S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    978
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by  Sen. MATTERA -- 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 penal law and the executive law,
   in  relation  to  prohibiting level three sex offenders from living in
   college housing

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (b-1) of subdivision 2 of section 168-f of the
 correction law, as amended by chapter  532  of  the  laws  of  2011,  is
 amended to read as follows:
   (b-1)  If  the sex offender has been given a level two or three desig-
 nation, such offender shall sign the verification form, and  state  that
 he  or  she  still is employed at the address last reported to the divi-
 sion.  IF A SEX OFFENDER HAS BEEN GIVEN A LEVEL THREE DESIGNATION,  SUCH
 OFFENDER SHALL NOT RESIDE IN STUDENT HOUSING OF ANY INSTITUTION OF HIGH-
 ER EDUCATION.
   § 2. Section 168-t of the correction law, as amended by chapter 373 of
 the laws of 2007, is amended to read as follows:
   §  168-t.  Penalty. Any sex offender required to register or to verify
 pursuant to the provisions of this article  who  fails  to  register  or
 verify  in  the  manner and within the time periods provided for in this
 article shall be guilty of a class E  felony  upon  conviction  for  the
 first  offense,  and  upon conviction for a second or subsequent offense
 shall be guilty of a class D felony. Any sex offender who  violates  the
 provisions  of  section one hundred sixty-eight-v of this article OR THE
 PROVISIONS OF PARAGRAPH (B-1) OF SUBDIVISION TWO OF SECTION ONE  HUNDRED
 SIXTY-EIGHT-F  OF THIS ARTICLE CONCERNING THE PROHIBITION ON RESIDING IN
 STUDENT HOUSING OF ANY INSTITUTION OF HIGHER EDUCATION shall  be  guilty
 of a class A misdemeanor upon conviction for the first offense, and upon
 conviction for a second or subsequent offense shall be guilty of a class
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03907-01-3
              

 S. 978                              2
 
 D  felony.  Any such failure to register or verify may also be the basis
 for revocation of parole pursuant to section two hundred fifty-nine-i of
 the executive law or the basis for revocation of probation  pursuant  to
 article four hundred ten of the criminal procedure law.
   §  3.  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] 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. IF A
 SEX  OFFENDER  HAS  BEEN  GIVEN A LEVEL THREE DESIGNATION, SUCH OFFENDER
 SHALL NOT RESIDE IN STUDENT HOUSING OF ANY INSTITUTION OF HIGHER  EDUCA-
 TION.  Nothing in this subdivision shall be construed as restricting any
 lawful condition of supervision that may be imposed  on  such  sentenced
 offender.
   §  4. 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,
 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
 S. 978                              3
 
 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. IF
 A  SEX  OFFENDER HAS BEEN GIVEN A LEVEL THREE DESIGNATION, SUCH OFFENDER
 SHALL NOT RESIDE IN STUDENT HOUSING OF ANY INSTITUTION OF HIGHER  EDUCA-
 TION.  Nothing in this subdivision shall be construed as restricting any
 lawful condition of supervision that may be imposed  on  such  sentenced
 offender.
   § 5. This act shall take effect immediately.