What's happening
This bill prohibits sex offenders from residing in community residences for the mentally disabled in New York State.
Why it matters
Directly impacts housing options for sex offenders with mental disabilities. , potentially making it more difficult for them to find stable, supervised housing upon release, which may have consequences for their reintegration and public safety.
Places new responsibilities on mental health and social services agencies. to screen and deny placement of registered sex offenders in community residences for the mentally disabled, altering current intake and case management processes.
May affect vulnerable populations living in these residences. , potentially increasing feelings of safety among residents and their families, but also raising questions about where sex offenders with mental disabilities will be housed and treated.
Could shift the burden of housing and supervising these individuals. to other parts of the mental health or corrections systems, or to less-supported community settings, which may have broader social and fiscal implications.
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Who cares
Headline styles
Bar Sex Offenders from Residences
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to crime victims, crime and correction
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.991
- Referred to crime victims, crime and 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.
Bar Sex Offenders From Residences
In Assembly Committee · Correction · Sponsor Gary Finch
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5250
2017-2018 Regular Sessions
IN SENATE
March 17, 2017
Introduced by Sen. HELMING -- 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 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
S. 5250 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.
Sponsor's memo
Title of bill
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
Purpose
To provide protections for mentally disabled persons by prohibiting sex offenders from residing in a community residence.
Summary of provisions
Section 1 adds a new subdivision 2-a to Section 168-f of the Correction Law prohibiting a sex offender from residing in a community residence.
Section 2 adds a new subdivision 4-a to Section 168-f of the Correction Law prohibiting a sex offender who has established a residence to change his/her residence to a community residence.
Section 3 adds a new subdivision 5 to Section 168-k prohibiting a sex offender who has established a residence in New York State from residing in a community residence.
Section 4 adds a new subdivision (d-1) to Section 41.44 of the Mental Hygiene Law denying sex offenders from admission to residential care centers for adults.
Section 5 amends paragraph 1 of subdivision (a) of Section 10.11 of the Mental Hygiene Law to prohibit the Department of Corrections and Community Supervision from recommending community residences when ordering the release of a person to a regimen of strict and intensive supervision.
Section 6 adds a new paragraph(c ) to subdivision 8 of Section 20 of the Social Services Law providing that local social service officials shall not place a sex offender in a community residence.
Justification
Community residence facilities as defined in section 1.03 mental hygiene law, house vulnerable populations. Residents have mental and sometime physical disabilities, and are often unable to defend themselves, or even judge when they are in danger. This law will ensure that they are not subject to convicted sexual predators within their own homes.
Legislative history
2016: A.7563 held for consideration in Correction. 2015: A.7563 referred to Correction.
Fiscal implications
None to the State.
Effective date
This act shall take effect on the ninetieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.