Bill Text: NY S03114 | 2019-2020 | 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 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S03114 Detail]

Download: New_York-2019-S03114-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3114
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 4, 2019
                                       ___________
        Introduced  by  Sen. HELMING -- 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 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.
                                                                   LBD04937-01-9
        S. 3114                             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.