What's happening
This bill prohibits sex offenders from residing, being placed, or entering within school grounds or playgrounds, and updates related notification, supervision, and placement procedures.
Why it matters
Expands the definition of restricted areas for sex offenders. The bill broadens existing residency and access restrictions to include not just school grounds but also playgrounds, with a new legal definition that encompasses public parks, fields, and any area within 1,000 feet of such locations. This could significantly increase the number of locations off-limits to sex offenders, affecting their housing and mobility options.
Standardizes and strengthens supervision procedures. Agencies responsible for supervising sex offenders (probation, parole, and mental health) are now required to include specific prohibitions and review procedures to ensure compliance with these expanded restrictions. This means more thorough checks and potentially stricter supervision for affected individuals.
Impacts social services and housing placements. Local social services and housing authorities are now explicitly barred from placing level two and three sex offenders, or certain level one offenders with child victims, in any residence within the newly defined restricted zones. This could result in greater difficulty for these individuals in finding housing, with possible impacts on homelessness or transience rates.
Increases notification and legal process clarity. The bill amends notification language to ensure that sex offenders are informed, at multiple points in the legal process, that their registration status will directly affect where they may live, work, or travel. This legal clarity both informs offenders and gives communities and local authorities clearer rules for enforcement and compliance.
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Who cares
Headline styles
Ban Sex Offenders Near Schools
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 39
3 Co-sponsors
History
- Referred to crime victims, crime and correction
- 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.
Ban Sex Offenders Near Schools
In Assembly Committee · Correction · Sponsor Edward Braunstein
Full text
11 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1955
2019-2020 Regular Sessions
IN SENATE
January 18, 2019
Introduced by Sen. SKOUFIS -- 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, the mental hygiene law, the penal law and the social services law, in relation to the residence of a sex offender
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. Upon notification pursuant to subdivisions one or two of this section, it shall be the duty of the division to confirm that a sex offender's proposed residence is not within the area defined as school grounds, as such term is defined in subdivision fourteen of section 220.00 of the penal law, or a playground, as such term is defined in subdivision twenty-two of section 10.00 of the penal law, the measurements to be taken in straight lines from the center of the nearest entrance of the residence to the nearest real property boundary line comprising such school grounds or playground.
§ 2. Subdivisions 2 and 3 of section 168-d of the correction law, subdivision 2 as amended by chapter 684 of the laws of 2005, and subdivision 3 as amended by chapter 11 of the laws of 2002, are amended to read as follows:
2. Any sex offender, who is released on probation or discharged upon payment of a fine, conditional discharge or unconditional discharge shall, prior to such release or discharge, be informed of his or her duty to register under this article by the court in which he or she was convicted. At the time sentence is imposed, such sex offender shall register with the division on a form prepared by the division. The court shall require the sex offender to read and sign such form and to complete the registration portion of such form. The court shall on such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02929-01-9
S. 1955 2
form obtain the address where the sex offender expects to reside upon his or her release, and the name and address of any institution of higher education he or she expects to be employed by, enrolled in, attending or employed, whether for compensation or not, and whether he or she expects to reside in a facility owned or operated by such an institution, and shall report such information to the division. The court shall give one copy of the form to the sex offender and shall send two copies to the division which shall forward the information to the law enforcement agencies having jurisdiction. The court shall also notify the district attorney and the sex offender of the date of the determination proceeding to be held pursuant to subdivision three of this section, which shall be held at least forty-five days after such notice is given. This notice shall include the following statement or a substantially similar statement: "This proceeding is being held to determine whether you will be classified as a level 3 offender (risk of repeat offense is high), a level 2 offender (risk of repeat offense is moderate), or a level 1 offender (risk of repeat offense is low), or whether you will be designated as a sexual predator, a sexually violent offender or a predicate sex offender, which will determine how long you must register as a sex offender, where you may reside, work or travel, and how much information can be provided to the public concerning your registration. If you fail to appear at this proceeding, without sufficient excuse, it shall be held in your absence. Failure to appear may result in a longer period of registration or a higher level of community notification because you are not present to offer evidence or contest evidence offered by the district attorney." The court shall also advise the sex offender that he or she has a right to a hearing prior to the court's determination, that he or she has the right to be represented by counsel at the hearing and that counsel will be appointed if he or she is financially unable to retain counsel. If the sex offender applies for assignment of counsel to represent him or her at the hearing and counsel was not previously assigned to represent the sex offender in the underlying criminal action, the court shall determine whether the offender is financially unable to retain counsel. If such a finding is made, the court shall assign counsel to represent the sex offender pursuant to article eighteen-B of the county law. Where the court orders a sex offender released on probation, such order must include a provision requiring that he or she comply with the requirements of this article. Where such sex offender violates such provision, probation may be immediately revoked in the manner provided by article four hundred ten of the criminal procedure law.
