Bill Text: NY S01955 | 2019-2020 | General Assembly | Introduced
Bill Title: Restricts a registered sex offender from residing within 1000 feet of school grounds or a playground.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S01955 Detail]
Download: New_York-2019-S01955-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1955 2019-2020 Regular Sessions IN SENATE January 18, 2019 ___________ Introduced by Sen. SKOUFIS -- 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 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 20 convicted. At the time sentence is imposed, such sex offender shall 21 register with the division on a form prepared by the division. The court 22 shall require the sex offender to read and sign such form and to 23 complete the registration portion of such form. The court shall on such EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02929-01-9S. 1955 2 1 form obtain the address where the sex offender expects to reside upon 2 his or her release, and the name and address of any institution of high- 3 er education he or she expects to be employed by, enrolled in, attending 4 or employed, whether for compensation or not, and whether he or she 5 expects to reside in a facility owned or operated by such an institu- 6 tion, and shall report such information to the division. The court shall 7 give one copy of the form to the sex offender and shall send two copies 8 to the division which shall forward the information to the law enforce- 9 ment agencies having jurisdiction. The court shall also notify the 10 district attorney and the sex offender of the date of the determination 11 proceeding to be held pursuant to subdivision three of this section, 12 which shall be held at least forty-five days after such notice is given. 13 This notice shall include the following statement or a substantially 14 similar statement: "This proceeding is being held to determine whether 15 you will be classified as a level 3 offender (risk of repeat offense is 16 high), a level 2 offender (risk of repeat offense is moderate), or a 17 level 1 offender (risk of repeat offense is low), or whether you will be 18 designated as a sexual predator, a sexually violent offender or a predi- 19 cate sex offender, which will determine how long you must register as a 20 sex offender, where you may reside, work or travel, and how much infor- 21 mation can be provided to the public concerning your registration. If 22 you fail to appear at this proceeding, without sufficient excuse, it 23 shall be held in your absence. Failure to appear may result in a longer 24 period of registration or a higher level of community notification 25 because you are not present to offer evidence or contest evidence 26 offered by the district attorney." The court shall also advise the sex 27 offender that he or she has a right to a hearing prior to the court's 28 determination, that he or she has the right to be represented by counsel 29 at the hearing and that counsel will be appointed if he or she is finan- 30 cially unable to retain counsel. If the sex offender applies for assign- 31 ment of counsel to represent him or her at the hearing and counsel was 32 not previously assigned to represent the sex offender in the underlying 33 criminal action, the court shall determine whether the offender is 34 financially unable to retain counsel. If such a finding is made, the 35 court shall assign counsel to represent the sex offender pursuant to 36 article eighteen-B of the county law. Where the court orders a sex 37 offender released on probation, such order must include a provision 38 requiring that he or she comply with the requirements of this article. 39 Where such sex offender violates such provision, probation may be imme- 40 diately revoked in the manner provided by article four hundred ten of 41 the criminal procedure law. 42 3. For sex offenders released on probation or discharged upon payment 43 of a fine, conditional discharge or unconditional discharge, it shall be 44 the duty of the court applying the guidelines established in subdivision 45 five of section one hundred sixty-eight-l of this article to determine 46 the level of notification pursuant to subdivision six of section one 47 hundred sixty-eight-l of this article and whether such sex offender 48 shall be designated a sexual predator, sexually violent offender, or 49 predicate sex offender as defined in subdivision seven of section one 50 hundred sixty-eight-a of this article. At least fifteen days prior to 51 the determination proceeding, the district attorney shall provide to the 52 court and the sex offender a written statement setting forth the deter- 53 minations sought by the district attorney together with the reasons for 54 seeking such determinations. The court shall allow the sex offender to 55 appear and be heard. The state shall appear by the district attorney, or 56 his or her designee, who shall bear the burden of proving the factsS. 1955 3 1 supporting the determinations sought by clear and convincing evidence. 