Bill Text: NY A00564 | 2019-2020 | General Assembly | Introduced
Bill Title: Restricts a registered sex offender from residing within 1000 feet of school grounds or a playground.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-01-08 - referred to correction [A00564 Detail]
Download: New_York-2019-A00564-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 564 2019-2020 Regular Sessions IN ASSEMBLY (Prefiled) January 9, 2019 ___________ Introduced by M. of A. BRAUNSTEIN, WEPRIN, SIMOTAS, M. G. MILLER, OTIS, RA, JAFFEE, MOSLEY, ARROYO, PALUMBO, MONTESANO, FINCH, RAIA, BRABENEC, PALMESANO, FRIEND, ENGLEBRIGHT, COOK -- Multi-Sponsored by -- M. of A. BARCLAY, BLANKENBUSH, CROUCH, FITZPATRICK, HAWLEY, HEVESI, KOLB, LUPARDO, SCHIMMINGER, SOLAGES, STEC -- 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: 1 Section 1. Section 168-c of the correction law is amended by adding a 2 new subdivision 2-a to read as follows: 3 2-a. Upon notification pursuant to subdivisions one or two of this 4 section, it shall be the duty of the division to confirm that a sex 5 offender's proposed residence is not within the area defined as school 6 grounds, as such term is defined in subdivision fourteen of section 7 220.00 of the penal law, or a playground, as such term is defined in 8 subdivision twenty-two of section 10.00 of the penal law, the measure- 9 ments to be taken in straight lines from the center of the nearest 10 entrance of the residence to the nearest real property boundary line 11 comprising such school grounds or playground. 12 § 2. Subdivisions 2 and 3 of section 168-d of the correction law, 13 subdivision 2 as amended by chapter 684 of the laws of 2005, and subdi- 14 vision 3 as amended by chapter 11 of the laws of 2002, are amended to 15 read as follows: 16 2. Any sex offender, who is released on probation or discharged upon 17 payment of a fine, conditional discharge or unconditional discharge 18 shall, prior to such release or discharge, be informed of his or her 19 duty to register under this article by the court in which he or she was EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02929-01-9A. 564 2 1 convicted. At the time sentence is imposed, such sex offender shall 2 register with the division on a form prepared by the division. The court 3 shall require the sex offender to read and sign such form and to 4 complete the registration portion of such form. The court shall on such 5 form obtain the address where the sex offender expects to reside upon 6 his or her release, and the name and address of any institution of high- 7 er education he or she expects to be employed by, enrolled in, attending 8 or employed, whether for compensation or not, and whether he or she 9 expects to reside in a facility owned or operated by such an institu- 10 tion, and shall report such information to the division. The court shall 11 give one copy of the form to the sex offender and shall send two copies 12 to the division which shall forward the information to the law enforce- 13 ment agencies having jurisdiction. The court shall also notify the 14 district attorney and the sex offender of the date of the determination 15 proceeding to be held pursuant to subdivision three of this section, 16 which shall be held at least forty-five days after such notice is given. 17 This notice shall include the following statement or a substantially 18 similar statement: "This proceeding is being held to determine whether 19 you will be classified as a level 3 offender (risk of repeat offense is 20 high), a level 2 offender (risk of repeat offense is moderate), or a 21 level 1 offender (risk of repeat offense is low), or whether you will be 22 designated as a sexual predator, a sexually violent offender or a predi- 23 cate sex offender, which will determine how long you must register as a 24 sex offender, where you may reside, work or travel, and how much infor- 25 mation can be provided to the public concerning your registration. If 26 you fail to appear at this proceeding, without sufficient excuse, it 27 shall be held in your absence. Failure to appear may result in a longer 28 period of registration or a higher level of community notification 29 because you are not present to offer evidence or contest evidence 30 offered by the district attorney." The court shall also advise the sex 31 offender that he or she has a right to a hearing prior to the court's 32 determination, that he or she has the right to be represented by counsel 33 at the hearing and that counsel will be appointed if he or she is finan- 34 cially unable to retain counsel. If the sex offender applies for assign- 35 ment of counsel to represent him or her at the hearing and counsel was 36 not previously assigned to represent the sex offender in the underlying 37 criminal action, the court shall determine whether the offender is 38 financially unable to retain counsel. If such a finding is made, the 39 court shall assign counsel to represent the sex offender pursuant to 40 article eighteen-B of the county law. Where the court orders a sex 41 offender released on probation, such order must include a provision 42 requiring that he or she comply with the requirements of this article. 