Bill Text: NY A01477 | 2019-2020 | General Assembly | Amended

Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Introduced) 2019-04-08 - print number 1477a [A01477 Detail]

Download: New_York-2019-A01477-Amended.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 15, 2019
          FANO, SMULLEN, GIGLIO, STEC -- Multi-Sponsored by -- M. of A. GRIFFIN,
          HAWLEY, KOLB, RA, WALSH -- read once and referred to the Committee  on
          Mental Health -- committee discharged, bill amended, ordered reprinted
          as amended and recommitted to said committee
        AN  ACT  to  amend  the  mental hygiene law, in relation to placement of
          registered sex offenders by the office for people  with  developmental
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The mental hygiene law is amended by adding a  new  section
     2  13.38-a to read as follows:
     3  § 13.38-a Placement of registered sex offenders.
     4    1.  For  purposes  of this section, the term "registered sex offender"
     5  shall mean all registered sex offenders pursuant to article six-C of the
     6  correction law, except for a level one sex offender  who  has  not  been
     7  designated as a sexual predator, a sexually violent offender, or a pred-
     8  icate sex offender.
     9    2.  The  office  shall  designate  specific residential placements for
    10  individuals with  developmental  disabilities  who  are  registered  sex
    11  offenders.  The  office  shall determine how many residential placements
    12  for individuals who  are  registered  sex  offenders  are  necessary  to
    13  provide  adequate services to such individuals and shall ensure that the
    14  location of such residential  placements  are  geographically  disbursed
    15  throughout the state.
    16    3. Notwithstanding any inconsistent provision of law, the office shall
    17  not  permit or cause the placement of any registered sex offender in any
    18  residential placement other  than  specifically  designated  residential
    19  placements  for  registered sex offenders as provided in subdivision one
    20  of this section.  Provided, however, this subdivision shall not apply to
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 1477--A                          2
     1  registered sex offenders who have already been  successfully  placed  by
     2  the office in a residential placement for individuals with developmental
     3  disabilities.
     4    4.  The  office  shall  develop  a staffing model for such residential
     5  placements for registered sex offenders which shall include,  but  shall
     6  not  be  limited to, an adequate staff to resident ratio and appropriate
     7  training, to ensure the safety and well-being of the residents.
     8    5. Transitional care provided to such registered  sex  offenders  with
     9  developmental disabilities shall include outreach by the office to local
    10  law enforcement.
    11    § 2. This act shall take effect on the one hundred eightieth day after
    12  it shall have become a law.