3. For sex offenders released on probation or discharged upon payment of a fine, conditional discharge or unconditional discharge, it shall be the duty of the court applying the guidelines established in subdivision five of section one hundred sixty-eight-l of this article to determine the level of notification pursuant to subdivision six of section one hundred sixty-eight-l of this article and whether such sex offender shall be designated a sexual predator, sexually violent offender, or predicate sex offender as defined in subdivision seven of section one hundred sixty-eight-a of this article. At least fifteen days prior to the determination proceeding, the district attorney shall provide to the court and the sex offender a written statement setting forth the determinations sought by the district attorney together with the reasons for seeking such determinations. The court shall allow the sex offender to appear and be heard. The state shall appear by the district attorney, or his or her designee, who shall bear the burden of proving the facts
S. 1955 3
supporting the determinations sought by clear and convincing evidence. Where there is a dispute between the parties concerning the determinations, the court shall adjourn the hearing as necessary to permit the sex offender or the district attorney to obtain materials relevant to the determinations from any state or local facility, hospital, institution, office, agency, department or division. Such materials may be obtained by subpoena if not voluntarily provided to the requesting party. In making the determinations, the court shall review any victim's statement and any relevant materials and evidence submitted by the sex offender and the district attorney and the court may consider reliable hearsay evidence submitted by either party provided that it is relevant to the determinations. Facts previously proven at trial or elicited at the time of entry of a plea of guilty shall be deemed established by clear and convincing evidence and shall not be relitigated. The court shall render an order setting forth its determinations and the findings of fact and conclusions of law on which the determinations are based, such order shall also include any conditions that are required to be imposed pursuant to section 65.10 of the penal law. A copy of the order shall be submitted by the court to the division. Upon application of either party, the court shall seal any portion of the court file or record which contains material that is confidential under any state or federal statute. Either party may appeal as of right from the order pursuant to the provisions of articles fifty-five, fifty-six and fiftyseven of the civil practice law and rules. Where counsel has been assigned to represent the sex offender upon the ground that the sex offender is financially unable to retain counsel, that assignment shall be continued throughout the pendency of the appeal, and the person may appeal as a poor person pursuant to article eighteen-B of the county law.
§ 3. 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 who has established a residence shall not change said residence so as to reside within the area defined as school grounds, as such term is defined in subdivision fourteen of section 220.00 of the penal law, or a playground, as such term is defined in subdivision twenty-two of section 10.00 of the penal law, the measurements to be taken in straight lines from the center of the nearest entrance of the residence to the real property boundary line comprising such school grounds or playground.