43 Where such sex offender violates such provision, probation may be imme- 44 diately revoked in the manner provided by article four hundred ten of 45 the criminal procedure law. 46 3. For sex offenders released on probation or discharged upon payment 47 of a fine, conditional discharge or unconditional discharge, it shall be 48 the duty of the court applying the guidelines established in subdivision 49 five of section one hundred sixty-eight-l of this article to determine 50 the level of notification pursuant to subdivision six of section one 51 hundred sixty-eight-l of this article and whether such sex offender 52 shall be designated a sexual predator, sexually violent offender, or 53 predicate sex offender as defined in subdivision seven of section one 54 hundred sixty-eight-a of this article. At least fifteen days prior to 55 the determination proceeding, the district attorney shall provide to the 56 court and the sex offender a written statement setting forth the deter-A. 564 3 1 minations sought by the district attorney together with the reasons for 2 seeking such determinations. The court shall allow the sex offender to 3 appear and be heard. The state shall appear by the district attorney, or 4 his or her designee, who shall bear the burden of proving the facts 5 supporting the determinations sought by clear and convincing evidence. 6 Where there is a dispute between the parties concerning the determi- 7 nations, the court shall adjourn the hearing as necessary to permit the 8 sex offender or the district attorney to obtain materials relevant to 9 the determinations from any state or local facility, hospital, institu- 10 tion, office, agency, department or division. Such materials may be 11 obtained by subpoena if not voluntarily provided to the requesting 12 party. In making the determinations, the court shall review any victim's 13 statement and any relevant materials and evidence submitted by the sex 14 offender and the district attorney and the court may consider reliable 15 hearsay evidence submitted by either party provided that it is relevant 16 to the determinations. Facts previously proven at trial or elicited at 17 the time of entry of a plea of guilty shall be deemed established by 18 clear and convincing evidence and shall not be relitigated. The court 19 shall render an order setting forth its determinations and the findings 20 of fact and conclusions of law on which the determinations are based, 21 such order shall also include any conditions that are required to be 22 imposed pursuant to section 65.10 of the penal law. A copy of the order 23 shall be submitted by the court to the division. Upon application of 24 either party, the court shall seal any portion of the court file or 25 record which contains material that is confidential under any state or 26 federal statute. Either party may appeal as of right from the order 27 pursuant to the provisions of articles fifty-five, fifty-six and fifty- 28 seven of the civil practice law and rules. Where counsel has been 29 assigned to represent the sex offender upon the ground that the sex 30 offender is financially unable to retain counsel, that assignment shall 31 be continued throughout the pendency of the appeal, and the person may 32 appeal as a poor person pursuant to article eighteen-B of the county 33 law. 34 § 3. Section 168-f of the correction law is amended by adding a new 35 subdivision 4-a to read as follows: 36 4-a. A sex offender who has established a residence shall not change 37 said residence so as to reside within the area defined as school 38 grounds, as such term is defined in subdivision fourteen of section 39 220.00 of the penal law, or a playground, as such term is defined in 40 subdivision twenty-two of section 10.00 of the penal law, the measure- 41 ments to be taken in straight lines from the center of the nearest 42 entrance of the residence to the real property boundary line comprising 43 such school grounds or playground. 44 § 4. Subdivision 2 of section 168-k of the correction law, as amended 45 by chapter 684 of the laws of 2005, is amended to read as follows: 46 2. The division shall advise the board that the sex offender has 47 established residence in this state. The board shall determine whether 48 the sex offender is required to register with the division. If it is 49 determined that the sex offender is required to register, the division 50 shall notify the sex offender of his or her duty to register under this 51 article and shall require the sex offender to sign a form as may be 52 required by the division acknowledging that the duty to register and the 53 procedure for registration has been explained to the sex offender. The 54 division shall obtain on such form the address where the sex offender 55 expects to reside within the state and the sex offender shall retain one 56 copy of the form and send two copies to the division which shall provideA. 