
to society and therefore heightens the risk of re-offense. This is espe-
cially 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 unacceptable  level  of  concen-
tration of sex offenders in certain residential areas.
  S  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  inmates who are required to register as a sex offender pursu-
ant to article 6-C of the correction law released from state  and  local

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04715-01-5
              

S. 3042                             2

correctional  facilities.   The commission shall investigate all factors
that impact the risk of recidivism, and lead to the concentration of sex
offenders in certain residential areas. The commission 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 govern-
ment. 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.
  S 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.
  S 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.
  S  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
any  other  public or private agency. The commission shall meet and hold
public hearings or private meetings within or  without  the  state,  and

S. 3042                             3

shall  have  all  the  powers of a legislative committee pursuant to the
legislative law.
  S 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.
  S  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.