S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6695
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 15, 2019
                                ___________
 
 Introduced by M. of A. FINCH, McDONOUGH, FITZPATRICK, GIGLIO, MORINELLO,
   WALSH,  LAWRENCE,  BARCLAY  -- Multi-Sponsored by -- M. of A. BLANKEN-
   BUSH, GARBARINO  --  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.
   §  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.
   §  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.
   §  4.  Section  41.44 of the mental hygiene law is amended by adding a
 new subdivision (d-1) to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04937-01-9

              

 A. 6695                             2
 
   (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.
   §  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.
   § 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.
   §  7.  This  act shall take effect on the ninetieth day after it shall
 have become a law.