S T A T E O F N E W Y O R K
________________________________________________________________________
1647
2017-2018 Regular Sessions
I N S E N A T E
January 10, 2017
___________
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Crime Victims, Crime and
Correction
AN ACT to amend the correction law, the executive law and the penal law,
in relation to sex offender's notice of residency requirements
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 168-b of the correction law is amended by adding a
new subdivision 13 to read as follows:
13. THE DIVISION, WHEN ACKNOWLEDGING INITIAL REGISTRATION AND THERE-
AFTER IN ANNUAL CORRESPONDENCE, SHALL ADVISE EACH SEX OFFENDER TO WHOM
THE RESIDENCY RESTRICTION IN SECTION TWO HUNDRED FIFTY-NINE-C OF THE
EXECUTIVE LAW OR SECTION 65.10 OF THE PENAL LAW APPLIES, CONCERNING THE
TERMS AND SPECIFIC DURATION OF SUCH RESTRICTION.
§ 2. Subdivision 14 of section 259-c of the executive law, as amended
by section 38-b of subpart A of part C of chapter 62 of the laws of
2011, is amended to read as follows:
14. notwithstanding any other provision of law to the contrary, where
a person serving a sentence for an offense defined in article one
hundred thirty, one hundred thirty-five or two hundred sixty-three of
the penal law or section 255.25, 255.26 or 255.27 of the penal law and
the victim of such offense was under the age of eighteen at the time of
such offense or such person has been designated a level three sex offen-
der pursuant to subdivision six of section one hundred sixty-eight-l of
the correction law, is released on parole or conditionally released
pursuant to subdivision one or two of this section, the board shall
require, as a mandatory condition of such release, that such sentenced
offender shall refrain from knowingly entering into or upon any school
grounds, as that term is defined in subdivision fourteen of section
220.00 of the penal law, or any other facility or institution primarily
used for the care or treatment of persons under the age of eighteen
while one or more of such persons under the age of eighteen are present,
OR WITHIN ONE THOUSAND FEET OF A PARK OR BUILDING IN WHICH CHILD DAY
CARE IS PROVIDED, provided however, that when such sentenced offender is
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01959-01-7
S. 1647 2
a registered student or participant or an employee of such facility or
institution or entity contracting therewith or has a family member
enrolled in such facility or institution, such sentenced offender may,
with the written authorization of his or her parole officer and the
superintendent or chief administrator of such facility, institution or
grounds, enter such facility, institution or upon such grounds for the
limited purposes authorized by the parole officer and superintendent or
chief officer. Nothing in this subdivision shall be construed as
restricting any lawful condition of supervision that may be imposed on
such sentenced offender.
§ 3. Section 259-c of the executive law is amended by adding a new
subdivision 18 to read as follows:
18. WHEN THE PROVISIONS OF SUBDIVISION FOURTEEN OF THIS SECTION APPLY
CONCERNING CERTAIN RESTRICTIONS ON RESIDENCE, THE BOARD SHALL NOTIFY THE
PERSON RELEASED OF THE RESTRICTION IN WRITING AND DIRECT THE SUPERVISING
PAROLE OFFICER TO NOTIFY SUCH PERSON OF SUCH RESTRICTION ORALLY AND IN
WRITING.
§ 4. Paragraph (a) of subdivision 4-a of section 65.10 of the penal
law, as amended by chapter 67 of the laws of 2008, is amended to read as
follows:
(a) When imposing a sentence of probation or conditional discharge
upon a person convicted of an offense defined in article one hundred
thirty, two hundred thirty-five or two hundred sixty-three of this chap-
ter, or section 255.25, 255.26 or 255.27 of this chapter, and the victim
of such offense was under the age of eighteen at the time of such
offense or such person has been designated a level three sex offender
pursuant to subdivision six of section 168-l of the correction law, the
court shall require, as a mandatory condition of such sentence, that
such sentenced offender shall refrain from knowingly entering into or
upon any school grounds, as that term is defined in subdivision fourteen
of section 220.00 of this chapter, or any other facility or institution
primarily used for the care or treatment of persons under the age of
eighteen while one or more of such persons under the age of eighteen are
present, OR WITHIN ONE THOUSAND FEET OF A PARK OR BUILDING IN WHICH
CHILD DAY CARE IS PROVIDED, PROVIDED however, that when such sentenced
offender is a registered student or participant or an employee of such
facility or institution or entity contracting therewith or has a family
member enrolled in such facility or institution, such sentenced offender
may, with the written authorization of his or her probation officer or
the court and the superintendent or chief administrator of such facili-
ty, institution or grounds, enter such facility, institution or upon
such grounds for the limited purposes authorized by the probation offi-
cer or the court and superintendent or chief officer. Nothing in this
subdivision shall be construed as restricting any lawful condition of
supervision that may be imposed on such sentenced offender.
§ 5. Section 65.10 of the penal law is amended by adding a new subdi-
vision 6 to read as follows:
6. NOTICE OF RESIDENCY REQUIREMENTS FOR SEX OFFENDERS. WHEN THE
PROVISIONS OF SUBDIVISION FOUR-A OF THIS SECTION APPLY CONCERNING
CERTAIN RESTRICTIONS ON RESIDENCE, THE COURT SHALL NOTIFY THE DEFENDANT
OF THE RESTRICTION IN WRITING AND THE SUPERVISING PROBATION OFFICER
SHALL NOTIFY THE OFFENDER OF THE RESTRICTION ORALLY AND IN WRITING.
§ 6. This act shall take effect on the sixtieth day after it shall
have become a law.