What's happening
This bill requires the state to create and designate specific residential placements for registered sex offenders with developmental disabilities, with special staffing and law enforcement coordination.
Why it matters
Creates specialized residential facilities for developmentally disabled individuals who are also registered sex offenders, rather than placing them in general group homes. this aims to address specific supervision, treatment, and safety needs that may be unmet in standard settings.
Directs the state to determine and distribute these facilities geographically. , ensuring that such placements are available statewide and not concentrated in only a few areas, which could affect community resources and local opposition.
Mandates development of specialized staffing requirements and training. , acknowledging that staff in these placements will need additional skills and resources to balance resident care with supervision and safety for both residents and the community.
Requires coordination with local law enforcement during transitional care. , which could improve monitoring and public safety, but may also raise concerns about privacy, stigma, and the effectiveness of community integration for these individuals.
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Who cares
Headline styles
Separate Housing for Sex Offenders
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to mental health and developmental disabilities
- Print number 2028a
- Amend and recommit to mental health and developmental disabilities
- Referred to mental health and developmental disabilities
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.
Separate Housing for Sex Offenders
In Assembly Committee · Mental Health · Sponsor Carrie Woerner
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2028--A
2019-2020 Regular Sessions
IN SENATE
January 18, 2019
Introduced by Sens. LITTLE, JORDAN -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the mental hygiene law, in relation to placement of registered sex offenders by the office for people with developmental disabilities
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The mental hygiene law is amended by adding a new section 13.38-a to read as follows: § 13.38-a Placement of registered sex offenders.
1. For purposes of this section, the term "registered sex offender" shall mean all registered sex offenders pursuant to article six-C of the correction law, except for a level one sex offender who has not been designated as a sexual predator, a sexually violent offender, or a predicate sex offender.
2. The office shall designate specific residential placements for individuals with developmental disabilities who are registered sex offenders. The office shall determine how many residential placements for individuals who are registered sex offenders are necessary to provide adequate services to such individuals and shall ensure that the location of such residential placements are geographically disbursed throughout the state.
3. Notwithstanding any inconsistent provision of law, the office shall not permit or cause the placement of any registered sex offender in any residential placement other than specifically designated residential placements for registered sex offenders as provided in subdivision one of this section. Provided, however, this subdivision shall not apply to registered sex offenders who have already been successfully placed by
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01265-04-9
S. 2028--A 2
the office in a residential placement for individuals with developmental disabilities.
4. The office shall develop a staffing model for such residential placements for registered sex offenders which shall include, but shall not be limited to, an adequate staff to resident ratio and appropriate training, to ensure the safety and well-being of the residents.
5. Transitional care provided to such registered sex offenders with developmental disabilities shall include outreach by the office to local law enforcement.
§ 2. This act shall take effect on the one hundred eightieth 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 mental hygiene law, in relation to placement of registered sex offenders by the office for people with developmental disabilities
Purpose
This bill provides that registered sex offenders with developmental disabilities, except for a level one sex offender who has not been designated as a sexual predator, a sexually violent offender, or a pred- icate sex offender, shall not be placed in the same assisted living facilities as the general population of individuals with developmental disabilities.
Summary of provisions
Section 1 directs OPWDD to establish separate homes for individuals with developmental disabilities who are registered sex offenders with adequate accommodations, staff, and safety, and establishes that regis- tered sex offenders with developmental disabilities shall never be placed in a home with the general population of individuals with devel- opmental disabilities. For the purposes of this section a "registered sex offender" is defined as all registered sex offenders pursuant to article six-c of the correction law, except for a level one sex offender who has not been designated as a sexual predator, a sexually violent offender, or a predicate sex offender.
Section 2 establishes the effective date.
Justification
In September 2018 families with relatives who live in a state-run home for the developmentally disabled were notified that a Level 2 sex offen- der would be placed in the home after being released from prison. The registered sex offender had been convicted of third degree rape in both 2011 and 2014.
Individuals with developmental disabilities greatly benefit from assisted living facilities where they are provided with care and inter- action outside of their immediate families. Placing a registered sex offender within those same homes could significantly disrupt the daily activities of the home and create legitimate safety concerns for the families of the individuals who already reside therein.
This legislation would allow OPWDD to fulfill its responsibility to place registered sex offenders with developmental disabilities in homes with adequate care while protecting the general population of individ- uals with developmental disabilities from them. Creating a separate space for individuals with development disabilities from those convicted of sex crimes would allow both populations to be properly cared for while providing peace of mind to all parties involved.
Legislative history
2017-18: S.9169/A.11357: Referred Rules; Referred Mental Health
Fiscal implications
To be determined.
Effective date
This act shall take effect on the one hundred eightieth 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.