What's happening
This bill prohibits registered sex offenders in New York from living within 1,000 feet of school grounds and requires notification and monitoring of this restriction.
Why it matters
Expands state oversight. by requiring the Division of Criminal Justice Services to directly notify sex offenders about the specifics and duration of the new residency restriction, and to regularly monitor their compliance—potentially increasing accountability and reducing loopholes.
Imposes stricter penalties. , making violations of the new school proximity rule a criminal offense, with escalating consequences for repeat offenses (from misdemeanor to felony), which could deter violations but also raises the stakes for noncompliance.
Creates a uniform, statewide rule. that overrides local variation, potentially reducing confusion about what’s allowed, but also affecting housing options for registered offenders regardless of their individual risk level or local circumstances.
May impact community safety and offender reintegration. by prioritizing the protection of school environments, but it also risks pushing offenders into housing instability or homelessness if compliant residences are scarce, which research suggests could have unintended negative effects on public safety.
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Who cares
Headline styles
Ban Sex Offenders Near Schools
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to crime victims, crime and correction
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8075
IN SENATE
March 26, 2018
Introduced by Sen. AVELLA -- 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, in relation to residency requirements for sex offenders
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 168-b of the correction law is amended by adding a new subdivision 13 to read as follows:
13. The division, when acknowledging initial registration and thereafter in annual correspondence, shall advise each sex offender, to whom the residency restriction in section one hundred sixty-eight-w of this article applies, concerning the terms and specific duration of such restriction. The division shall regularly monitor compliance with such restriction.
§ 2. Section 168-t of the correction law, as amended by chapter 373 of the laws of 2007, is amended to read as follows:
§ 168-t. Penalty. Any sex offender required to register or to verify pursuant to the provisions of this article who fails to register or verify in the manner and within the time periods provided for in this article shall be guilty of a class E felony upon conviction for the first offense, and upon conviction for a second or subsequent offense shall be guilty of a class D felony. Any sex offender who violates the provisions of section one hundred sixty-eight-v or section one hundred sixty-eight-w of this article shall be guilty of a class A misdemeanor upon conviction for the first offense, and upon conviction for a second or subsequent offense shall be guilty of a class D felony. Any such failure to register or verify may also be the basis for revocation of parole pursuant to section two hundred fifty-nine-i of the executive law or the basis for revocation of probation pursuant to article four hundred ten of the criminal procedure law.
§ 3. Section 168-w of the correction law, as relettered by chapter 604 of the laws of 2005, is relettered section 168-x and a new section 168-w is added to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15114-01-8
S. 8075 2
§ 168-w. Residency requirements for sex offenders. No sex offender required to register under this article shall reside in a residence that is within one thousand feet of any school grounds. For purposes of this section, "school grounds" shall have the same meaning as defined in subdivision fourteen of section 220.00 of the penal law.
§ 4. 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, in relation to residency require- ments for sex offenders
Purpose
The purpose of this bill is to create a system to regularly monitor the compliance of sex offenders with residency requirements, and to require class three sex offenders to be subject to residency requirements for the duration of the time that they have to register with the state.
Summary of provisions
Section 1 of this bill amends Section 168-b of the correction law by adding new subdivision 13, which would require the creation of a system to regularly monitor that sex offenders are complying with the applica- ble residency requirements.
Section 2 of this bill amends Section 168-t of the correction law by including section 168-w under its provisions thereby making the violation of that section a class A misdemeanor for the first offense, and a class D felony for subsequent violations.
Section 3 of this bill amends Section 168-w of the correction law by making it Section 168-x and adding a new Section 168-w, which provides that sex offenders required to register under this Article, must reside in a residence that is located at least one thousand feet from any school grounds.
Section 4 of this bill states that this act shall take effect on the ninetieth day after it shall have become law.
Justification
Currently, under the Sexual Assault Reform Act (SARA), only those sex offenders still currently under supervision, such as probation or parole, are limited in where they can reside. This includes those sex offenders that are classified as level three, which means that there is a high risk of a repeated offense and a threat to public safety exists. Further, the New York State Department of Corrections and Community Supervision (NYSDCCS) has no current system to track whether those sex offenders subject to residency requirements are actually abiding by those restrictions.
This legislation, based on the overwhelming public safety concerns, would amend the existing law to require all of those currently subject to registration requirements to also reside at least one thousand feet from any school grounds. In addition, it would require NYSDCCS to create a system to regularly monitor compliance with residency restrictions.
The current system lacks all good sense to trust sex offenders to prop- erly comply with residency requirements without any real system in place to monitor such compliance. Further, to allow sex offenders, some of which are at a high risk of a repeated offense, to live next to schools without any regulation puts our schools and our children at risk. These changes to the corrections law are necessary to ensure that convicted sex offenders are prevent from being in close proximity to our schools and a threat to our children.
Legislative history
New Bill.
Fiscal implications
To be determined.
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.