2 Where there is a dispute between the parties concerning the determi- 3 nations, the court shall adjourn the hearing as necessary to permit the 4 sex offender or the district attorney to obtain materials relevant to 5 the determinations from any state or local facility, hospital, institu- 6 tion, office, agency, department or division. Such materials may be 7 obtained by subpoena if not voluntarily provided to the requesting 8 party. In making the determinations, the court shall review any victim's 9 statement and any relevant materials and evidence submitted by the sex 10 offender and the district attorney and the court may consider reliable 11 hearsay evidence submitted by either party provided that it is relevant 12 to the determinations. Facts previously proven at trial or elicited at 13 the time of entry of a plea of guilty shall be deemed established by 14 clear and convincing evidence and shall not be relitigated. The court 15 shall render an order setting forth its determinations and the findings 16 of fact and conclusions of law on which the determinations are based, 17 such order shall also include any conditions that are required to be 18 imposed pursuant to section 65.10 of the penal law. A copy of the order 19 shall be submitted by the court to the division. Upon application of 20 either party, the court shall seal any portion of the court file or 21 record which contains material that is confidential under any state or 22 federal statute. Either party may appeal as of right from the order 23 pursuant to the provisions of articles fifty-five, fifty-six and fifty- 24 seven of the civil practice law and rules. Where counsel has been 25 assigned to represent the sex offender upon the ground that the sex 26 offender is financially unable to retain counsel, that assignment shall 27 be continued throughout the pendency of the appeal, and the person may 28 appeal as a poor person pursuant to article eighteen-B of the county 29 law. 30 § 3. Section 168-f of the correction law is amended by adding a new 31 subdivision 4-a to read as follows: 32 4-a. A sex offender who has established a residence shall not change 33 said residence so as to reside within the area defined as school 34 grounds, as such term is defined in subdivision fourteen of section 35 220.00 of the penal law, or a playground, as such term is defined in 36 subdivision twenty-two of section 10.00 of the penal law, the measure- 37 ments to be taken in straight lines from the center of the nearest 38 entrance of the residence to the real property boundary line comprising 39 such school grounds or playground. 40 § 4. Subdivision 2 of section 168-k of the correction law, as amended 41 by chapter 684 of the laws of 2005, is amended to read as follows: 42 2. The division shall advise the board that the sex offender has 43 established residence in this state. The board shall determine whether 44 the sex offender is required to register with the division. If it is 45 determined that the sex offender is required to register, the division 46 shall notify the sex offender of his or her duty to register under this 47 article and shall require the sex offender to sign a form as may be 48 required by the division acknowledging that the duty to register and the 49 procedure for registration has been explained to the sex offender. The 50 division shall obtain on such form the address where the sex offender 51 expects to reside within the state and the sex offender shall retain one 52 copy of the form and send two copies to the division which shall provide 53 the information to the law enforcement agency having jurisdiction where 54 the sex offender expects to reside within this state. No later than 55 thirty days prior to the board making a recommendation, the sex offender 56 shall be notified that his or her case is under review and that he orS. 1955 4 1 she is permitted to submit to the board any information relevant to the 2 review. After reviewing any information obtained, and applying the 3 guidelines established in subdivision five of section one hundred 4 sixty-eight-l of this article, the board shall within sixty calendar 5 days make a recommendation regarding the level of notification pursuant 6 to subdivision six of section one hundred sixty-eight-l of this article 7 and whether such sex offender shall be designated a sexual predator, 8 sexually violent offender, or predicate sex offender as defined in 9 subdivision seven of section one hundred sixty-eight-a of this article. 10 This recommendation shall be confidential and shall not be available for 11 public inspection. It shall be submitted by the board to the county 12 court or supreme court and to the district attorney in the county of 13 residence of the sex offender and to the sex offender. It shall be the 14 duty of the county court or supreme court in the county of residence of 15 the sex offender, applying the guidelines established in subdivision 16 five of section one hundred sixty-eight-l of this article, to determine 17 the level of notification pursuant to subdivision six of section one 18 hundred sixty-eight-l of this article and whether such sex offender 19 shall be designated a sexual predator, sexually violent offender, or 20 predicate sex offender as defined in subdivision seven of section one 21 hundred sixty-eight-a of this article. At least thirty days prior to the 22 determination proceeding, such court shall notify the district attorney 23 and the sex offender, in writing, of the date of the determination 24 proceeding and the court shall also provide the district attorney and 25 sex offender with a copy of the recommendation received from the board 26 and any statement of the reasons