§ 4. Subdivision 2 of section 168-k of the correction law, as amended by chapter 684 of the laws of 2005, is amended to read as follows:
2. The division shall advise the board that the sex offender has established residence in this state. The board shall determine whether the sex offender is required to register with the division. If it is determined that the sex offender is required to register, the division shall notify the sex offender of his or her duty to register under this article and shall require the sex offender to sign a form as may be required by the division acknowledging that the duty to register and the procedure for registration has been explained to the sex offender. The division shall obtain on such form the address where the sex offender expects to reside within the state and the sex offender shall retain one copy of the form and send two copies to the division which shall provide the information to the law enforcement agency having jurisdiction where the sex offender expects to reside within this state. No later than thirty days prior to the board making a recommendation, the sex offender shall be notified that his or her case is under review and that he or
S. 1955 4
she is permitted to submit to the board any information relevant to the review. After reviewing any information obtained, and applying the guidelines established in subdivision five of section one hundred sixty-eight-l of this article, the board shall within sixty calendar days make a recommendation regarding the level of notification pursuant to subdivision six of section one hundred sixty-eight-l of this article and whether such sex offender shall be designated a sexual predator, sexually violent offender, or predicate sex offender as defined in subdivision seven of section one hundred sixty-eight-a of this article. This recommendation shall be confidential and shall not be available for public inspection. It shall be submitted by the board to the county court or supreme court and to the district attorney in the county of residence of the sex offender and to the sex offender. It shall be the duty of the county court or supreme court in the county of residence of the sex offender, applying the guidelines established in subdivision five of section one hundred sixty-eight-l of this article, to determine the level of notification pursuant to subdivision six of section one hundred sixty-eight-l of this article and whether such sex offender shall be designated a sexual predator, sexually violent offender, or predicate sex offender as defined in subdivision seven of section one hundred sixty-eight-a of this article. At least thirty days prior to the determination proceeding, such court shall notify the district attorney and the sex offender, in writing, of the date of the determination proceeding and the court shall also provide the district attorney and sex offender with a copy of the recommendation received from the board and any statement of the reasons for the recommendation received from the board. This notice shall include the following statement or a substantially similar statement: "This proceeding is being held to determine whether you will be classified as a level 3 offender (risk of repeat offense is high), a level 2 offender (risk of repeat offense is moderate), or a level 1 offender (risk of repeat offense is low), or whether you will be designated as a sexual predator, a sexually violent offender or a predicate sex offender, which will determine how long you must register as a sex offender, where you may reside, work or travel, and how much information can be provided to the public concerning your registration. If you fail to appear at this proceeding, without sufficient excuse, it shall be held in your absence. Failure to appear may result in a longer period of registration or a higher level of community notification because you are not present to offer evidence or contest evidence offered by the district attorney." The court shall also advise the sex offender that he or she has a right to a hearing prior to the court's determination, that he or she has the right to be represented by counsel at the hearing and that counsel will be appointed if he or she is financially unable to retain counsel. A returnable form shall be enclosed in the court's notice to the sex offender on which the sex offender may apply for assignment of counsel. If the sex offender applies for assignment of counsel and the court finds that the offender is financially unable to retain counsel, the court shall assign counsel to represent the sex offender pursuant to article eighteen-B of the county law. If the district attorney seeks a determination that differs from the recommendation submitted by the board, at least ten days prior to the determination proceeding the district attorney shall provide to the court and the sex offender a statement setting forth the determinations sought by the district attorney together with the reasons for seeking such determinations. The court shall allow the sex offender to appear and be heard. The state shall appear by the district attorney, or
S. 1955 5
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, the mental hygiene law, the penal law and the social services law, in relation to the residence of a sex offender
Purpose or general idea of bill
This bill will reinforce and expand the current protections provided to our children from convicted sex offenders.
Summary of provisions
Section 1: Amends section 168-c of the Correction Law by adding a new subdivision (2a) to require the Division of Criminal Justice Services (DCJS), upon notification that a sex offender who has been released or discharged from a correctional facility, hospital, or local correctional facility or placed on probation, to confirm that the sex offender's proposed residence is not within an area considered to be school grounds or a playground.
Read the full memo (1,071 words)
Section 2: Amends subdivision 2 of section 168-d of the Correction Law to include residency, employment and travel restrictions to the Court's notice issued to the offender. This provides that the offender is noti- fied of the restrictions and requirements to which he or she will be subject in accordance with due process rights.
