Provides residency requirements for sex offenders

Summary of provisions

Section 1 of this bill amends Correction Law section 168-b by adding a new subdivision 13 to provide that the Division of Criminal Justice Services (DCJS) must advise each sex offender to whom the residency restriction in Correction Law section 168-w applies of the terms and specific duration of such restriction.

Section 2 of this bill amends Correction Law section 168-t to provide that violation of Correction Law section 168-w(1) would be a class A misdemeanor.

Section 3 of this bill reletters Correction Law section 168-w to 168-x, and adds a new section 168-w. New section 168-w provides residency requirements for sex offenders. New subdivision 1 provides that no sex offender can reside in a residence that is within 1500 feet of any school grounds. This residency restriction shall apply for the greater of 10 years or the period or term of probation, parole, conditional release or post-release supervision that is applicable to the specific offender.

New subdivision 2 provides the definition for "school grounds," which is the same as the definition in Penal Law section 220.00(14). New subdivision 3 provides that nothing in this section shall be construed to restrict any other lawful condition that may be imposed on a sentenced sex offender.

Section 4 of this bill amends Executive Law section 259-c by adding a new subdivision 18, providing that when the residency restrictions for sex offenders under Correction Law section 168-w applies, DCJS must notify the released sex offender of the restriction on residency in writing and also direct the supervising parole officer to notify the released sex offender of such restriction orally and in writing.

Section 5 of this bill amends Penal Law section 65.10 by adding a new subdivision 6 to provide for notice of residency requirements for sex offenders. This new subdivision provides that the court must notify the defendant of the restriction in writing, and the supervising probation officer must notify the offender of the restriction orally and in writing if Correction Law section 168-w applies.

Section 6 of this bill provides that this act shall take effect on the sixtieth day after it shall have become a law and shall apply to convictions entered on or after such date.

Existing law

Currently, residency restrictions for sex offenders are 1,000 feet from school grounds under the Penal Law.

Justification

Recently, the New York State Court of Appeals, in People v. Diack, NY.3d, Slip Opn. 1376-2015 (Feb. 17, 2015), ruled that local laws restricting residency of sex offenders are unconstitutional, because the State, which has enacted statewide laws concerning the placement of sex offenders, has occupied the field in this area and, thus, the state has preempted the ability of local governments to enact laws in this area. After that ruling, more than 170 local laws were negated. The provisions of this bill will extend the residency restriction to 1500 feet from school grounds. This bill also provides that sex offenders must be notified of the residency requirements orally and in writing.

The safety of our children in New York State is paramount, and this law will help to rectify this issue left in the wake of the Court of Appeals' ruling. This law will also make sure that sex offenders are fully aware of the parameters in regard to residency restrictions, and provides for a penalty if a sex offender violates these residency requirements.

Sex offenders residing near schools create a severe public safety issue for communities across the State, and this legislation seeks to remediate that public safety issue.

Legislative history

New bill

Fiscal implications

None to the State

Effective date

This act shall take effect on the sixtieth day after it shall have become a law and shall apply to convictions entered on or after such date.