Requires level 3 sex offenders be subject to lifetime probation and to submit to yearly polygraphic examinations while on parole or probation

Section 2 - adds a new subdivision 7 to section 168-f of the correction law, as amended by chapter 453 of the laws of 1999 to require the submission to an annual polygraph examination as a condition of parole or probation.

Section 3 - adds a new subdivision 4 to section 168-h of the correction law to mandate lifetime probation and to require the submission of a polygraph examination for level three sex offenders.

Section 4 -amends section 168-t of the correction law, as amended by chapter 604 of the laws of 2005 to state failure to submit to a polygraph examination shall be a class A misdemeanor for the first offense and a class D felony for second or subsequent offense and shall be the basis for revocation of parole or probation.

Section 5 - adds a new subdivision 5 to section 60.01 of the penal law to mandate lifetime probation for level three sex offenders.

Section 6 - amends paragraph (d) of subdivision 3 of section 65.00 of the penal law, as amended by chapter 264 of the laws of 2003, and a new paragraph (e) is added to mandate lifetime probation for level three sex offenders.

Section 7 - adds a new section 257-b of the executive law in regard to level three sex offenders. It directs probation officers to provide level three sex offenders under their supervision a statement of the conditions of parole or probation. Including the conditions would be the submission of a polygraph examination and wearing a global positioning device. Every county and the city of New York may adopt a local law requiring the payment of an administrative fee.

Section 8-adds a new paragraph (f) to subdivision 2 of section 259-i of the executive law to require parole officers to administer an annual polygraph examination to any level three sex offender under their supervision and provides the option to require the offender to wear a global positioning device.

Section 9 - contains the effective date.

Justification

The tracking and monitoring of sex offenders, especially level three offenders, is vitally important to our children's safety. This legislation mandates lifetime probation for level three sex offenders and also requires the submission of an annual polygraph exam for level three sex offenders on probation or parole. As a condition of probation, the supervising officer may also require the offender to wear a GPS tracking device. The Capital District Coalition for Sex Offender Management, directed by Dr. Richard Hamill, uses a multi-prong approach to manage sex offenders in their five county region. The coalition routinely uses polygraph testing as a condition of probation and parole and has found it to be an effective tool in reducing the recidivism rate.

More than 30 states require post-conviction polygraph tests and Colorado uses polygraph testing on sex offenders for treatment and monitoring purposes. Many states have lifetime probation for convicted sex offenders and Illinois and Arkansas both have lifetime probation for high risk offenders or sexually violent offenders.

This legislation will provide the supervising officer with the ability to monitor the offender for life and the ability to know the exact location of the offender at all times by using a GPS tracking device. Coupled with random polygraph testing, these tools should provide a deterrent to further sexual offenses.

Megan's Law is now ten years old, and it is important that we continue to update these laws to ensure our children are protected against sex offenders.

Legislative history

2007/08: S.1102 Crime Victims, Crime and Correction 2006: S.6548 Passed Senate

Fiscal implications

To be determined.

Local fiscal implications

To be determined.

Effective date

This act shall take effect immediately, and shall apply to sex offenders having been designated level three risks prior to, or or after such effective date.