Section 3: Amends section 168-f of the Correction Law by adding a new subdivision (4a) prevent registered sex offenders who have already established a residence from changing their place of residence to within school grounds or a playground by requiring DCJS to confirm that the sex offender's proposed residence is not within an area considered to be school grounds or a playground.
Section 4: Amends subdivision 2 of section 168-k of the Correction Law by amending the notice given to out-of-state sex offenders relocating to New York to include a statement that the sex offender's level determi- nation may affect where the sex offender can reside, work or travel. Additionally, the Court's determination is required to include the prohibition against entering a zone that are either school grounds or a playground, as required by Penal Law section 62.10.
Section 5: Amends subdivision 3 of section 168-n of the Correction Law to include residency, employment and travel restrictions to the Court's notice issued to the offender. This provides that the offender is noti- fied of the restrictions and requirements to which he or she will be subject in accordance with due process rights.
Section 6: Amends subdivision 1 of section 203 of the Correction Law to require the Commissioner of the Department of Corrections and Community Supervision (DOCCS) to include the prohibition against placing a sex offender within an area that is considered to be school grounds or a playground in the rules and regulations promulgated to provide guidance regarding the placement of sex offenders.
Section 7: Adds a new section 209 to the Correction Law, which requires the Commissioner of DOCCS to promulgate regulations regarding the place- ment of Level 1 sex offenders who have been designated as sexual preda- tors, sexually violent offenders, or predicate sex offenders and such designation was based upon a conviction where victim was a child. These regulations must include the prohibition against placing a sex offender within an area that is considered to be school grounds or a playground.
Section 8: Amends section 259-c of the Executive Law to include all level two sex offenders in prohibition against entering an area consid- ered to be school grounds and to include playgrounds as prohibited areas.
Section 9: Amends section 243 of the Executive Law to require that the recommendations for placement rules, regulations and guidelines made by DCJS to the Commissioner of DOCCS include the prohibition against plac- ing a sex offender within an area that is considered to be school grounds or a playground.
Section 10: Amends Mental Hygiene Law section 10.11(a) to require the Court, before ordering the release of a person to a regime of strict and intensive supervision, shall include a condition that the respondent sex offender refrain from entering school grounds or playgrounds. Addi- tionally, DOCCS will be required to confirm that the respondent sex offender's proposed residence does not violate this new condition.
Section 11: Amends Penal Law section 10.00 to add a new subdivision 22 defining the term "playground" to mean any area, structure, playing field or building that is owned by a public agency or a not-for-profit organization, and that is designated and used as a recreational area. The term "playground" also includes any areas accessible to the public that are within 1000 feet of the real property boundary line comprising the playground. This is similar to the 1000 feet area for school grounds.
Section 12: Amends Penal Law section 65.10(4-a) to make conforming changed to the mandatory conditions for sex offenders which will include all level two sex offenders in prohibition against entering an area considered to be school grounds and to include playgrounds as an area in which entry by level two and level three sex offenders are prohibited from entering.
Section 13: Amends section 20 of the Social Services Law to provide that the Office of Temporary and Disability Assistance must amend its rules, regulations and guidelines for placement of sex offenders in shelters to provide that a sex offender shall not be placed in an area considered to be school grounds or a playground.
Section 14: Provides that this act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Current law
Current law prohibits level 3 sex offenders and certain level one and level two sex offenders from entering school grounds. Sex offenders are not prohibited from entering playgrounds.
Justification
This bill is designed to give children a further buffer from sexual offenders by preventing already convicted offenders from residing within 1000 feet of a school or a playground's real property boundary line. Our children should to be able to go to school and play on a playground without their parents having to worry that their child may fall victim to a previously convicted sex offender. The enactment of this bill is a necessary step towards ensuring the safety of our children and prevent- ing them from becoming targets of opportunity to criminals who already have proven themselves a danger to children.
Prior legislative history
2015-2016: A.7409-A/S.5000-B: Amend and Recommit to Correction.
2017-2018: A.1665/S.1769: Referred to Correction.
Fiscal implications
Minimal
Effective date
This act shall take effect on the first of November next succeeding the date on which 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.