S T A T E O F N E W Y O R K
________________________________________________________________________
1824
2023-2024 Regular Sessions
I N A S S E M B L Y
January 23, 2023
___________
Introduced by M. of A. JEAN-PIERRE -- read once and referred to the
Committee on Correction
AN ACT to amend the correction law, the executive law, the mental
hygiene law, the penal law, and the social services law, in relation
to the residence of a sex offender
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 168-f of the correction law, as
amended by chapter 67 of the laws of 2008, is amended and two new subdi-
visions 4-a and 4-b are added to read as follows:
4. Any sex offender shall register with the division no later than ten
calendar days after any change of address, internet accounts with inter-
net access providers belonging to such offender, internet identifiers
that such offender uses, or his or her status of enrollment, attendance,
employment or residence at any institution of higher education. A fee of
ten dollars, as authorized by subdivision eight of section one hundred
sixty-eight-b of this article, shall be submitted by the sex offender
each time such offender registers any change of address or any change of
his or her status of enrollment, attendance, employment or residence at
any institution of higher education. Any failure or omission to submit
the required fee shall not affect the acceptance by the division of the
change of address or change of status. ANY FAILURE OR OMISSION TO
REGISTER ANY CHANGE OF ADDRESS OR ANY CHANGE OF HIS OR HER STATUS OF
ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF
HIGHER EDUCATION SHALL RESULT IN SENTENCE OF IMPRISONMENT FOR UP TO ONE
YEAR, A FINE OF UP TO ONE THOUSAND DOLLARS, OR BOTH.
4-A. A SEX OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE WHO HAS
BEEN GIVEN THE LEVEL THREE DESIGNATION, WHERE THE VICTIM OF A REGISTER-
ING OFFENSE WAS UNDER THE AGE OF EIGHTEEN AT THE TIME OF SUCH OFFENSE,
WHO HAS ESTABLISHED A RESIDENCE SHALL NOT CHANGE SAID RESIDENCE SO AS TO
RESIDE WITHIN THE AREA DEFINED AS SCHOOL GROUNDS, AS SUCH TERM IS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02943-01-3
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DEFINED IN SUBDIVISION FOURTEEN OF SECTION 220.00 OF THE PENAL LAW, THE
MEASUREMENTS TO BE TAKEN IN STRAIGHT LINES FROM THE CENTER OF THE NEAR-
EST ENTRANCE OF THE RESIDENCE TO THE REAL PROPERTY BOUNDARY LINE
COMPRISING SUCH SCHOOL GROUNDS.
4-B. A SEX OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE SHALL NOT
RESIDE WITHIN A QUARTER MILE FROM THE WORKPLACE AND RESIDENCE OF A
VICTIM OF SUCH SEX OFFENDER AND, IF SUCH SEX OFFENDER CAUSED THE DEATH
OF A VICTIM, THE SEX OFFENDER SHALL NOT RESIDE WITHIN A QUARTER MILE
FROM THE PRIOR RESIDENCE OF THE DECEASED VICTIM, IF THE SPOUSE, CHILD,
STEP CHILD, SIBLING, PARENT, GRANDPARENT OR GRANDCHILD OF THE VICTIM
CONTINUES TO RESIDE AT SUCH RESIDENCE.
§ 2. Section 203 of the correction law is amended by adding a new
subdivision 3 to read as follows:
3. SUCH GUIDELINES AND PROCEDURES PROMULGATED BY THE COMMISSIONER IN
ACCORDANCE WITH SUBDIVISION ONE OF THIS SECTION SHALL PROHIBIT THE
PLACEMENT OF SEX OFFENDERS DESIGNATED LEVEL THREE, WHERE THE VICTIM OF
THEIR OFFENSE WAS UNDER THE AGE OF EIGHTEEN AT THE TIME OF SUCH OFFENSE,
FROM RESIDING WITHIN THE AREA DEFINED AS SCHOOL GROUNDS, AS SUCH TERM IS
DEFINED IN SUBDIVISION FOURTEEN OF SECTION 220.00 OF THE PENAL LAW, THE
MEASUREMENTS TO BE TAKEN IN STRAIGHT LINES FROM THE CENTER OF THE NEAR-
EST ENTRANCE OF THE RESIDENCE TO THE REAL PROPERTY BOUNDARY LINE
COMPRISING SUCH SCHOOL GROUNDS.
