Bill Text: NY A06294 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to restricting sex offenders from residing in a community residence for the mentally disabled.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced - Dead) 2018-06-04 - held for consideration in correction [A06294 Detail]

Download: New_York-2017-A06294-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6294
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      March 2, 2017
                                       ___________
        Introduced  by M. of A. FINCH -- read once and referred to the Committee
          on Correction
        AN ACT to amend the correction law,  the  mental  hygiene  law  and  the
          social  services  law,  in  relation to restricting sex offenders from
          residing in a community residence for the mentally disabled
          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. No sex offender released or discharged from a correctional facil-
     4  ity, hospital or local correctional  facility  or  placed  on  probation
     5  shall  reside in a community residence as defined in section 1.03 of the
     6  mental hygiene law.
     7    § 2. Section 168-f of the correction law is amended by  adding  a  new
     8  subdivision 4-a to read as follows:
     9    4-a.  A  sex  offender,  after his or her discharge, parole or release
    10  from any correctional facility, hospital or local correctional  facility
    11  or  who has been placed on probation and who has established a residence
    12  shall not change said residence so as to reside in a community residence
    13  facility as defined in section 1.03 of the mental hygiene law.
    14    § 3. Section 168-k of the correction law is amended by  adding  a  new
    15  subdivision 5 to read as follows:
    16    5. A sex offender who has established residence in this state pursuant
    17  to  this section shall not reside in a community residence as defined in
    18  section 1.03 of the mental hygiene law.
    19    § 4. Section 41.44 of the mental hygiene law is amended  by  adding  a
    20  new subdivision (d-1) to read as follows:
    21    (d-1) The commissioner shall deny sex offenders, as defined in section
    22  one  hundred  sixty-eight-a of the correction law, admission to residen-
    23  tial care centers for adults.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00769-01-7
        A. 6294                             2
     1    § 5. Paragraph 1 of subdivision (a) of section  10.11  of  the  mental
     2  hygiene law, as amended by section 118-e of subpart B of part C of chap-
     3  ter 62 of the laws of 2011, is amended to read as follows:
     4    (1) Before ordering the release of a person to a regimen of strict and
     5  intensive  supervision and treatment pursuant to this article, the court
     6  shall order that the department of corrections and community supervision
     7  recommend supervision  requirements  to  the  court.  These  supervision
     8  requirements,  which shall be developed in consultation with the commis-
     9  sioner, may include but need not be limited to, electronic monitoring or
    10  global positioning satellite tracking for an appropriate period of time,
    11  polygraph monitoring, specification of residence or type [or]  of  resi-
    12  dence, prohibition of contact with identified past or potential victims,
    13  strict  and  intensive  supervision  by  a parole officer, and any other
    14  lawful and necessary conditions that may be imposed by a court.   Recom-
    15  mendations  regarding residence or type of residence shall not include a
    16  community residence as defined in section 1.03 of this chapter. In addi-
    17  tion, after consultation with the psychiatrist,  psychologist  or  other
    18  professional  primarily  treating the respondent, the commissioner shall
    19  recommend a specific course of treatment.  A  copy  of  the  recommended
    20  requirements  for supervision and treatment shall be given to the attor-
    21  ney general and the respondent and his or her counsel a reasonable  time
    22  before the court issues its written order pursuant to this section.
    23    § 6. Subdivision 8 of section 20 of the social services law is amended
    24  by adding a new paragraph (c) to read as follows:
    25    (c)  Notwithstanding  paragraph  (b) of this subdivision, local social
    26  services officials shall not place  any  sex  offender,  as  defined  in
    27  section  one hundred sixty-eight-a of the correction law, in a community
    28  residence as defined in section 1.03 of the mental hygiene law.
    29    § 7. This act shall take effect on the ninetieth day  after  it  shall
    30  have become a law.