What's happening
This bill prohibits certain convicted sex offenders from being within 1,000 feet of pre-kindergarten or kindergarten facilities and requires quarterly updated school listings.
Why it matters
Expands restricted zones for certain sex offenders. By adding a 1,000-foot buffer around pre-kindergarten and kindergarten facilities, the bill significantly increases the areas from which certain convicted offenders are barred, impacting where they can live, work, or travel.
Mandates more frequent school data updates. The requirement for quarterly updates of all schools and pre-K/kindergarten facilities ensures that law enforcement and probation/parole officers have current information, potentially improving enforcement and compliance.
Aims to close loopholes and enhance child safety. By specifically including pre-K and kindergarten sites—which may not always be on traditional school grounds—the bill addresses potential gaps in existing law and broadens protections for young children.
Introduces clear administrative protocols. The bill not only requires the collection and distribution of updated school lists but also annual reporting on compliance, increasing accountability among state agencies tasked with monitoring offenders.
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Who cares
Headline styles
Keep Sex Offenders from Schools
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to correction
- Delivered to assembly
- Passed senateVote 61–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.652
- Referred to crime victims, crime and correction
- Returned to senate
- Died in assembly
- Referred to correction
- Delivered to assembly
- Passed senateVote 60–1
Show 4 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.98
- Referred to crime victims, crime and correction
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1787
2017-2018 Regular Sessions
IN SENATE
January 10, 2017
Introduced by Sens. KLEIN, CARLUCCI, GOLDEN, KENNEDY, MARCHIONE, MURPHY -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction
AN ACT to amend the executive law and the penal law, in relation to prohibiting certain convicted sex offenders from knowingly being within 1,000 feet of any place where pre-kindergarten or kindergarten instruction is provided; and to amend the executive law, directing the commissioner of corrections and community supervision to apply for quarterly listings of all elementary and secondary schools in the state
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 14 of section 259-c of the executive law, as amended by section 38-b of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows:
14. notwithstanding any other provision of law to the contrary, where a person serving a sentence for an offense defined in article one hundred thirty, one hundred thirty-five or two hundred sixty-three of the penal law or section 255.25, 255.26 or 255.27 of the penal law and the victim of such offense was under the age of eighteen at the time of such offense or such person has been designated a level three sex offender pursuant to subdivision six of section one hundred sixty-eight-l of the correction law, is released on parole or conditionally released pursuant to subdivision one or two of this section, the board shall require, as a mandatory condition of such release, that such sentenced offender shall refrain from knowingly entering into or upon any school grounds, as that term is defined in subdivision fourteen of section 220.00 of the penal law, or within one thousand feet of any facility or institution where pre-kindergarten or kindergarten instruction is provided, or any other facility or institution primarily used for the care or treatment of persons under the age of eighteen while one or more of such persons under the age of eighteen are present, provided however, that when such sentenced offender is a registered student or participant or an employee of such facility or institution or entity contracting
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07343-01-7
S. 1787 2
therewith or has a family member enrolled in such facility or institution, such sentenced offender may, with the written authorization of his or her parole officer and the superintendent or chief administrator of such facility, institution or grounds, enter such facility, institution or upon such grounds for the limited purposes authorized by the parole officer and superintendent or chief officer. Nothing in this subdivision shall be construed as restricting any lawful condition of supervision that may be imposed on such sentenced offender.
§ 2. The executive law is amended by adding a new section 259-f to read as follows:
§ 259-f. Quarterly reports of schools. 1. On a quarterly basis the commissioner shall obtain an updated list from the commissioner of education, of every elementary and secondary school in the state, and of any other facility or institution where pre-kindergarten or kindergarten instruction is provided.
2. The commissioner shall distribute the information received pursuant to subdivision one of this section to the board and to the director of probation and correctional alternatives.
3. On or before February first each year, the commissioner shall notify the governor, the temporary president of the senate, the speaker of the assembly, the minority leader of the senate and the minority leader of the assembly, on the compliance with this section.