for the recommendation received from 27 the board. This notice shall include the following statement or a 28 substantially similar statement: "This proceeding is being held to 29 determine whether you will be classified as a level 3 offender (risk of 30 repeat offense is high), a level 2 offender (risk of repeat offense is 31 moderate), or a level 1 offender (risk of repeat offense is low), or 32 whether you will be designated as a sexual predator, a sexually violent 33 offender or a predicate sex offender, which will determine how long you 34 must register as a sex offender, where you may reside, work or travel, 35 and how much information can be provided to the public concerning your 36 registration. If you fail to appear at this proceeding, without suffi- 37 cient excuse, it shall be held in your absence. Failure to appear may 38 result in a longer period of registration or a higher level of community 39 notification because you are not present to offer evidence or contest 40 evidence offered by the district attorney." The court shall also advise 41 the sex offender that he or she has a right to a hearing prior to the 42 court's determination, that he or she has the right to be represented by 43 counsel at the hearing and that counsel will be appointed if he or she 44 is financially unable to retain counsel. A returnable form shall be 45 enclosed in the court's notice to the sex offender on which the sex 46 offender may apply for assignment of counsel. If the sex offender 47 applies for assignment of counsel and the court finds that the offender 48 is financially unable to retain counsel, the court shall assign counsel 49 to represent the sex offender pursuant to article eighteen-B of the 50 county law. If the district attorney seeks a determination that differs 51 from the recommendation submitted by the board, at least ten days prior 52 to the determination proceeding the district attorney shall provide to 53 the court and the sex offender a statement setting forth the determi- 54 nations sought by the district attorney together with the reasons for 55 seeking such determinations. The court shall allow the sex offender to 56 appear and be heard. The state shall appear by the district attorney, orS. 1955 5 1 his or her designee, who shall bear the burden of proving the facts 2 supporting the determinations sought by clear and convincing evidence. 3 It shall be the duty of the court applying the guidelines established in 4 subdivision five of section one hundred sixty-eight-l of this article to 5 determine the level of notification pursuant to subdivision six of 6 section one hundred sixty-eight-l of this article and whether such sex 7 offender shall be designated a sexual predator, sexually violent offen- 8 der, or predicate sex offender as defined in subdivision seven of 9 section one hundred sixty-eight-a of this article. Where there is a 10 dispute between the parties concerning the determinations, the court 11 shall adjourn the hearing as necessary to permit the sex offender or the 12 district attorney to obtain materials relevant to the determinations 13 from the state board of examiners of sex offenders or any state or local 14 facility, hospital, institution, office, agency, department or division. 15 Such materials may be obtained by subpoena if not voluntarily provided 16 to the requesting party. In making the determinations the court shall 17 review any victim's statement and any relevant materials and evidence 18 submitted by the sex offender and the district attorney and the recom- 19 mendation and any material submitted by the board, and may consider 20 reliable hearsay evidence submitted by either party, provided that it is 21 relevant to the determinations. If available, facts proven at trial or 22 elicited at the time of a plea of guilty shall be deemed established by 23 clear and convincing evidence and shall not be relitigated. The court 24 shall render an order setting forth its determinations and the findings 25 of fact and conclusions of law on which the determinations are based, 26 such order shall also include any conditions that are required to be 27 imposed pursuant to section 65.10 of the penal law. A copy of the order 28 shall be submitted by the court to the division. Upon application of 29 either party, the court shall seal any portion of the court file or 30 record which contains material that is confidential under any state or 31 federal statute. Either party may appeal as of right from the order 32 pursuant to the provisions of articles fifty-five, fifty-six and fifty- 33 seven of the civil practice law and rules. Where counsel has been 34 assigned to represent the sex offender upon the ground that the sex 35 offender is financially unable to retain counsel, that assignment shall 36 be continued throughout the pendency of the appeal, and the person may 37 appeal as a poor person pursuant to article eighteen-B of the county 38 law. 39 § 5. Subdivision 3 of section 168-n of the correction law, as amended 40 by chapter 684 of the laws of 2005, is amended to read as follows: 41 3. No later than thirty days prior to the board's recommendation, the 42 sex offender shall be notified that his or her case is under review and 43 that he or she is permitted to submit to the board any information rele- 44 vant to the review. Upon receipt of the board's recommendation, the 