564 4 1 the information to the law enforcement agency having jurisdiction where 2 the sex offender expects to reside within this state. No later than 3 thirty days prior to the board making a recommendation, the sex offender 4 shall be notified that his or her case is under review and that he or 5 she is permitted to submit to the board any information relevant to the 6 review. After reviewing any information obtained, and applying the 7 guidelines established in subdivision five of section one hundred 8 sixty-eight-l of this article, the board shall within sixty calendar 9 days make a recommendation regarding the level of notification pursuant 10 to subdivision six of section one hundred sixty-eight-l of this article 11 and whether such sex offender shall be designated a sexual predator, 12 sexually violent offender, or predicate sex offender as defined in 13 subdivision seven of section one hundred sixty-eight-a of this article. 14 This recommendation shall be confidential and shall not be available for 15 public inspection. It shall be submitted by the board to the county 16 court or supreme court and to the district attorney in the county of 17 residence of the sex offender and to the sex offender. It shall be the 18 duty of the county court or supreme court in the county of residence of 19 the sex offender, applying the guidelines established in subdivision 20 five of section one hundred sixty-eight-l of this article, to determine 21 the level of notification pursuant to subdivision six of section one 22 hundred sixty-eight-l of this article and whether such sex offender 23 shall be designated a sexual predator, sexually violent offender, or 24 predicate sex offender as defined in subdivision seven of section one 25 hundred sixty-eight-a of this article. At least thirty days prior to the 26 determination proceeding, such court shall notify the district attorney 27 and the sex offender, in writing, of the date of the determination 28 proceeding and the court shall also provide the district attorney and 29 sex offender with a copy of the recommendation received from the board 30 and any statement of the reasons for the recommendation received from 31 the board. This notice shall include the following statement or a 32 substantially similar statement: "This proceeding is being held to 33 determine whether you will be classified as a level 3 offender (risk of 34 repeat offense is high), a level 2 offender (risk of repeat offense is 35 moderate), or a level 1 offender (risk of repeat offense is low), or 36 whether you will be designated as a sexual predator, a sexually violent 37 offender or a predicate sex offender, which will determine how long you 38 must register as a sex offender, where you may reside, work or travel, 39 and how much information can be provided to the public concerning your 40 registration. If you fail to appear at this proceeding, without suffi- 41 cient excuse, it shall be held in your absence. Failure to appear may 42 result in a longer period of registration or a higher level of community 43 notification because you are not present to offer evidence or contest 44 evidence offered by the district attorney." The court shall also advise 45 the sex offender that he or she has a right to a hearing prior to the 46 court's determination, that he or she has the right to be represented by 47 counsel at the hearing and that counsel will be appointed if he or she 48 is financially unable to retain counsel. A returnable form shall be 49 enclosed in the court's notice to the sex offender on which the sex 50 offender may apply for assignment of counsel. If the sex offender 51 applies for assignment of counsel and the court finds that the offender 52 is financially unable to retain counsel, the court shall assign counsel 53 to represent the sex offender pursuant to article eighteen-B of the 54 county law. If the district attorney seeks a determination that differs 55 from the recommendation submitted by the board, at least ten days prior 56 to the determination proceeding the district attorney shall provide toA. 564 5 1 the court and the sex offender a statement setting forth the determi- 2 nations sought by the district attorney together with the reasons for 3 seeking such determinations. The court shall allow the sex offender to 4 appear and be heard. The state shall appear by the district attorney, or 5 his or her designee, who shall bear the burden of proving the facts 6 supporting the determinations sought by clear and convincing evidence. 