Senate Bill S4890A

2015-2016 Legislative Session

Directs the commissioner of corrections and community supervision to establish standards for the distance from school grounds of the residence of certain sex offenders on probation or parole

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2015-S4890 - Details

See Assembly Version of this Bill:
A7661
Current Committee:
Assembly Correction
Law Section:
Executive Law
Laws Affected:
Add 259-f, Exec L; amd §220.00, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: S1271, A3259
2019-2020: A3195

2015-S4890 - Summary

Directs the commissioner of corrections and community supervision to establish standards for the distance certain sex offenders on probation or parole, or conditionally released, must reside from school grounds.

2015-S4890 - Sponsor Memo

2015-S4890 - Bill Text download pdf 

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

                                  4890

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 23, 2015
                               ___________

Introduced by Sens. AVELLA, KLEIN -- read twice and ordered printed, and
  when  printed to be committed to the Committee on Crime Victims, Crime
  and Correction

AN ACT to direct the division of criminal justice services to promulgate
  rules and regulations relating to residences of certain sex offenders

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

  Section 1. Notwithstanding any other provision of law, the division of
criminal  justice services shall promulgate rules and regulations neces-
sary to:
  1.  Clarify  the  agency  responsible  for  enforcing   the   distance
restrictions  for  proposed residences for sex offenders who are subject
to the laws which restrict their presence within 1,000  feet  of  school
grounds  pursuant  to subdivision 14 of section 220.00 of the penal law,
including but not limited to, specific instruction on how the  responsi-
ble agency may enforce such restrictions; and
  2.  Establish  a  uniform  standard  of  measurement  for  determining
distance restrictions including parameters to be used such  as  measure-
ment  from  the  "real property line boundary" of the school grounds and
include clarification of the area of the proposed residence that  is  to
be used in determining the restricted distance, including but not limit-
ed to:
  (a)  For  persons  on  parole  who  are  subject  to  the  1,000  foot
restriction pursuant to subdivision 14 of section 259-c of the executive
law; and
  (b) For persons on  probation  who  are  subject  to  the  1,000  foot
restriction  pursuant  to  subdivision 4-a of section 65.10 of the penal
law.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10568-01-5

co-Sponsors

2015-S4890A (ACTIVE) - Details

See Assembly Version of this Bill:
A7661
Current Committee:
Assembly Correction
Law Section:
Executive Law
Laws Affected:
Add 259-f, Exec L; amd §220.00, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: S1271, A3259
2019-2020: A3195

2015-S4890A (ACTIVE) - Summary

Directs the commissioner of corrections and community supervision to establish standards for the distance certain sex offenders on probation or parole, or conditionally released, must reside from school grounds.

2015-S4890A (ACTIVE) - Sponsor Memo

2015-S4890A (ACTIVE) - Bill Text download pdf 

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

                                 4890--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 23, 2015
                               ___________

Introduced by Sens. AVELLA, KLEIN -- read twice and ordered printed, and
  when  printed to be committed to the Committee on Crime Victims, Crime
  and  Correction  --  committee  discharged,  bill   amended,   ordered
  reprinted as amended and recommitted to said committee

AN  ACT to amend the executive law and the penal law, in relation to the
  requirement for certain sex offenders who are on probation or  parole,
  or  conditionally  released  to  reside  certain distances from school
  grounds

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

  Section  1. The executive law is amended by adding a new section 259-f
to read as follows:
  S 259-F. CERTAIN SEX OFFENDERS; RESIDENCE NEAR SCHOOL  GROUNDS.    THE
COMMISSIONER,  IN CONSULTATION WITH THE BOARD, DIRECTOR OF PROBATION AND
CORRECTIONAL ALTERNATIVES AND COMMISSIONER OF CRIMINAL JUSTICE SERVICES,
SHALL ESTABLISH BY RULE A UNIFORM STANDARD FOR MEASURING  AND  ENFORCING
THE  DISTANCE  RESTRICTIONS  FOR  PROPOSED RESIDENCES FOR REGISTERED SEX
OFFENDERS WHO ARE SUBJECT TO THE PROVISION OF  SUBDIVISION  FOURTEEN  OF
SECTION  TWO  HUNDRED FIFTY-NINE-C OF THIS ARTICLE OR SUBDIVISION FOUR-A
OF SECTION 65.10 OF THE PENAL LAW. SUCH STANDARD SHALL INCLUDE  SPECIFIC
REQUIREMENTS  AND  THE  METHODOLOGY  FOR THE ENFORCEMENT OF THE DISTANCE
RESTRICTIONS AND SUCH STANDARD SHALL BE POSTED ON THE  INTERNET  WEBSITE
OF THE DIVISION OF CRIMINAL JUSTICE SERVICES.
  S  2. Subdivision 14 of section 220.00 of the penal law, as amended by
chapter 292 of the laws of 1994, is amended to read as follows:
  14. "School grounds" means (a) in or on or within any building, struc-
ture, athletic playing field, playground or land  contained  within  the
real  property boundary line of a public or private elementary, parochi-
al, intermediate, junior high, vocational, or high school,  or  (b)  any
area  accessible  to  the public located within one thousand feet of the
real property boundary line comprising any such  school  or  any  parked

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10568-02-5

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