45 sentencing court shall determine whether the sex offender was previously 46 found to be eligible for assigned counsel in the underlying case. Where 47 such a finding was previously made, the court shall assign counsel to 48 represent the offender, pursuant to article eighteen-B of the county 49 law. At least twenty days prior to the determination proceeding, the 50 sentencing court shall notify the district attorney, the sex offender 51 and the sex offender's counsel, in writing, of the date of the determi- 52 nation proceeding and shall also provide the district attorney, the sex 53 offender and the sex offender's counsel with a copy of the recommenda- 54 tion received from the board and any statement of the reasons for the 55 recommendation received from the board. This notice shall include the 56 following statement or a substantially similar statement: "ThisS. 1955 6 1 proceeding is being held to determine whether you will be classified as 2 a level 3 offender (risk of repeat offense is high), a level 2 offender 3 (risk of repeat offense is moderate), or a level 1 offender (risk of 4 repeat offense is low), or whether you will be designated as a sexual 5 predator, a sexually violent offender or a predicate sex offender, which 6 will determine how long you must register as a sex offender, where you 7 may reside, work or travel, and how much information can be provided to 8 the public concerning your registration. If you fail to appear at this 9 proceeding, without sufficient excuse, it shall be held in your absence. 10 Failure to appear may result in a longer period of registration or a 11 higher level of community notification because you are not present to 12 offer evidence or contest evidence offered by the district attorney." 13 The written notice to the sex offender shall also advise the offender 14 that he or she has a right to a hearing prior to the court's determi- 15 nation, and that he or she has the right to be represented by counsel at 16 the hearing. If counsel has been assigned to represent the offender at 17 the determination proceeding, the notice shall also provide the name, 18 address and telephone number of the assigned counsel. Where counsel has 19 not been assigned, the notice shall advise the sex offender that counsel 20 will be appointed if he or she is financially unable to retain counsel, 21 and a returnable form shall be enclosed in the court's notice to the sex 22 offender on which the sex offender may apply for assignment of counsel. 23 If the sex offender applies for assignment of counsel and the court 24 finds that the offender is financially unable to retain counsel, the 25 court shall assign counsel to represent the sex offender pursuant to 26 article eighteen-B of the county law. If the district attorney seeks a 27 determination that differs from the recommendation submitted by the 28 board, at least ten days prior to the determination proceeding the 29 district attorney shall provide to the court and the sex offender a 30 statement setting forth the determinations sought by the district attor- 31 ney together with the reasons for seeking such determinations. The court 32 shall allow the sex offender to appear and be heard. The state shall 33 appear by the district attorney, or his or her designee, who shall bear 34 the burden of proving the facts supporting the determinations sought by 35 clear and convincing evidence. Where there is a dispute between the 36 parties concerning the determinations, the court shall adjourn the hear- 37 ing as necessary to permit the sex offender or the district attorney to 38 obtain materials relevant to the determinations from the state board of 39 examiners of sex offenders or any state or local facility, hospital, 40 institution, office, agency, department or division. Such materials may 41 be obtained by subpoena if not voluntarily provided to the requesting 42 party. In making the determinations the court shall review any victim's 43 statement and any relevant materials and evidence submitted by the sex 44 offender and the district attorney and the recommendation and any mate- 45 rials submitted by the board, and may consider reliable hearsay evidence 46 submitted by either party, provided that it is relevant to the determi- 47 nations. Facts previously proven at trial or elicited at the time of 48 entry of a plea of guilty shall be deemed established by clear and 49 convincing evidence and shall not be relitigated. The court shall render 50 an order setting forth its determinations and the findings of fact and 51 conclusions of law on which the determinations are based, such order 52 shall also include any conditions that are required to be imposed pursu- 53 ant to section 65.10 of the penal law. A copy of the order shall be 54 submitted by the court to the division. Upon application of either 55 party, the court shall seal any portion of the court file or record 56 which contains material that is confidential under any state or federalS. 