Prohibits registered sex offenders from working with children

Summary of provisions

Section one of the bill amends the Correction Law by relettering section 168-w to 168-x and adding a new section 168-w. New section 168-w prohibits all registered sex offenders from accepting an assignment, whether paid or as a volunteer, that places him or her in substantial contact with children. "Substantial contact with children" is defined as "working with children, having opportunity to be alone with children, spending time specifically with children, performing for children, and engaging in any other activity that is targeted to involve children." Employers, organizations, and government entities are required to complete a background check against New York State's Sex Offender Registry maintained by the Division of Criminal Justice Services for all prospective employees and volunteers. Penalties are provided for registered sex offenders who violate this section as well as any employers who knowingly violate this section.

Section two provides that this act shall take effect on the first of November next succeeding the date on which it shall have become a law.

Existing law

Under current law, sex offenders are not prohibited from working or volunteering in many capacities that place them in direct or substantial contact with children.

Justification

Sex offenders and pedophiles have an extremely high rate of recidivism. In some instances these rates are as high as 40 percent. Even more disturbing are the statistics that state the typical pedophile commits an average of 280 sexual crimes during their lifetime and the average serial child molester has between 360-380 victims in their lifetime.

These sobering statistics and many high-profile cases of convicted sex offenders who were released back into our communities who assaulted, abused, tortured, and even murdered innocent children were driving forces behind the creation of nationwide sex offender registries.

While parents and communities can monitor the whereabouts of convicted sex offenders released back into their neighborhoods, they should not have to worry that places they bring their children for care, recreation, entertainment or any other type of child-based activity have registered sex offenders on the payroll or working as volunteers.

The need for this type of legislation and a change in New York State Law is epitomized by two incidents that have occurred in New York. In 2010, it was revealed that a Level 2 sex offender who was convicted of sexual assault in the 1st degree for sexually abusing an 11-year-old girl, was operating a karate school in Glendale, Queens. This individual has daily contact with young children whose parents bring them there for a recreational activity in what is assumed to be a safe environment. Clearly, these children are not safe being in direct and close contact with a Level 2 sex offender who has a predilection for young girls.

In December of 2014, the news reported a story about a man in Livingston County who was convicted of sexual contact with a developmentally disabled 15-year old for whom he served as a foster parent and subsequent to his release from incarceration for that conviction, was allowed to live in the same home, and be a foster parent to, a developmentally disabled 16-year old girl with whom he allegedly engaged in sexual intercourse.

This legislation would put an end to these types of abhorrent situation by prohibiting all registered sex offenders from working or volunteering with children in any capacity.

Legislative history

2014: S.3762 - Referred to Crime Victims, Crime and Correction 2013: S.3762 - Passed the Senate 2011-2: S.2693 - Referred to Crime Victims, Crime and Correction both years 2010: S.6851 - Referred to Crime Victims, Crime and Correction

Fiscal implications

Minimal

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.