7 It shall be the duty of the court applying the guidelines established in 8 subdivision five of section one hundred sixty-eight-l of this article to 9 determine the level of notification pursuant to subdivision six of 10 section one hundred sixty-eight-l of this article and whether such sex 11 offender shall be designated a sexual predator, sexually violent offen- 12 der, or predicate sex offender as defined in subdivision seven of 13 section one hundred sixty-eight-a of this article. Where there is a 14 dispute between the parties concerning the determinations, the court 15 shall adjourn the hearing as necessary to permit the sex offender or the 16 district attorney to obtain materials relevant to the determinations 17 from the state board of examiners of sex offenders or any state or local 18 facility, hospital, institution, office, agency, department or division. 19 Such materials may be obtained by subpoena if not voluntarily provided 20 to the requesting party. In making the determinations the court shall 21 review any victim's statement and any relevant materials and evidence 22 submitted by the sex offender and the district attorney and the recom- 23 mendation and any material submitted by the board, and may consider 24 reliable hearsay evidence submitted by either party, provided that it is 25 relevant to the determinations. If available, facts proven at trial or 26 elicited at the time of a plea of guilty shall be deemed established by 27 clear and convincing evidence and shall not be relitigated. The court 28 shall render an order setting forth its determinations and the findings 29 of fact and conclusions of law on which the determinations are based, 30 such order shall also include any conditions that are required to be 31 imposed pursuant to section 65.10 of the penal law. A copy of the order 32 shall be submitted by the court to the division. Upon application of 33 either party, the court shall seal any portion of the court file or 34 record which contains material that is confidential under any state or 35 federal statute. Either party may appeal as of right from the order 36 pursuant to the provisions of articles fifty-five, fifty-six and fifty- 37 seven of the civil practice law and rules. Where counsel has been 38 assigned to represent the sex offender upon the ground that the sex 39 offender is financially unable to retain counsel, that assignment shall 40 be continued throughout the pendency of the appeal, and the person may 41 appeal as a poor person pursuant to article eighteen-B of the county 42 law. 43 § 5. Subdivision 3 of section 168-n of the correction law, as amended 44 by chapter 684 of the laws of 2005, is amended to read as follows: 45 3. No later than thirty days prior to the board's recommendation, the 46 sex offender shall be notified that his or her case is under review and 47 that he or she is permitted to submit to the board any information rele- 48 vant to the review. Upon receipt of the board's recommendation, the 49 sentencing court shall determine whether the sex offender was previously 50 found to be eligible for assigned counsel in the underlying case. Where 51 such a finding was previously made, the court shall assign counsel to 52 represent the offender, pursuant to article eighteen-B of the county 53 law. At least twenty days prior to the determination proceeding, the 54 sentencing court shall notify the district attorney, the sex offender 55 and the sex offender's counsel, in writing, of the date of the determi- 56 nation proceeding and shall also provide the district attorney, the sexA. 564 6 1 offender and the sex offender's counsel with a copy of the recommenda- 2 tion received from the board and any statement of the reasons for the 3 recommendation received from the board. This notice shall include the 4 following statement or a substantially similar statement: "This 5 proceeding is being held to determine whether you will be classified as 6 a level 3 offender (risk of repeat offense is high), a level 2 offender 7 (risk of repeat offense is moderate), or a level 1 offender (risk of 8 repeat offense is low), or whether you will be designated as a sexual 9 predator, a sexually violent offender or a predicate sex offender, which 10 will determine how long you must register as a sex offender, where you 11 may reside, work or travel, and how much information can be provided to 12 the public concerning your registration. If you fail to appear at this 13 proceeding, without sufficient excuse, it shall be held in your absence. 14 Failure to appear may result in a longer period of registration or a 15 higher level of community notification because you are not present to 16 offer evidence or contest evidence offered by the district attorney." 