1955 7 1 statute. Either party may appeal as of right from the order pursuant to 2 the provisions of articles fifty-five, fifty-six and fifty-seven of the 3 civil practice law and rules. Where counsel has been assigned to repre- 4 sent the sex offender upon the ground that the sex offender is finan- 5 cially unable to retain counsel, that assignment shall be continued 6 throughout the pendency of the appeal, and the person may appeal as a 7 poor person pursuant to article eighteen-B of the county law. 8 § 6. Subdivision 1 of section 203 of the correction law, as added by 9 section 32 of subpart A of part C of chapter 62 of the laws of 2011, is 10 amended to read as follows: 11 1. The commissioner shall promulgate rules and regulations that shall 12 include guidelines and procedures on the placement of sex offenders 13 designated as level two or level three offenders pursuant to article 14 six-C of this chapter, provided that such guidelines and procedures 15 shall prohibit the placement of such sex offenders within the area 16 defined as school grounds, as such term is defined in subdivision four- 17 teen of section 220.00 of the penal law, or a playground, as such term 18 is defined in subdivision twenty-two of section 10.00 of the penal law. 19 Such regulations shall provide instruction on certain factors to be 20 considered when investigating and approving the residence of level two 21 or level three sex offenders released on presumptive release, parole, 22 conditional release or post-release supervision. Such factors shall 23 include the following: 24 (a) the location of other sex offenders required to register under the 25 sex offender registration act, specifically whether there is a concen- 26 tration of registered sex offenders in a certain residential area or 27 municipality; 28 (b) the number of registered sex offenders residing at a particular 29 property; 30 (c) the proximity of entities with vulnerable populations; 31 (d) accessibility to family members, friends or other supportive 32 services, including, but not limited to, locally available sex offender 33 treatment programs with preference for placement of such individuals 34 into programs that have demonstrated effectiveness in reducing sex 35 offender recidivism and increasing public safety; and 36 (e) the availability of permanent, stable housing in order to reduce 37 the likelihood that such offenders will be transient. 38 § 7. The correction law is amended by adding a new section 209 to read 39 as follows: 40 § 209. Regulations for release of sex offenders designated as level 41 one offenders. The commissioner shall promulgate rules and regulations 42 that shall include guidelines and procedures on the placement of sex 43 offenders designated as level one sexual predators, sexually violent 44 offenders, or predicate sex offenders pursuant to article six-C of this 45 chapter and the victim of the offense for which such designation was 46 received was under the age of eighteen at the time of such offense, 47 provided that such guidelines and procedures shall prohibit the place- 48 ment of such sex offenders within any school grounds, as such term is 49 defined in subdivision fourteen of section 220.00 of the penal law, or a 50 playground, as such term is defined in subdivision twenty-two of section 51 10.00 of the penal law. 52 § 8. Subdivision 14 of section 259-c of the executive law, as amended 53 by section 38-b of subpart A of part C of chapter 62 of the laws of 54 2011, is amended to read as follows: 55 14. notwithstanding any other provision of law to the contrary, where 56 a person serving a sentence for an offense defined in article oneS. 1955 8 1 hundred thirty, one hundred thirty-five or two hundred sixty-three of 2 the penal law or section 255.25, 255.26 or 255.27 of the penal law and 3 the victim of such offense was under the age of eighteen at the time of 4 such offense or such person has been designated a level two or level 5 three sex offender pursuant to subdivision six of section one hundred 6 sixty-eight-l of the correction law, is released on parole or condi- 7 tionally released pursuant to subdivision one or two of this section, 8 the board shall require, as a mandatory condition of such release, that 9 such sentenced offender shall refrain from knowingly entering into or 10 upon any school grounds, as that term is defined in subdivision fourteen 11 of section 220.00 of the penal law, [or] any other facility or institu- 12 tion primarily used for the care or treatment of persons under the age 13 of eighteen while one or more of such persons under the age of eighteen 14 are present, or any playground, as that term is defined in subdivision 15 twenty-two of section 10.00 of the penal law, provided however, that 16 when such sentenced offender is a registered student or participant or 17 an employee of such facility or institution or entity contracting there- 18 with or has a family member enrolled in such facility or institution, 19 such sentenced offender may, with the written authorization of his or 20 her parole officer and the superintendent or chief administrator of such 21 facility, institution or grounds, enter such facility, institution or 22 upon such grounds for the limited purposes authorized by the parole 23 officer and superintendent or chief officer. Nothing in this subdivi- 24 sion shall be construed as restricting any lawful condition of super- 25 vision that may be imposed on such sentenced offender. 