SUCH GUIDELINES AND PROCEDURES SHALL ALSO PROHIBIT THE PLACEMENT OF
SEX OFFENDERS DESIGNATED AS LEVEL TWO OR LEVEL THREE FROM RESIDING WITH-
IN A QUARTER MILE FROM THE WORKPLACE AND RESIDENCE OF A VICTIM OF SUCH
OFFENDER AND, IF SUCH OFFENDER CAUSED THE DEATH OF A VICTIM, THE OFFEN-
DER SHALL NOT BE PLACED WITHIN A QUARTER MILE FROM THE PRIOR RESIDENCE
OF THE DECEASED VICTIM, IF THE SPOUSE, CHILD, STEP CHILD, SIBLING,
PARENT, GRANDPARENT OR GRANDCHILD OF THE VICTIM CONTINUES TO RESIDE AT
SUCH RESIDENCE.
§ 3. Subdivision 4 of section 243 of the executive law, as added by
chapter 568 of the laws of 2008 and the opening paragraph as amended by
section 17 of part A of chapter 56 of the laws of 2010, is amended to
read as follows:
4. The office shall recommend to the commissioner rules and regu-
lations which shall include guidelines and procedures on the placement
of sex offenders designated as level two or level three offenders pursu-
ant to article six-C of the correction law, PROVIDED THAT SUCH RECOM-
MENDED RULES AND REGULATIONS SHALL PROHIBIT THE PLACEMENT OF A SEX
OFFENDER DESIGNATED AS A LEVEL THREE OFFENDER WITHIN THE AREA DEFINED AS
SCHOOL GROUNDS, AS SUCH TERM IS DEFINED IN SUBDIVISION FOURTEEN OF
SECTION 220.00 OF THE PENAL LAW, THE MEASUREMENTS TO BE TAKEN IN
STRAIGHT LINES FROM THE CENTER OF THE NEAREST ENTRANCE OF THE RESIDENCE
TO THE REAL PROPERTY BOUNDARY LINE COMPRISING SUCH SCHOOL GROUNDS.
SUCH RECOMMENDED RULES AND REGULATIONS SHALL ALSO PROHIBIT THE PLACE-
MENT OF A SEX OFFENDER DESIGNATED AS A LEVEL TWO OR THREE FROM RESIDING
WITHIN A QUARTER MILE FROM THE WORKPLACE AND RESIDENCE OF A VICTIM OF
SUCH OFFENDER AND, IF SUCH OFFENDER CAUSED THE DEATH OF A VICTIM, THE
OFFENDER SHALL NOT BE PLACED WITHIN A QUARTER MILE FROM THE PRIOR RESI-
DENCE OF THE DECEASED VICTIM, IF THE SPOUSE, CHILD, STEP CHILD, SIBLING,
PARENT, GRANDPARENT OR GRANDCHILD OF THE VICTIM CONTINUES TO RESIDE AT
SUCH RESIDENCE. Such regulations shall instruct local probation depart-
ments to consider certain factors when investigating and approving the
residence of level two or level three sex offenders sentenced to a peri-
od of probation. Such factors shall include the following:
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(a) the location of other sex offenders required to register under the
sex offender registration act, specifically whether there is a concen-
tration of registered sex offenders in a certain residential area or
municipality;
(b) the number of registered sex offenders residing at a particular
property;
(c) the proximity of entities with vulnerable populations;
(d) accessibility to family members, friends or other supportive
services, including but not limited to locally available sex offender
treatment programs with preference for placement of such individuals
into programs that have demonstrated effectiveness in reducing sex
offender recidivism and increasing public safety; and
(e) the availability of permanent, stable housing in order to reduce
the likelihood that such offenders will be transient.
§ 4. Subdivision (a) of section 10.11 of the mental hygiene law, as
added by chapter 7 of the laws of 2007, paragraphs 1 and 2 as amended by
section 118-e of subpart B of part C of chapter 62 of the laws of 2011,
is amended to read as follows:
(a) (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 commissioner, SHALL INCLUDE A PROHIBITION AGAINST A SEX OFFENDER
DESIGNATED AS A LEVEL THREE OFFENDER RESIDING WITHIN THE AREA DEFINED AS
SCHOOL GROUNDS, AS SUCH TERM IS DEFINED IN SUBDIVISION FOURTEEN OF
SECTION 220.00 OF THE PENAL LAW, THE MEASUREMENTS TO BE TAKEN IN
STRAIGHT LINES FROM THE CENTER OF THE NEAREST ENTRANCE OF THE RESIDENCE
TO THE REAL PROPERTY BOUNDARY LINE COMPRISING SUCH SCHOOL GROUNDS, AND
SHALL INCLUDE A PROHIBITION AGAINST A SEX OFFENDER FROM RESIDING WITHIN
A QUARTER MILE FROM THE WORKPLACE AND RESIDENCE OF A VICTIM OF SUCH SEX
OFFENDER AND, IF SUCH SEX OFFENDER CAUSED THE DEATH OF A VICTIM, THE SEX
OFFENDER SHALL NOT RESIDE WITHIN A QUARTER MILE FROM THE PRIOR RESIDENCE
OF THE DECEASED VICTIM, IF THE SPOUSE, CHILD, STEP CHILD, SIBLING,
PARENT, GRANDPARENT OR GRANDCHILD OF THE VICTIM CONTINUES TO RESIDE AT
SUCH RESIDENCE AND 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 residence, 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. In
addition, 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 recom-
mended requirements for supervision and treatment shall be given to the
attorney general and the respondent and his or her counsel a reasonable
time before the court issues its written order pursuant to this section.
