BILL NUMBER:  S396

 TITLE OF BILL :  An act to amend the mental hygiene law, in relation
to notice of transfer of sex offender to community program or
residence

 PURPOSE :

This bill requires that where a sex offender is transferred to a
community program or residence, the Commissioner must notify the chief
executive officer of any municipality where the transfer was made and
the superintendent of schools in which such facility is located.

 SUMMARY OF PROVISIONS :

Section 1 amends section 13.09 of the mental hygiene law to add a new
subdivision that requires the Commissioner to provide additional
notification when a sex offender is transferred to a community program
or residence. The Commissioner must notify both the chief executive
officer of any municipality where the sex offender was transferred and
the superintendent of schools in which such facility is located. This
section also provides that notice must be given no later than ten
calendar days prior to such transfer.

Section 2 states that this act shall take effect immediately.

              

 JUSTIFICATION :

This bill changes the current law to require the Commissioner to
notify the chief executive officer of any municipality where a sex
offender is transferred to a community program or residence within
that municipality. The Commissioner is also required to notify the
superintendent of schools in which such facility is located. Notice
must be given no later than ten calendar days prior to such transfer.
Local officials should be aware of the transfer of sex offenders into
a community program or residence within their municipality before the
move is made so that they have time to properly address security
concerns, public concerns, and any other issues that may accompany the
transfer.

 LEGISLATIVE HISTORY :

2013-14: S.7064/A.9632 Referred to Mental Health and Developmental
Disabilities/Referred to Mental Health

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.