17 The written notice to the sex offender shall also advise the offender 18 that he or she has a right to a hearing prior to the court's determi- 19 nation, and that he or she has the right to be represented by counsel at 20 the hearing. If counsel has been assigned to represent the offender at 21 the determination proceeding, the notice shall also provide the name, 22 address and telephone number of the assigned counsel. Where counsel has 23 not been assigned, the notice shall advise the sex offender that counsel 24 will be appointed if he or she is financially unable to retain counsel, 25 and a returnable form shall be enclosed in the court's notice to the sex 26 offender on which the sex offender may apply for assignment of counsel. 27 If the sex offender applies for assignment of counsel and the court 28 finds that the offender is financially unable to retain counsel, the 29 court shall assign counsel to represent the sex offender pursuant to 30 article eighteen-B of the county law. If the district attorney seeks a 31 determination that differs from the recommendation submitted by the 32 board, at least ten days prior to the determination proceeding the 33 district attorney shall provide to the court and the sex offender a 34 statement setting forth the determinations sought by the district attor- 35 ney together with the reasons for seeking such determinations. The court 36 shall allow the sex offender to appear and be heard. The state shall 37 appear by the district attorney, or his or her designee, who shall bear 38 the burden of proving the facts supporting the determinations sought by 39 clear and convincing evidence. Where there is a dispute between the 40 parties concerning the determinations, the court shall adjourn the hear- 41 ing as necessary to permit the sex offender or the district attorney to 42 obtain materials relevant to the determinations from the state board of 43 examiners of sex offenders or any state or local facility, hospital, 44 institution, office, agency, department or division. Such materials may 45 be obtained by subpoena if not voluntarily provided to the requesting 46 party. In making the determinations the court shall review any victim's 47 statement and any relevant materials and evidence submitted by the sex 48 offender and the district attorney and the recommendation and any mate- 49 rials submitted by the board, and may consider reliable hearsay evidence 50 submitted by either party, provided that it is relevant to the determi- 51 nations. Facts previously proven at trial or elicited at the time of 52 entry of a plea of guilty shall be deemed established by clear and 53 convincing evidence and shall not be relitigated. The court shall render 54 an order setting forth its determinations and the findings of fact and 55 conclusions of law on which the determinations are based, such order 56 shall also include any conditions that are required to be imposed pursu-A. 564 7 1 ant to section 65.10 of the penal law. A copy of the order shall be 2 submitted by the court to the division. Upon application of either 3 party, the court shall seal any portion of the court file or record 4 which contains material that is confidential under any state or federal 5 statute. Either party may appeal as of right from the order pursuant to 6 the provisions of articles fifty-five, fifty-six and fifty-seven of the 7 civil practice law and rules. Where counsel has been assigned to repre- 8 sent the sex offender upon the ground that the sex offender is finan- 9 cially unable to retain counsel, that assignment shall be continued 10 throughout the pendency of the appeal, and the person may appeal as a 11 poor person pursuant to article eighteen-B of the county law. 12 § 6. Subdivision 1 of section 203 of the correction law, as added by 13 section 32 of subpart A of part C of chapter 62 of the laws of 2011, is 14 amended to read as follows: 15 1. The commissioner shall promulgate rules and regulations that shall 16 include guidelines and procedures on the placement of sex offenders 17 designated as level two or level three offenders pursuant to article 18 six-C of this chapter, provided that such guidelines and procedures 19 shall prohibit the placement of such sex offenders within the area 20 defined as school grounds, as such term is defined in subdivision four- 21 teen of section 220.00 of the penal law, or a playground, as such term 22 is defined in subdivision twenty-two of section 10.00 of the penal law. 23 Such regulations shall provide instruction on certain factors to be 24 considered when investigating and approving the residence of level two 25 or level three sex offenders released on presumptive release, parole, 26 conditional release or post-release supervision. Such factors shall 27 include the following: 28 (a) the location of other sex offenders required to register under the 29 sex offender registration act, specifically whether there is a concen- 30 tration of registered sex offenders in a certain residential area or 31 municipality; 32 (b) the number of registered sex offenders residing at a particular 33 property; 34 (c) the proximity of entities with vulnerable populations; 35 (d) accessibility to family members, friends or other supportive 36 services, including, but not limited to, locally available sex offender 37 treatment programs with preference for placement of such individuals 38 into programs that have demonstrated effectiveness in reducing sex 39 offender recidivism and increasing public safety; and 40 (e) the availability of permanent, stable housing in order to reduce 41 the likelihood that such offenders will be transient. 