Restricts a registered sex offender from residing within 1000 feet of school grounds or a playground

Section two of this bill amends subdivision 2 of section 168-d of the Correction Law to include residency, employment and travel restrictions to the Court's notice issued to the offender. This provides that the offender is notified of the restrictions and requirements to which he or she will be subject in accordance with due process rights.

Section three of this bill amends section 168-f of the Correction Law by adding a new subdivision (4-a) prevent registered sex offenders who have already established a residence from changing their place of residence to within school grounds or a playground by requiring DCJS to confirm that the sex offender's proposed residence is not within an area considered to be school grounds or a playground.

Section four of this bill amends subdivision 2 of section 168-k of the Correction Law by amending the notice given to out-of-state sex offenders relocating to New York to include a statement that the sex offender's level determination may affect where the sex offender can reside, work or travel. Additionally, the Court's determination is required to include the prohibition against entering a zone that are either school grounds or a playground, as required by Penal Law section 62.10.

Section five of this bill amends subdivision 3 of section 168-n of the Correction Law to include residency, employment and travel restrictions to the Court's notice issued to the offender. This provides that the offender is notified of the restrictions and requirements to which he or she will be subject in accordance with due process rights.

Section six of this bill amends subdivision 1 of section 203 of the Correction Law to require the Commissioner of the Department of Corrections and Community Supervision (DOCCS) to include the prohibition against placing a sex offender within an area that is considered to be school grounds or a playground in the rules and regulations promulgated to provide guidance regarding the placement of sex offenders.

Section seven of this bill adds a new section 209 to the Correction Law, which requires the Commissioner of DOCCS to promulgate regulations regarding the placement of Level 1 sex offenders who have been designated as sexual predators, sexually violent offenders, or predicate sex offenders and such designation was based upon a conviction where victim was a child. These regulations must include

the prohibition against placing a sex offender within an area that is considered to be school grounds or a playground.

Section eight of this bill amends section 259-c of the Executive Law to include all level two sex offenders in prohibition against entering an area considered to be school grounds and to include playgrounds as prohibited areas.

Section nine of this bill amends section 243 of the Executive Law to require that the recommendations for placement rules, regulations and guidelines made by DCJS to the Commissioner of DOCCS include the prohibition against placing a sex offender within an area that is considered to be school grounds or a playground.

Section ten of this bill amends Mental Hygiene Law section 10.11(a) to require the Court, before ordering the release of a person to a regime of strict and intensive supervision, shall include a condition that the respondent sex offender refrain from entering school grounds or playgrounds. Additionally, DOCCS will be required to confirm that the respondent sex offender's proposed residence does not violate this new condition.

Section eleven of this bill amends Penal Law section 10.00 to add a new subdivision 22 defining the term "playground" to mean any area, structure, playing field or building that is owned by a public agency or a not-for-profit organization, and that is designated and used as a recreational area. The term "playground" also includes any areas accessible to the public that are within 1000 feet of the real property boundary line comprising the playground. This is similar to the 1000 feet area for school grounds.

Section twelve of this bill amends Penal Law section 65.10(4-a) to make conforming changed to the mandatory conditions for sex offenders which will include all level two sex offenders in prohibition against entering an area considered to be school grounds and to include playgrounds as an area in which entry by level two and level three sex offenders are prohibited from entering.

Section thirteen if this bill amends section 20 of the Social Services Law to provide that the Office of Temporary and Disability Assistance must amend its rules, regulations and guidelines for placement of sex offenders in shelters to provide that a sex offender shall not be placed in an area considered to be school grounds or a playground.

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

Current law

Current law prohibits level 3 sex offenders and certain level one and level two sex offenders from entering school grounds. Sex offenders are not prohibited from entering playgrounds.

Justification

This bill is designed to give children a further buffer from sexual offenders by preventing already convicted offenders from residing within 1000 feet of a school or a playground's real property boundary line. Our children should to be able to go to school and play on a playground without their parents having to worry that their child may fall victim to a previously convicted sex offender. The enactment of this bill is a necessary step towards ensuring the safety of our children and preventing them from becoming targets of opportunity to criminals who already have proven themselves a danger to children.

Legislative history

2015: S.5000-A: Passed the Senate Similar to: 2014: S.2959-A - Referred to Crime Victims, Crime and Correction 2013: S.2959-A - Passed the Senate 2012: S.4026 - Referred to Crime Victims, Crime and Correction 2011: S.4026 - Passed the Senate

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.