NY State Senate Bill 2021-S5538

Senate Bill S5538

2021-2022 Legislative Session

Relates to the placement of registered sex offenders by the office for people with developmental disabilities

download bill text pdf

Archive: Last Bill Status - In Senate Committee Disabilities 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to disabilities
Mar 10, 2021	referred to disabilities

co-Sponsors

2021-S5538 (ACTIVE) - Details

Current Committee:: Senate Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Add §13.38-a, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S9169
2019-2020: S2028

2021-S5538 (ACTIVE) - Summary

Relates to the placement of registered sex offenders by the office for people with developmental disabilities; provides that registered sex offenders with developmental disabilities shall be placed only in residential placements specifically designated for registered sex offenders by the office.

2021-S5538 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5538

SPONSOR: STEC
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to placement of
registered sex offenders by the office for people with developmental
disabilities

 
PURPOSE:

This bill provides that registered sex offenders with developmental
disabilities, except for a level one sex offender who has not been
designated as a sexual predator, a sexually violent offender, or a pred-
icate sex offender, shall not be placed in the same assisted living
facilities as the general population of individuals with developmental
disabilities.

 
SUMMARY OF PROVISIONS:

Section 1 directs OPWDD to establish separate homes for individuals with

developmental disabilities who are registered sex offenders with
adequate accommodations, staff, and safety, and establishes that regis-
tered sex offenders with developmental disabilities shall never be
placed in a home with the general population of individuals with devel-
opmental disabilities. For the purposes of this section a "registered
sex offender" is defined as all registered sex offenders pursuant to
article six-c of the correction law, except for a level one sex offender
who has not been designated as a sexual predator, a sexually violent
offender, or a predicate sex offender.

Section 2 establishes the effective date.

 
JUSTIFICATION:

In September 2018 families with relatives who live in a state-run home
for the developmentally disabled were notified that a Level 2 sex offen-
der would be placed in the home after being released from prison. The
registered sex offender had been convicted of third degree rape in both
2011 and 2014.Individuals with developmental disabilities greatly bene-
fit from assisted living facilities where they are provided with care
and interaction outside of their immediate families.

Placing a registered sex offender within those same homes could signif-
icantly disrupt the daily activities of the home and create legitimate
safety concerns for the families of the individuals who already reside
therein.

This legislation would allow OPWDD to fulfill its responsibility to
place registered sex offenders with developmental disabilities in homes
with adequate care while protecting the general population of individ-
uals with developmental disabilities from them. Creating a separate
space for individuals with development disabilities from those convicted
of sex crimes would allow both populations to be properly cared for
while providing peace of mind to all parties involved.

 
LEGISLATIVE HISTORY:


2020/2019: S2028A referred to Mental Health and Developmental Disabili-
ties; A1477A referred to mental Health
2018: S9169 referred to Rules; A 11357 referred to Mental Health

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2021-S5538 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5538
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 10, 2021
                                ___________
 
 Introduced  by  Sen.  STEC  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Disabilities
 
 AN ACT to amend the mental hygiene law,  in  relation  to  placement  of
   registered  sex  offenders by the office for people with developmental
   disabilities

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The mental hygiene law is amended by adding a new section
 13.38-a to read as follows:
 § 13.38-A PLACEMENT OF REGISTERED SEX OFFENDERS.
   1. FOR PURPOSES OF THIS SECTION, THE TERM  "REGISTERED  SEX  OFFENDER"
 SHALL MEAN ALL REGISTERED SEX OFFENDERS PURSUANT TO ARTICLE SIX-C OF THE
 CORRECTION  LAW,  EXCEPT  FOR  A LEVEL ONE SEX OFFENDER WHO HAS NOT BEEN
 DESIGNATED AS A SEXUAL PREDATOR, A SEXUALLY VIOLENT OFFENDER, OR A PRED-
 ICATE SEX OFFENDER.
   2. THE OFFICE SHALL  DESIGNATE  SPECIFIC  RESIDENTIAL  PLACEMENTS  FOR
 INDIVIDUALS  WITH  DEVELOPMENTAL  DISABILITIES  WHO  ARE  REGISTERED SEX
 OFFENDERS. THE OFFICE SHALL DETERMINE HOW  MANY  RESIDENTIAL  PLACEMENTS
 FOR  INDIVIDUALS  WHO  ARE  REGISTERED  SEX  OFFENDERS  ARE NECESSARY TO
 PROVIDE ADEQUATE SERVICES TO SUCH INDIVIDUALS AND SHALL ENSURE THAT  THE
 LOCATION  OF  SUCH  RESIDENTIAL  PLACEMENTS ARE GEOGRAPHICALLY DISBURSED
 THROUGHOUT THE STATE.
   3. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, THE OFFICE SHALL
 NOT PERMIT OR CAUSE THE PLACEMENT OF ANY REGISTERED SEX OFFENDER IN  ANY
 RESIDENTIAL  PLACEMENT  OTHER  THAN  SPECIFICALLY DESIGNATED RESIDENTIAL
 PLACEMENTS FOR REGISTERED SEX OFFENDERS AS PROVIDED IN  SUBDIVISION  ONE
 OF THIS SECTION.  PROVIDED, HOWEVER, THIS SUBDIVISION SHALL NOT APPLY TO
 REGISTERED  SEX  OFFENDERS  WHO HAVE ALREADY BEEN SUCCESSFULLY PLACED BY
 THE OFFICE IN A RESIDENTIAL PLACEMENT FOR INDIVIDUALS WITH DEVELOPMENTAL
 DISABILITIES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03155-02-1

 S. 5538                             2
 
   4. THE OFFICE SHALL DEVELOP A  STAFFING  MODEL  FOR  SUCH  RESIDENTIAL
 PLACEMENTS  FOR  REGISTERED SEX OFFENDERS WHICH SHALL INCLUDE, BUT SHALL
 NOT BE LIMITED TO, AN ADEQUATE STAFF TO RESIDENT RATIO  AND  APPROPRIATE
 TRAINING, TO ENSURE THE SAFETY AND WELL-BEING OF THE RESIDENTS.
   5.  TRANSITIONAL  CARE  PROVIDED TO SUCH REGISTERED SEX OFFENDERS WITH
 DEVELOPMENTAL DISABILITIES SHALL INCLUDE OUTREACH BY THE OFFICE TO LOCAL
 LAW ENFORCEMENT.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Senate Bill S5538

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Sponsored By

Daniel G. Stec