42 § 7. The correction law is amended by adding a new section 209 to read 43 as follows: 44 § 209. Regulations for release of sex offenders designated as level 45 one offenders. The commissioner shall promulgate rules and regulations 46 that shall include guidelines and procedures on the placement of sex 47 offenders designated as level one sexual predators, sexually violent 48 offenders, or predicate sex offenders pursuant to article six-C of this 49 chapter and the victim of the offense for which such designation was 50 received was under the age of eighteen at the time of such offense, 51 provided that such guidelines and procedures shall prohibit the place- 52 ment of such sex offenders within any school grounds, as such term is 53 defined in subdivision fourteen of section 220.00 of the penal law, or a 54 playground, as such term is defined in subdivision twenty-two of section 55 10.00 of the penal law.A. 564 8 1 § 8. Subdivision 14 of section 259-c of the executive law, as amended 2 by section 38-b of subpart A of part C of chapter 62 of the laws of 3 2011, is amended to read as follows: 4 14. notwithstanding any other provision of law to the contrary, where 5 a person serving a sentence for an offense defined in article one 6 hundred thirty, one hundred thirty-five or two hundred sixty-three of 7 the penal law or section 255.25, 255.26 or 255.27 of the penal law and 8 the victim of such offense was under the age of eighteen at the time of 9 such offense or such person has been designated a level two or level 10 three sex offender pursuant to subdivision six of section one hundred 11 sixty-eight-l of the correction law, is released on parole or condi- 12 tionally released pursuant to subdivision one or two of this section, 13 the board shall require, as a mandatory condition of such release, that 14 such sentenced offender shall refrain from knowingly entering into or 15 upon any school grounds, as that term is defined in subdivision fourteen 16 of section 220.00 of the penal law, [or] any other facility or institu- 17 tion primarily used for the care or treatment of persons under the age 18 of eighteen while one or more of such persons under the age of eighteen 19 are present, or any playground, as that term is defined in subdivision 20 twenty-two of section 10.00 of the penal law, provided however, that 21 when such sentenced offender is a registered student or participant or 22 an employee of such facility or institution or entity contracting there- 23 with or has a family member enrolled in such facility or institution, 24 such sentenced offender may, with the written authorization of his or 25 her parole officer and the superintendent or chief administrator of such 26 facility, institution or grounds, enter such facility, institution or 27 upon such grounds for the limited purposes authorized by the parole 28 officer and superintendent or chief officer. Nothing in this subdivi- 29 sion shall be construed as restricting any lawful condition of super- 30 vision that may be imposed on such sentenced offender. 31 § 9. Subdivision 4 of section 243 of the executive law, as added by 32 chapter 568 of the laws of 2008 and the opening paragraph as amended by 33 section 17 of part A of chapter 56 of the laws of 2010, is amended to 34 read as follows: 35 4. The office shall recommend to the commissioner rules and regu- 36 lations which shall include guidelines and procedures on the placement 37 of sex offenders designated as level two or level three offenders pursu- 38 ant to article six-C of the correction law, provided that such recom- 39 mended rules and regulations shall prohibit the placement of such sex 40 offenders within the area defined as school grounds, as such term is 41 defined in subdivision fourteen of section 220.00 of the penal law, or a 42 playground, as such term is defined in subdivision twenty-two of section 43 10.00 of the penal law. Such regulations shall instruct local probation 44 departments to consider certain factors when investigating and approving 45 the residence of level two or level three sex offenders sentenced to a 46 period of probation. Such factors shall include the following: 47 (a) the location of other sex offenders required to register under the 48 sex offender registration act, specifically whether there is a concen- 49 tration of registered sex offenders in a certain residential area or 50 municipality; 51 (b) the number of registered sex offenders residing at a particular 52 property; 53 (c) the proximity of entities with vulnerable populations; 54 (d) accessibility to family members, friends or other supportive 55 services, including but not limited to locally available sex offender 56 treatment programs with preference for placement of such individualsA. 