(2) Before issuing its written order, the court shall afford the
parties an opportunity to be heard, and shall consider any additional
submissions by the respondent and the attorney general concerning the
proposed conditions of the regimen of strict and intensive supervision
and treatment. The court shall issue an order specifying the conditions
of the regimen of strict and intensive supervision and treatment, which
shall include A PROHIBITION AGAINST A SEX OFFENDER DESIGNATED AS A LEVEL
THREE OFFENDER RESIDING WITHIN THE AREA DEFINED AS SCHOOL GROUNDS, AS
SUCH TERM IS DEFINED IN SUBDIVISION FOURTEEN OF SECTION 220.00 OF THE
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PENAL LAW, THE MEASUREMENTS TO BE TAKEN IN STRAIGHT LINES FROM THE
CENTER OF THE NEAREST ENTRANCE OF THE RESIDENCE TO THE REAL PROPERTY
BOUNDARY LINE COMPRISING SUCH SCHOOL GROUNDS, A PROHIBITION AGAINST A
SEX OFFENDER FROM RESIDING WITHIN A QUARTER MILE FROM THE WORKPLACE AND
RESIDENCE OF A VICTIM OF SUCH SEX OFFENDER AND, IF SUCH SEX OFFENDER
CAUSED THE DEATH OF A VICTIM, THE SEX OFFENDER SHALL NOT RESIDE WITHIN A
QUARTER MILE FROM THE PRIOR RESIDENCE OF THE DECEASED VICTIM, IF THE
SPOUSE, CHILD, STEP CHILD, SIBLING, PARENT, GRANDPARENT OR GRANDCHILD OF
THE VICTIM CONTINUES TO RESIDE AT SUCH RESIDENCE, specified supervision
requirements and compliance with a specified course of treatment. A
written statement of the conditions of the regimen of strict and inten-
sive supervision and treatment shall be given to the respondent and to
his or her counsel, any designated service providers or treating profes-
sionals, the commissioner, the attorney general and the supervising
parole officer. The court shall require the department of corrections
and community supervision to take appropriate actions to implement the
supervision plan and assure compliance with the conditions of the regi-
men of strict and intensive supervision and treatment AND TO INVESTIGATE
AND APPROVE THE LOCATION OF THE RESPONDENT'S RESIDENCE AND PLACE OF
EMPLOYMENT. A regimen of strict and intensive supervision does not toll
the running of any form of supervision in criminal cases, including but
not limited to post-release supervision and parole.
§ 5. 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 and two
new paragraphs (a-1) and (a-2) are added 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] ONE HUNDRED SIXTY-EIGHT-L
of the correction law, the court shall require, as a mandatory condition
of such sentence, that such sentenced offender shall refrain from know-
ingly 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, 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 facility, institution or grounds, enter such facility, institution
or upon such grounds for the limited purposes authorized by the
probation officer 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.
(A-1) WHEN IMPOSING A SENTENCE OF PROBATION OR CONDITIONAL DISCHARGE
UPON A PERSON DESIGNATED A LEVEL THREE SEX OFFENDER, WHERE THE VICTIM OF
THEIR OFFENSE WAS UNDER THE AGE OF EIGHTEEN AT THE TIME OF SUCH OFFENSE,
THE COURT SHALL REQUIRE, AS A MANDATORY CONDITION OF SUCH SENTENCE, THAT
SUCH SENTENCED OFFENDER SHALL NOT RESIDE WITHIN THE AREA DEFINED AS
SCHOOL GROUNDS, AS SUCH TERM IS DEFINED IN SUBDIVISION FOURTEEN OF
SECTION 220.00 OF THIS CHAPTER, THE MEASUREMENTS TO BE TAKEN IN STRAIGHT
A. 1824 5
LINES FROM THE CENTER OF THE NEAREST ENTRANCE OF THE RESIDENCE TO THE
REAL PROPERTY BOUNDARY LINE COMPRISING SUCH SCHOOL GROUNDS.