26 § 9. Subdivision 4 of section 243 of the executive law, as added by 27 chapter 568 of the laws of 2008 and the opening paragraph as amended by 28 section 17 of part A of chapter 56 of the laws of 2010, is amended to 29 read as follows: 30 4. The office shall recommend to the commissioner rules and regu- 31 lations which shall include guidelines and procedures on the placement 32 of sex offenders designated as level two or level three offenders pursu- 33 ant to article six-C of the correction law, provided that such recom- 34 mended rules and regulations shall prohibit the placement of such sex 35 offenders within the area defined as school grounds, as such term is 36 defined in subdivision fourteen of section 220.00 of the penal law, or a 37 playground, as such term is defined in subdivision twenty-two of section 38 10.00 of the penal law. Such regulations shall instruct local probation 39 departments to consider certain factors when investigating and approving 40 the residence of level two or level three sex offenders sentenced to a 41 period of probation. Such factors shall include the following: 42 (a) the location of other sex offenders required to register under the 43 sex offender registration act, specifically whether there is a concen- 44 tration of registered sex offenders in a certain residential area or 45 municipality; 46 (b) the number of registered sex offenders residing at a particular 47 property; 48 (c) the proximity of entities with vulnerable populations; 49 (d) accessibility to family members, friends or other supportive 50 services, including but not limited to locally available sex offender 51 treatment programs with preference for placement of such individuals 52 into programs that have demonstrated effectiveness in reducing sex 53 offender recidivism and increasing public safety; and 54 (e) the availability of permanent, stable housing in order to reduce 55 the likelihood that such offenders will be transient.S. 1955 9 1 § 10. Subdivision (a) of section 10.11 of the mental hygiene law, as 2 added by chapter 7 of the laws of 2007, paragraphs 1 and 2 as amended by 3 section 118-e of subpart B of part C of chapter 62 of the laws of 2011, 4 is amended to read as follows: 5 (a) (1) Before ordering the release of a person to a regimen of strict 6 and intensive supervision and treatment pursuant to this article, the 7 court shall order that the department of corrections and community 8 supervision recommend supervision requirements to the court. These 9 supervision requirements, which shall be developed in consultation with 10 the commissioner, shall include a prohibition against knowingly entering 11 into or upon any school grounds, as that term is defined in subdivision 12 fourteen of section 220.00 of the penal law, any other facility or 13 institution primarily used for the care or treatment of persons under 14 the age of eighteen while one or more of such persons under the age of 15 eighteen are present, or a playground, as such term is defined in subdi- 16 vision twenty-two of section 10.00 of the penal law, and may include but 17 need not be limited to, electronic monitoring or global positioning 18 satellite tracking for an appropriate period of time, polygraph monitor- 19 ing, specification of residence or type or residence, prohibition of 20 contact with identified past or potential victims, strict and intensive 21 supervision by a parole officer, and any other lawful and necessary 22 conditions that may be imposed by a court. In addition, after consulta- 23 tion with the psychiatrist, psychologist or other professional primarily 24 treating the respondent, the commissioner shall recommend a specific 25 course of treatment. A copy of the recommended requirements for super- 26 vision and treatment shall be given to the attorney general and the 27 respondent and his or her counsel a reasonable time before the court 28 issues its written order pursuant to this section. 29 (2) Before issuing its written order, the court shall afford the 30 parties an opportunity to be heard, and shall consider any additional 31 submissions by the respondent and the attorney general concerning the 32 proposed conditions of the regimen of strict and intensive supervision 33 and treatment. The court shall issue an order specifying the conditions 34 of the regimen of strict and intensive supervision and treatment, which 35 shall include a condition that the respondent shall refrain from know- 36 ingly entering into or upon any school grounds, as that term is defined 37 in subdivision fourteen of section 220.00 of the penal law, any other 38 facility or institution primarily used for the care or treatment of 39 persons under the age of eighteen while one or more of such persons 40 under the age of eighteen are present, or a playground, as such term is 41 defined in subdivision twenty-two of section 10.00 of the penal law, 42 specified supervision requirements and compliance with a specified 43 course of treatment. A written statement of the conditions of the regi- 44 men of strict and intensive supervision and treatment shall be given to 45 the respondent and to his or her counsel, any designated service provid- 46 ers or treating professionals, the commissioner, the attorney general 47 and the supervising parole officer. The court shall require the depart- 48 ment of corrections and community supervision to take appropriate 49 actions to implement the supervision plan and assure compliance with the 50 conditions of the regimen of strict and intensive supervision and treat- 51 ment and to investigate and approve the location of the respondent's 52 residence. A regimen of strict and intensive supervision does not toll 53 the running of any form of supervision in criminal cases, including but 54 not limited to post-release supervision and parole. 