564 9 1 into programs that have demonstrated effectiveness in reducing sex 2 offender recidivism and increasing public safety; and 3 (e) the availability of permanent, stable housing in order to reduce 4 the likelihood that such offenders will be transient. 5 § 10. Subdivision (a) of section 10.11 of the mental hygiene law, as 6 added by chapter 7 of the laws of 2007, paragraphs 1 and 2 as amended by 7 section 118-e of subpart B of part C of chapter 62 of the laws of 2011, 8 is amended to read as follows: 9 (a) (1) Before ordering the release of a person to a regimen of strict 10 and intensive supervision and treatment pursuant to this article, the 11 court shall order that the department of corrections and community 12 supervision recommend supervision requirements to the court. These 13 supervision requirements, which shall be developed in consultation with 14 the commissioner, shall include a prohibition against knowingly entering 15 into or upon any school grounds, as that term is defined in subdivision 16 fourteen of section 220.00 of the penal law, any other facility or 17 institution primarily used for the care or treatment of persons under 18 the age of eighteen while one or more of such persons under the age of 19 eighteen are present, or a playground, as such term is defined in subdi- 20 vision twenty-two of section 10.00 of the penal law, and may include but 21 need not be limited to, electronic monitoring or global positioning 22 satellite tracking for an appropriate period of time, polygraph monitor- 23 ing, specification of residence or type or residence, prohibition of 24 contact with identified past or potential victims, strict and intensive 25 supervision by a parole officer, and any other lawful and necessary 26 conditions that may be imposed by a court. In addition, after consulta- 27 tion with the psychiatrist, psychologist or other professional primarily 28 treating the respondent, the commissioner shall recommend a specific 29 course of treatment. A copy of the recommended requirements for super- 30 vision and treatment shall be given to the attorney general and the 31 respondent and his or her counsel a reasonable time before the court 32 issues its written order pursuant to this section. 33 (2) Before issuing its written order, the court shall afford the 34 parties an opportunity to be heard, and shall consider any additional 35 submissions by the respondent and the attorney general concerning the 36 proposed conditions of the regimen of strict and intensive supervision 37 and treatment. The court shall issue an order specifying the conditions 38 of the regimen of strict and intensive supervision and treatment, which 39 shall include a condition that the respondent shall refrain from know- 40 ingly entering into or upon any school grounds, as that term is defined 41 in subdivision fourteen of section 220.00 of the penal law, any other 42 facility or institution primarily used for the care or treatment of 43 persons under the age of eighteen while one or more of such persons 44 under the age of eighteen are present, or a playground, as such term is 45 defined in subdivision twenty-two of section 10.00 of the penal law, 46 specified supervision requirements and compliance with a specified 47 course of treatment. A written statement of the conditions of the regi- 48 men of strict and intensive supervision and treatment shall be given to 49 the respondent and to his or her counsel, any designated service provid- 50 ers or treating professionals, the commissioner, the attorney general 51 and the supervising parole officer. The court shall require the depart- 52 ment of corrections and community supervision to take appropriate 53 actions to implement the supervision plan and assure compliance with the 54 conditions of the regimen of strict and intensive supervision and treat- 55 ment and to investigate and approve the location of the respondent's 56 residence. A regimen of strict and intensive supervision does not tollA. 564 10 1 the running of any form of supervision in criminal cases, including but 2 not limited to post-release supervision and parole. 