Relates to permissible employment, employment related activities, and volunteer activities that may be performed by convicted sex offenders

BILL NUMBER:S4339

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 would prohibit an individual who is a convicted sex offender from working or volunteering in a position where they would have unsupervised access to a residential living quarters.

Summary of provisions

Section one amends the correction law to prohibit an individual registered under the sex offender registration act from being employed or volunteering for a position which would permit such person to have unsupervised access to a residential living quarters.

Section two sets an immediate effective date.

Existing law

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Justification

The enactment of the Sex Offender Registration Act (SORA) (Correction Law Article 6-C) 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.

The law has provisions regarding residential prohibitions, however, employment prohibitions to provide necessary public protection are not as comprehensive. In fact, there are no prohibitions from hiring a registered sex offender and giving them unsupervised access to a person's home.

This loophole was 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 for public protection.

Legislative history

2011-12: S1418 Passed Senate

Fiscal implications

None

Effective date

Immediately