Prohibits sex offenders whose victim was a child and level 3 sex offenders from knowingly being within 1,000 feet of a facility where pre-kindergarten or kindergarten instruction is provided

Summary of provisions

Section 1: Amends section 259-c of the executive law which relates to mandatory conditions of release of level three sex offenders. Under the current law it is a mandatory condition that a level three sex offender refrain from knowingly entering into or upon any school grounds. This bill looks to expand the mandatory conditions to clearly include that a sex offender may not knowingly come within 1,000 feet from any facility or institution where pre-kindergarten or kindergarten is provided.

Section 2: Adds a new Executive Law section 259-f to direct the Commissioner of the Department of Corrections and Community Supervision (DOCCS) to obtain, on a quarterly basis from the Commissioner of Education, an updated list of every elementary and secondary school in the state, including any other facility or institution where pre-kindergarten or kindergarten instruction is provided.

The purpose of this section is to ensure that DOCCS has the latest information on the location of elementary and secondary schools. While there are not significant differences in such lists, new elementary and secondary schools do open up, and older schools are closed from time to time. However, the lists used by DOCCS and local probation departments do not reflect this new information. Hence, when conducting their work, DOCCS and local probation departments can accidentally place Level II and III sex offenders within 1,000 feet of such a school. Further, those sex offenders that at one point where not located within 1,000 feet of a school, can find themselves within such area when a new school is opened. This bill helps to remedy that situation for both new schools that open and those that close.

Section 3: Expands Penal Law section 65.10, which relates to conditions of probation and of conditional discharge. This will clearly expand those institutions where level three sex offenders must knowingly refrain from entering to include within 1,000 feet from

facilities and institutions where pre-kindergarten and kindergarten instruction is provided.

Justification

Under current law, DOCCS, and its Divisions of Parole and Probation & Correctional Alternatives have lists of all elementary and secondary schools in this State. This list is used by such divisions to ensure that registered level II and III sex offenders are not placed to live within 1,000 feet of a school. Further, this list is disseminated to local probation officers to ensure that those on probation are not allowed to live within 1,000 feet of a elementary or secondary school. It has come to the Senate sponsor's attention, that since the lists of schools used is not updated frequently, that such registered sex offenders can accidently be placed near new schools that have recently been built. Further, there have been sex offenders, while complying with the 1,000 foot distance requirement, at one point, may violate that requirement once a new school has been constructed. Further, such sex offenders have been precluded from an area even though a school has recently closed. This bill should help to remedy this situation.

This bill will also provide protection to those children who attend prekindergarten and kindergarten in facilities and institutions that are not now clearly considered under the current law. Without this bill dangerous sex offenders have the ability to enter upon these facilities and institutions that care for young children.

Legislative history

2014: S7868/A10169 Passed Senate/ referred to Assembly Committee on Codes 2014: S6600/ A9666 Passed Senate/ referred to Assembly Committee on Corrections

Fiscal implications

None.

Effective date

Section 2 shall take effect immediately; section 1 and section 3 shall take effect on the first of July next succeeding the date on which it shall have become a law.