What's happening
This bill requires sex offenders to be notified in writing and orally of residency restrictions, and expands those restrictions to include areas within 1,000 feet of parks or buildings providing child day care.
Why it matters
Expands the geographic scope of residency restrictions. for certain sex offenders, making it illegal for them to live within 1,000 feet of parks or buildings where child day care is provided, in addition to previous restrictions near schools and youth facilities. This could significantly reduce available housing options for affected offenders, potentially impacting their reentry and reintegration.
Mandates clear, repeated notification of these restrictions. Sex offenders subject to these rules must be notified both in writing and orally by authorities (parole or probation officers and the court), aiming to ensure they fully understand the restrictions and reduce the risk of inadvertent violations.
Affects not just parolees but also those on probation or conditional discharge. for qualifying offenses, broadening the pool of offenders under these expanded residency restrictions and potentially increasing monitoring and administrative burdens on law enforcement and supervision agencies.
Allows for limited exceptions. for offenders who are students, employees, or have family at restricted sites, but only with explicit written authorization, which could help balance public safety with legitimate needs for access to certain locations.
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Who cares
Headline styles
Notify Sex Offenders of Restrictions
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
No co-sponsors yet.
History
- Referred to crime victims, crime and correction
- Referred to crime victims, crime and correction
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
132
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. CARLUCCI -- 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 executive law and the penal law, in relation to sex offender's notice of residency requirements
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 two hundred fifty-nine-c of the executive law or section 65.10 of the penal law applies, concerning the terms and specific duration of such restriction.
§ 2. 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 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, or within one thousand feet of a park or building in which child day
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05287-01-9
S. 132 2
care is provided, 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 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.
§ 3. Section 259-c of the executive law is amended by adding a new subdivision 18 to read as follows:
18. when the provisions of subdivision fourteen of this section apply concerning certain restrictions on residence, the board shall notify the person released of the restriction in writing and direct the supervising parole officer to notify such person of such restriction orally and in writing.
§ 4. 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 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 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, or within one thousand feet of a park or building in which child day care is provided, 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.
§ 5. Section 65.10 of the penal law is amended by adding a new subdivision 6 to read as follows:
6. Notice of residency requirements for sex offenders. When the provisions of subdivision four-a of this section apply concerning certain restrictions on residence, the court shall notify the defendant of the restriction in writing and the supervising probation officer shall notify the offender of the restriction orally and in writing.
§ 6. This act shall take effect on the sixtieth 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 executive law and the penal law, in relation to sex offender's notice of residency requirements
Purpose
The purpose of this legislation is to prohibit sex offenders from moving to a residence that is within 1000 feet of any school building regularly used for instructional purposes, a building in which child day care is provided or a park.
Summary of provisions
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 acknowl- edging initial registration and thereafter in annual correspondence, shall advise each sex offender, to whom the residency restriction in section two hundred fifty-nine-c of the executive law or section 65.10 of the penal law applies; concerning the terms and specific duration of such restriction.
Section 2: 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 include or within one thousand feet of a park or building in which child day care is provided.
Section 3: Section 259-c of the executive law is amended by adding a new subdivision 18 to read as follows: 18. When the provisions of subdivi- sion fourteen of this section apply concerning certain restrictions on residence, the board shall notify the person released of the restriction writing and direct the supervising parole officer to notify such person of restriction orally and in writing.
Section 4: Paragraph (a) of subdivision 4-1 of section 65.10 of the penal law, as amended by chapter 67 of the laws of 2008, is amended to include, or within one thousand feet of a park of building in which child day care is provided.
Section 5: Section 65.10 of the penal law is amended by adding a new subdivision 6.
Section 6: Sets the effective date.
Justification
Across New York State, there is the need for protective measures to protect children from violent sexual predators by enacting residency requirement to ensure that these predators will not live near a school, daycare or park.
Legislative history
2017-18: 51647 - Passed Senate 2015-16: S3223A - Passed Senate
Fiscal implications
None.
Effective date
This act shall take effect on the sixtieth 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.