Relates to employment of sex offenders

2 Co-sponsors

• Tony Avella
• Jack M. Martins

BILL NUMBER:S1418

Title of bill

An act to amend the correction law, in relation to permissible employment, employment related activities, and volunteer activities that may be performed by convicted sex offenders

Purpose

This bill amends certain sections of the correction law with respect to the employment of convicted sex offenders.

Summary of provisions

Section 1 amends the Correction Law by prohibiting convicted sex offenders from working or volunteering at any facility where such employment would allow the offender unsupervised access to residential living quarters. Section 2 establishes an immediate effective date.

Justification

The enactment of the Sex Offender Registration Act (SORA) (Correction Law Article 6-C) in 1996 established a system within which to protect our communities by requiring sex offenders to register with the State, and to make public information about offenders living in our neighborhoods. Armed with this information, our communities are able to shield the most vulnerable of citizens. While current law provides comprehensive residential prohibitions, it lacks similar employment restrictions. The law goes to great lengths to restrict convicted sex offenders from living in our neighborhoods, yet allows convicted offenders to work in our homes without our knowledge or supervision.

This loophole was recently highlighted in the news when it was discovered that a Level-3 sex offender was employed as a superintendent in a residential building in Manhattan. Employment as a building superintendent allowed this convicted offender to possess keys to individual apartments. Permitting convicted sex offenders such unsupervised access is dangerous, and counter-intuitive. Most shocking about this unfettered access to residences, is that the existing law does not prohibit convicted sex offenders from obtaining such employment.

Amending Section 168-v of the Correction Law expands and enhances the protections established by the Sex Offender Registration Act. This amendment is not intended to bar one's ability to secure a livelihood, but to exclude from permissible employment those positions in which convicted sex offenders have unsupervised access to residences. Requiring direct supervision of any convicted sex offender employee, or volunteer, who has access to residential living quarters is not only prudent, but necessary to protect our most vulnerable citizens.

Legislative history

2010: S.6857 - Crime Victims, Crime and Correction

Fiscal implications

None.

Effective date

This act shall take effect immediately.