§ 3. Paragraph (a) of subdivision 4-a of section 65.10 of the penal law, as amended by chapter 67 of the laws of 2008, is amended to read as follows:
(a) When imposing a sentence of probation or conditional discharge upon a person convicted of an offense defined in article one hundred thirty, two hundred thirty-five or two hundred sixty-three of this chapter, or section 255.25, 255.26 or 255.27 of this chapter, and the victim of such offense was under the age of eighteen at the time of such offense or such person has been designated a level three sex offender pursuant to subdivision six of section [168-l] one hundred sixty-eight-l of the correction law, the court shall require, as a mandatory condition of such sentence, that such sentenced offender shall refrain from knowingly entering into or upon any school grounds, as that term is defined in subdivision fourteen of section 220.00 of this chapter, or within one thousand feet of any facility or institution where pre-kindergarten or kindergarten instruction is provided, or any other facility or institution primarily used for the care or treatment of persons under the age of eighteen while one or more of such persons under the age of eighteen are present, provided however, that when such sentenced offender is a registered student or participant or an employee of such facility or institution or entity contracting therewith or has a family member enrolled in such facility or institution, such sentenced offender may, with the written authorization of his or her probation officer or the court and the superintendent or chief administrator of such facility, institution or grounds, enter such facility, institution or upon such grounds for the limited purposes authorized by the probation officer or the court and superintendent or chief officer. Nothing in this subdivision shall be construed as restricting any lawful condition of supervision that may be imposed on such sentenced offender.
§ 4. This act shall take effect immediately, except that sections one and three of this act shall take effect on the first of July next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law and the penal law, in relation to prohibiting certain convicted sex offenders from knowingly being within 1,000 feet of any place where pre-kindergarten or kindergarten instruction is provided; and to amend the executive law, directing the commissioner of corrections and community supervision to apply for quarterly listings of all elementary and secondary schools in the state
Purpose
To ensure that staff at the Parole Board and the Office of Probation and Correctional Alternatives have the most updated list of elementary and secondary schools so that level II and III registered sex offenders are not placed near such schools when such persons are either released from prison on parole or are placed on probation. This bill also seeks to keep level three sex offenders from coming within 1,000 feet of facilities and institutions where pre-kindergarten and kindergarten instruction is provided.
Summary of provisions
Section 1: Amends section 259-c of the executive law which relates to mandatory conditions of release of level three sex offenders. Under the current law it is a mandatory condition that a level three sex offender refrain from knowingly entering into or upon any school grounds. This bill looks to expand the mandatory conditions to clearly include that a sex offender may not knowingly come within 1,000 feet from any facility or institution where pre-kindergarten or kindergarten is provided.
Read the full memo (733 words)
Section 2: Adds a new Executive Law section 259-f to direct the Commissioner of the Department of Corrections and Community Supervision (DOCCS) to obtain, on a quarterly basis from the Commissioner of Education, an updated list of every elementary and secondary school in the state, including any other facility or institution where pre-kindergarten or kindergarten instruction is provided.
The purpose of this section is to ensure that DOCCS has the latest information on the location of elementary and secondary schools. While there are not significant differences in such lists, new elementary and secondary schools do open up, and older schools are closed from time to time. However, the lists used by DOCCS and local probation departments do not reflect this new information. Hence, when conducting their work, DOCCS and local probation departments can accidentally place Level II and III sex offenders within 1,000 feet of such a school. Further, those sex offenders that at one point where not located within 1,000 feet of a school, can find themselves within such area when a new school is opened. This bill helps to remedy that situation for both new schools that open and those that close.
Section 3: Expands Penal Law section 65.10, which relates to conditions of probation and of conditional discharge. This will clearly expand those institutions where level three sex offenders must knowingly refrain from entering to include within 1,000 feet from facilities and institutions where pre-kindergarten and kindergarten instruction is provided.
Justification
Under current law, DOCCS, and its Divisions of Parole and Probation & Correctional Alternatives have lists of all elementary and secondary schools in this State. This list is used by such divisions to ensure that registered level II and III sex offenders are not placed to live within 1,000 feet of a school. Further, this list is disseminated to local probation officers to ensure that those on probation are not allowed to live within 1,000 feet of a elementary or secondary school. It has come to the Senate sponsor's attention, that since the lists of schools used is not updated frequently, that such registered sex offenders can accidently be placed near new schools that have recently been built. Further, there have been sex offenders, while complying with the 1,000 foot distance requirement, at one point, may violate that requirement once a new school has been constructed. Further, such sex offenders have been precluded from an area even though a school has recently closed. This bill should help to remedy this situation.
This bill will also provide protection to those children who attend prekindergarten and kindergarten in facilities and institutions that are not now clearly considered under the current law. Without this bill dangerous sex offenders have the ability to enter upon these facilities and institutions that care for young children.
Legislative history
2015-2016 - S. 1520 - Passed Senate 2014: S7868/A10169 Passed Senate/ referred to Assembly Committee on Codes 2014: S6600/ A9666 Passed Senate/ referred to Assembly Committee on Corrections
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.