3 § 11. Section 10.00 of the penal law is amended by adding a new subdi- 4 vision 22 to read as follows: 5 22. "Playground" means (a) in or within any building, structure, play- 6 ing field, or land contained within the boundary of land owned, leased 7 or maintained by the state or any agency or municipality thereof or by 8 any not-for-profit corporation, corporation or association that is used 9 on a regular basis as a recreation area for children and is so desig- 10 nated, or (b) any area accessible to the public located within one thou- 11 sand feet of the perimeter of any such playground or any parked automo- 12 bile or other parked vehicle located within one thousand feet of the 13 real property boundary line comprising any such playground. For the 14 purposes of this section an "area accessible to the public" shall mean 15 sidewalks, streets, parking lots, parks, stores and restaurants. 16 § 12. Paragraph (a) of subdivision 4-a of section 65.10 of the penal 17 law, as amended by chapter 67 of the laws of 2008, is amended to read as 18 follows: 19 (a) When imposing a sentence of probation or conditional discharge 20 upon a person convicted of an offense defined in article one hundred 21 thirty, two hundred thirty-five or two hundred sixty-three of this chap- 22 ter, or section 255.25, 255.26 or 255.27 of this chapter, and the victim 23 of such offense was under the age of eighteen at the time of such 24 offense or such person has been designated a level two or level three 25 sex offender pursuant to subdivision six of section [168-l] one hundred 26 sixty-eight-l of the correction law, the court shall require, as a 27 mandatory condition of such sentence, that such sentenced offender shall 28 refrain from knowingly entering into or upon any school grounds, as that 29 term is defined in subdivision fourteen of section 220.00 of this chap- 30 ter, [or] any other facility or institution primarily used for the care 31 or treatment of persons under the age of eighteen while one or more of 32 such persons under the age of eighteen are present, or any playground, 33 as that term is defined in subdivision twenty-two of section 10.00 of 34 this chapter, provided however, that when such sentenced offender is a 35 registered student or participant or an employee of such facility or 36 institution or entity contracting therewith or has a family member 37 enrolled in such facility or institution, such sentenced offender may, 38 with the written authorization of his or her probation officer or the 39 court and the superintendent or chief administrator of such facility, 40 institution or grounds, enter such facility, institution or upon such 41 grounds for the limited purposes authorized by the probation officer or 42 the court and superintendent or chief officer. Nothing in this subdivi- 43 sion shall be construed as restricting any lawful condition of super- 44 vision that may be imposed on such sentenced offender. 45 § 13. Subdivision 8 of section 20 of the social services law, as 46 amended by section 150 of subpart B of part C of chapter 62 of the laws 47 of 2011, is amended to read as follows: 48 8. (a) The office of temporary and disability assistance shall promul- 49 gate rules and regulations for the administration of this subdivision. 50 The rules and regulations shall provide for the conditions under which 51 local social services officials determine the placement of applicants 52 for and recipients of public assistance for whom a notice pursuant to 53 section two hundred three of the correction law[,] has been received and 54 who are: 55 (i) determined to be in immediate need of shelter; andA. 564 11 1 (ii) designated a level two or level three sex offender pursuant to 2 article six-C of the correction law. 3 (b) When making determinations in regard to the placement of such 4 individuals in shelter, local social services officials shall not place 5 such individuals within the area defined as school grounds, as such term 6 is defined in subdivision fourteen of section 220.00 of the penal law, 7 or a playground, as such term is defined in subdivision twenty-two of 8 section 10.00 of the penal law, and shall consider the following 9 factors: 10 (i) the location of other sex offenders required to register pursuant 11 to the sex offender registration act, specifically whether there is a 12 concentration of registered sex offenders in a certain residential area 13 or municipality; 14 (ii) the number of registered sex offenders residing at a particular 15 property; 16 (iii) proximity of the entities with vulnerable populations; 17 (iv) accessibility to family members, friends or other supportive 18 services, including but not limited to locally available sex offender 19 treatment programs with preference for placement of such individuals 20 into programs that have demonstrated effectiveness in reducing sex 21 offender recidivism and increasing public safety; and 22 (v) investigation and approval of such placement by the department of 23 corrections and community supervision. 24 § 14. This act shall take effect on the first of November next 25 succeeding the date on which it shall have become a law.
