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A6294Assembly2017-2018 SessionSame asS5250

Bar Sex Offenders From Residences

Official title

“Relates to restricting sex offenders from residing in a community residence for the mentally disabled”

Status
In Assembly Committee
Correction
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Correction

What's happening

This bill prohibits sex offenders from residing in community residences for the mentally disabled or residential care centers for adults in New York.

Why it matters

  1. Aims to safeguard vulnerable populations. by preventing convicted sex offenders from living in community residences for the mentally disabled or residential care centers for adults, reducing potential risk to these groups.

  2. Expands responsibility across multiple agencies. , including corrections, mental health, and social services, ensuring that sex offenders are systematically excluded from these types of housing at several points: during release, change of residence, and placement by social services.

  3. Limits housing options for sex offenders. after release, which could impact their reintegration and access to supportive environments, raising questions about long-term supervision and public safety.

  4. Mandates specific oversight in supervision plans. , explicitly prohibiting courts and parole authorities from recommending community residences as a housing option for sex offenders under strict and intensive supervision, potentially influencing future housing policy and service provision.

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Who cares

  • Sex offenders seeking housing

    The bill would bar covered sex offenders from living in community residences defined by the Mental Hygiene Law and deny them admission to residential care centers for adults.

  • Community residence operators

    The bill would prohibit covered sex offenders from residing in their facilities, restricting whom they could house.

  • Local social services officials

    The bill would prohibit them from placing sex offenders in community residences.

  • Department of Corrections and Community Supervision

    The bill would bar community residences from its housing recommendations for people being released to strict and intensive supervision and treatment.

Headline styles

Bar Sex Offenders From Residences

Plain English, a few words. Used as the page title.

Sponsors

History

  1. Held for consideration in correction
  2. Referred to correction
  3. Referred to correction

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S5250Senate

Bar Sex Offenders from Residences

In Senate Committee · Crime Victims, Crime And Correction · Sponsor Pamela Helming

Impact 6 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

6294

2017-2018 Regular Sessions

IN ASSEMBLY

March 2, 2017

Introduced by M. of A. FINCH -- read once and referred to the Committee on Correction

AN ACT to amend the correction law, the mental hygiene law and the social services law, in relation to restricting sex offenders from residing in a community residence for the mentally disabled

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 168-c of the correction law is amended by adding a new subdivision 2-a to read as follows:

2-a. No sex offender released or discharged from a correctional facility, hospital or local correctional facility or placed on probation shall reside in a community residence as defined in section 1.03 of the mental hygiene law.

§ 2. Section 168-f of the correction law is amended by adding a new subdivision 4-a to read as follows:

4-a. A sex offender, after his or her discharge, parole or release from any correctional facility, hospital or local correctional facility or who has been placed on probation and who has established a residence shall not change said residence so as to reside in a community residence facility as defined in section 1.03 of the mental hygiene law.

§ 3. Section 168-k of the correction law is amended by adding a new subdivision 5 to read as follows:

5. A sex offender who has established residence in this state pursuant to this section shall not reside in a community residence as defined in section 1.03 of the mental hygiene law.

§ 4. Section 41.44 of the mental hygiene law is amended by adding a new subdivision (d-1) to read as follows:

(d-1) The commissioner shall deny sex offenders, as defined in section one hundred sixty-eight-a of the correction law, admission to residential care centers for adults.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD00769-01-7

A. 6294 2

§ 5. Paragraph 1 of subdivision (a) of section 10.11 of the mental hygiene law, as amended by section 118-e of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows:

(1) Before ordering the release of a person to a regimen of strict and intensive supervision and treatment pursuant to this article, the court shall order that the department of corrections and community supervision recommend supervision requirements to the court. These supervision requirements, which shall be developed in consultation with the commissioner, may include but need not be limited to, electronic monitoring or global positioning satellite tracking for an appropriate period of time, polygraph monitoring, specification of residence or type [or] of residence, prohibition of contact with identified past or potential victims, strict and intensive supervision by a parole officer, and any other lawful and necessary conditions that may be imposed by a court. Recommendations regarding residence or type of residence shall not include a community residence as defined in section 1.03 of this chapter. In addition, after consultation with the psychiatrist, psychologist or other professional primarily treating the respondent, the commissioner shall recommend a specific course of treatment. A copy of the recommended requirements for supervision and treatment shall be given to the attorney general and the respondent and his or her counsel a reasonable time before the court issues its written order pursuant to this section.

§ 6. Subdivision 8 of section 20 of the social services law is amended by adding a new paragraph (c) to read as follows:

(c) Notwithstanding paragraph (b) of this subdivision, local social services officials shall not place any sex offender, as defined in section one hundred sixty-eight-a of the correction law, in a community residence as defined in section 1.03 of the mental hygiene law.

§ 7. This act shall take effect on the ninetieth day after it shall have become a law.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.