(A-2) WHEN IMPOSING A SENTENCE OF PROBATION OR CONDITIONAL DISCHARGE
UPON A PERSON CONVICTED OF A SEX OFFENSE UNDER ARTICLE ONE HUNDRED THIR-
TY OF THIS CHAPTER, THE COURT SHALL REQUIRE, AS MANDATORY CONDITIONS OF
SUCH SENTENCE, THAT SUCH SENTENCED OFFENDER BE PROHIBITED FROM RESIDING
WITHIN A QUARTER MILE FROM THE WORKPLACE AND RESIDENCE OF A VICTIM OR
VICTIMS OF SUCH SENTENCED OFFENDER AND, IF SUCH SENTENCED OFFENDER
CAUSED THE DEATH OF A VICTIM THE SENTENCED OFFENDER SHALL NOT RESIDE
WITHIN A QUARTER MILE FROM THE PRIOR RESIDENCE OF THE DECEASED VICTIM,
IF THE SPOUSE, CHILD, STEP CHILD, SIBLING, PARENT, GRANDPARENT OR GRAND-
CHILD OF THE VICTIM CONTINUES TO RESIDE AT SUCH RESIDENCE.
§ 6. Subdivision 8 of section 20 of the social services law, as
amended by section 150 of subpart B of part C of chapter 62 of the laws
of 2011, is amended to read as follows:
8. (a) The office of temporary and disability assistance shall promul-
gate rules and regulations for the administration of this subdivision.
The rules and regulations shall provide for the conditions under which
local social services officials determine the placement of applicants
for and recipients of public assistance for whom a notice pursuant to
section two hundred three of the correction law, has been received and
who are:
(i) determined to be in immediate need of shelter; and
(ii) designated a level two or level three sex offender pursuant to
article six-C of the correction law.
(b) When making determinations in regard to the placement of such
individuals in shelter, local social services officials shall NOT PLACE
A LEVEL THREE OFFENDER WITHIN AN AREA DEFINED AS SCHOOL GROUNDS, AS SUCH
TERM IS DEFINED IN SUBDIVISION FOURTEEN OF SECTION 220.00 OF THE PENAL
LAW, THE MEASUREMENTS TO BE TAKEN IN STRAIGHT LINES FROM THE CENTER OF
THE NEAREST ENTRANCE OF THE RESIDENCE TO THE REAL PROPERTY BOUNDARY LINE
COMPRISING SUCH SCHOOL GROUNDS, AND SHALL NOT PLACE ANY OFFENDER WITHIN
A QUARTER MILE FROM THE WORKPLACE AND RESIDENCE OF A VICTIM OR VICTIMS
OF SUCH OFFENDER AND, IF SUCH OFFENDER CAUSED THE DEATH OF A VICTIM THE
OFFENDER SHALL NOT BE PLACED WITHIN A QUARTER MILE FROM THE PRIOR RESI-
DENCE OF THE DECEASED VICTIM, IF THE SPOUSE, CHILD, STEP CHILD, SIBLING,
PARENT, GRANDPARENT OR GRANDCHILD OF THE VICTIM CONTINUES TO RESIDE AT
SUCH RESIDENCE AND SHALL consider the following factors:
(i) the location of other sex offenders required to register pursuant
to the sex offender registration act, specifically whether there is a
concentration of registered sex offenders in a certain residential area
or municipality;
(ii) the number of registered sex offenders residing at a particular
property;
(iii) proximity of the entities with vulnerable populations;
(iv) accessibility to family members, friends or other supportive
services, including but not limited to locally available sex offender
treatment programs with preference for placement of such individuals
into programs that have demonstrated effectiveness in reducing sex
offender recidivism and increasing public safety; and
(v) investigation and approval of such placement by the department of
corrections and community supervision.
§ 7. Local and/or state law enforcement agencies or their designee
may monitor and verify sex offender registration compliance, and coun-
ties may enact, by local law or resolution, requirements for sex offen-
ders to provide information to law enforcement agencies or their desig-
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nee, to verify their home and employment addresses which have been
registered pursuant to the provisions of the sex offender registration
act.
§ 8. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.