Establishes additional restrictions on the parole and relocation of sex offenders

Summary of specific provisions

Section 1: Amends Correction Law section 168-1(5) (c) to require the Board of Examiners of Sex Offenders in establishing their criteria for classifying sexual offenders and their ultimate release to consider the existence of provisions to minimize the number of such individuals placed within one residential areas of a municipality that already contain s a high concentration of or portion of one municipality.

Section 2: Adds a new section 168-11 to the correction law directing the Division of Criminal Justice Services, in consultation and cooperation with the Sex Offender Board of Examiners, Division of Parole, Department of Mental Hygiene and local probation departments throughout the state to develop guidelines regarding the placement, location, relocation or settlement of Level 2 and Level 3 sex offenders in our communities for the purpose of minimizing the number of sex offenders placed within a residential area or an area that already contains a high concentration of sex offenders. These guidelines/procedures shall include but not be limited to: (1) allowing municipalities to reject the placement of additional level 2 and level 3 sex offenders in their communities. Factors to be considered when making this determination shall include (a) that such individuals are not currently overly concentrated in residential areas of one municipality or portion of a municipality; (b) all efforts are being made to locate such individuals in areas that have adequate support services to minimize the risk of re-offense; (c) that family and friends are located reasonably close to such individuals to provide financial, psychological, social, and moral support to such individuals in order to minimize the risk of re-offense; and (d) measures are taken to ensure that such individuals are placed in communities that can physically accommodate such individuals and that such individuals are not located near re-offense risk centers, including, but not limited to, schools, day care centers, playgrounds, or any other facility or area that attracts children or in which children congregate; (2) permitting a

municipality to allow or reject the establishment of a secure community residence in its community; and (3) allowing municipalities to limit the number of level 2 and level 3 sex offenders to one per address.

Section 3: Effective date.

Justification

This measure would help prevent high concentrations of sex offenders from being placed in anyone particular community. Municipalities would be authorized to accept or reject the placement of additional high-risk level 2 and level 3 sex offenders within their communities based upon guidelines established by DCJS and other appropriate state agencies. Under the bill. areas where such offenders could be placed would be required to provide the necessary support and services to reduce the likelihood of re-offense and not in close proximity to areas where children congregate.

The state Division of Parole, by design, will place several sex offenders in one facility. believing it is effective to keep them in one place for monitoring purposes. However, this policy is causing great concern and instilling fear in nearby residents. especially those with small children. This bill allows municipalities to reject the establishment of a secure community residence as well as limit the number of sex offenders living in one residence to one per address.

Prior legislative history

2008: A.5548; Held for consideration in correction 2007: A.5548; Referred to correction 2006: A.9428; Held in Correction

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect immediately.