55 § 11. Section 10.00 of the penal law is amended by adding a new subdi- 56 vision 22 to read as follows:S. 1955 10 1 22. "Playground" means (a) in or within any building, structure, play- 2 ing field, or land contained within the boundary of land owned, leased 3 or maintained by the state or any agency or municipality thereof or by 4 any not-for-profit corporation, corporation or association that is used 5 on a regular basis as a recreation area for children and is so desig- 6 nated, or (b) any area accessible to the public located within one thou- 7 sand feet of the perimeter of any such playground or any parked automo- 8 bile or other parked vehicle located within one thousand feet of the 9 real property boundary line comprising any such playground. For the 10 purposes of this section an "area accessible to the public" shall mean 11 sidewalks, streets, parking lots, parks, stores and restaurants. 12 § 12. Paragraph (a) of subdivision 4-a of section 65.10 of the penal 13 law, as amended by chapter 67 of the laws of 2008, is amended to read as 14 follows: 15 (a) When imposing a sentence of probation or conditional discharge 16 upon a person convicted of an offense defined in article one hundred 17 thirty, two hundred thirty-five or two hundred sixty-three of this chap- 18 ter, or section 255.25, 255.26 or 255.27 of this chapter, and the victim 19 of such offense was under the age of eighteen at the time of such 20 offense or such person has been designated a level two or level three 21 sex offender pursuant to subdivision six of section [168-l] one hundred 22 sixty-eight-l of the correction law, the court shall require, as a 23 mandatory condition of such sentence, that such sentenced offender shall 24 refrain from knowingly entering into or upon any school grounds, as that 25 term is defined in subdivision fourteen of section 220.00 of this chap- 26 ter, [or] any other facility or institution primarily used for the care 27 or treatment of persons under the age of eighteen while one or more of 28 such persons under the age of eighteen are present, or any playground, 29 as that term is defined in subdivision twenty-two of section 10.00 of 30 this chapter, provided however, that when such sentenced offender is a 31 registered student or participant or an employee of such facility or 32 institution or entity contracting therewith or has a family member 33 enrolled in such facility or institution, such sentenced offender may, 34 with the written authorization of his or her probation officer or the 35 court and the superintendent or chief administrator of such facility, 36 institution or grounds, enter such facility, institution or upon such 37 grounds for the limited purposes authorized by the probation officer or 38 the court and superintendent or chief officer. Nothing in this subdivi- 39 sion shall be construed as restricting any lawful condition of super- 40 vision that may be imposed on such sentenced offender. 41 § 13. Subdivision 8 of section 20 of the social services law, as 42 amended by section 150 of subpart B of part C of chapter 62 of the laws 43 of 2011, is amended to read as follows: 44 8. (a) The office of temporary and disability assistance shall promul- 45 gate rules and regulations for the administration of this subdivision. 46 The rules and regulations shall provide for the conditions under which 47 local social services officials determine the placement of applicants 48 for and recipients of public assistance for whom a notice pursuant to 49 section two hundred three of the correction law[,] has been received and 50 who are: 51 (i) determined to be in immediate need of shelter; and 52 (ii) designated a level two or level three sex offender pursuant to 53 article six-C of the correction law. 54 (b) When making determinations in regard to the placement of such 55 individuals in shelter, local social services officials shall not place 56 such individuals within the area defined as school grounds, as such termS. 1955 11 1 is defined in subdivision fourteen of section 220.00 of the penal law, 2 or a playground, as such term is defined in subdivision twenty-two of 3 section 10.00 of the penal law, and shall consider the following 4 factors: 5 (i) the location of other sex offenders required to register pursuant 6 to the sex offender registration act, specifically whether there is a 7 concentration of registered sex offenders in a certain residential area 8 or municipality; 9 (ii) the number of registered sex offenders residing at a particular 10 property; 11 (iii) proximity of the entities with vulnerable populations; 12 (iv) accessibility to family members, friends or other supportive 13 services, including but not limited to locally available sex offender 14 treatment programs with preference for placement of such individuals 15 into programs that have demonstrated effectiveness in reducing sex 16 offender recidivism and increasing public safety; and 17 (v) investigation and approval of such placement by the department of 18 corrections and community supervision. 19 § 14. This act shall take effect on the first of November next 20 succeeding the date on which it shall have become a law.
