Legislation
SECTION 203
Regulations for release of certain sex offenders
Correction (COR) CHAPTER 43, ARTICLE 8
§ 203. Regulations for release of certain sex offenders. 1. The
commissioner shall promulgate rules and regulations that shall include
guidelines and procedures on the placement of sex offenders designated
as level two or level three offenders pursuant to article six-C of this
chapter. Such regulations shall provide instruction on certain factors
to be considered when investigating and approving the residence of level
two or level three sex offenders released on presumptive release,
parole, conditional release or post-release supervision. Such factors
shall include the following:
(a) the location of other sex offenders required to register under the
sex offender registration act, specifically whether there is a
concentration 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.
2. The department shall have the duty, prior to the release to
community supervision of an incarcerated individual designated a level
two or three sex offender pursuant to the sex offender registration act,
to provide notification to the local social services district in the
county in which the incarcerated individual expects to reside, when
information available or any other pre-release procedures indicates that
such incarcerated individual is likely to seek to access local social
services for homeless persons. The department shall provide such notice,
when practicable, thirty days or more before such incarcerated
individual's release, but in any event, in advance of such incarcerated
individual's arrival in the jurisdiction of such local social services
district.
commissioner shall promulgate rules and regulations that shall include
guidelines and procedures on the placement of sex offenders designated
as level two or level three offenders pursuant to article six-C of this
chapter. Such regulations shall provide instruction on certain factors
to be considered when investigating and approving the residence of level
two or level three sex offenders released on presumptive release,
parole, conditional release or post-release supervision. Such factors
shall include the following:
(a) the location of other sex offenders required to register under the
sex offender registration act, specifically whether there is a
concentration 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.
2. The department shall have the duty, prior to the release to
community supervision of an incarcerated individual designated a level
two or three sex offender pursuant to the sex offender registration act,
to provide notification to the local social services district in the
county in which the incarcerated individual expects to reside, when
information available or any other pre-release procedures indicates that
such incarcerated individual is likely to seek to access local social
services for homeless persons. The department shall provide such notice,
when practicable, thirty days or more before such incarcerated
individual's release, but in any event, in advance of such incarcerated
individual's arrival in the jurisdiction of such local social services
district.