What's happening
This bill establishes statewide court-imposed residency restrictions for certain felony sex offenders, preempting local laws and outlining procedures for restrictions and appeals.
Why it matters
Establishes uniform state-level rules for imposing residency restrictions on certain felony sex offenders, replacing a patchwork of local laws. This means affected individuals will be subject to the same standards statewide, rather than varying (and sometimes conflicting) restrictions depending on local jurisdiction, which can be confusing and lead to legal challenges.
Residency restrictions are not automatic and must be individually assessed and imposed by the courts using specific guidelines. Courts must consider factors such as public safety, likelihood of reoffense, reintegration needs, housing stability, access to treatment, and whether the crime involved a minor, ensuring a case-by-case approach rather than broad, indiscriminate bans.
Provides due process and avenues for modification or termination of restrictions, as well as appeal rights for both the offender and the district attorney. Offenders or prosecutors can petition for changes or extensions to residency restrictions, and both sides must meet clear and convincing evidence standards, balancing community safety with offenders’ rights and rehabilitation prospects.
Preempts and invalidates all local residency restriction laws, both existing and future, centralizing authority at the state level. This eliminates the legal uncertainty and potential for overlapping or contradictory local ordinances, and may affect current municipal policies and the ability of local governments to enact new restrictions.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Level 2 and level 3 sex offenders convicted of registrable felonies
Courts could bar them from establishing a permanent home within up to 1,000 feet of school grounds, with temporary and transitional housing excluded.
Municipal governments
The bill would invalidate existing local sex offender residency restrictions and prohibit new ones, while preserving enforcement of lawful probation conditions.
Board of Examiners of Sex Offenders, courts and district attorneys
They would assess or litigate individualized residency restrictions using factors including public safety, stable housing, treatment access and employment.
Child victims of registrable sex offenses
The bill would allow orders of protection to last until they turn 18 when that is longer than the otherwise applicable limit.
Headline styles
Restrict Sex Offender Housing
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 32
1 Co-sponsor
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.
Limit Sex Offender Housing
In Assembly Committee · Correction · Sponsor David Weprin
Full text
14 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2672
2019-2020 Regular Sessions
IN SENATE
January 28, 2019
Introduced by Sen. SEPULVEDA -- 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 penal law, the executive law and the criminal procedure law, in relation to establishing residency restrictions for sex offenders
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (f) of subdivision 1 of section 168-b of the correction law, as relettered by chapter 10 of the laws of 2003, is relettered paragraph (g) and a new paragraph (f) is added to read as follows:
(f) If the sex offender has been given a level 2 or 3 designation and stands convicted of a felony which requires registration pursuant to this article, whether such offender is subject to a residency restriction pursuant to section one hundred sixty-eight-w of this article.
§ 2. Section 168-b of the correction law is amended by adding a new subdivision 13 to read as follows:
13. The division, upon initial registration and thereafter in annual correspondence as required by subdivision four of this section, shall advise each sex offender who is subject to a residency restriction pursuant to section one hundred sixty-eight-w of this article, concerning the term's specific duration and the accurate termination date of such restriction.
§ 3. 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07210-01-9
S. 2672 2
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 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 and how much information can be provided to the public concerning your registration. If you are classified as a level 2 or level 3 offender for a felony sex offense, the court may also determine whether you will be subject to a residency restriction which may restrict where you can establish your permanent residence. 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
S. 2672 3
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 and, when determining the level of notification and applying the guidelines established in subdivision five-a of section one hundred sixty-eight-l of this article, whether a sex offender, classified as a level 2 or level 3 offender who stands convicted of a felony which requires registration pursuant to this article, will be subject to a residency restriction pursuant to section one hundred sixty-eight-w 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 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. 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 fifty-seven 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.
§ 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
S. 2672 4
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 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 and, when determining the level of notification and applying the guidelines established in subdivision five-a of section one hundred sixtyeight-l of this article, whether a sex offender, classified as a level 2 or level 3 offender who stands convicted of a felony which requires registration pursuant to this article, will be subject to a residency restriction pursuant to section one hundred sixty-eight-w 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 and, when determining the level of notification and applying the guidelines established in subdivision five-a of section one hundred sixty-eight-l of this article, whether a sex offender, classified as a level 2 or level 3 offender who stands convicted of a felony which requires registration pursuant to this article, will be subject to a residency restriction pursuant to section one hundred sixty-eight-w 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 and how much information can be provided to the public concerning your registration. If you are classified as a level 2 or level 3 offender for a felony sex offense, the court may also determine whether you will be subject to a residency restriction which may restrict where you can establish your permanent residence. 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
S. 2672 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 penal law, the executive law and the criminal procedure law, in relation to establishing residency restrictions for sex offenders
Purpose or general idea of bill
This legislation would allow the sentencing court to impose a restriction on the location of a sex offender's permanent residence in cases where the court believes such a restriction in necessary.
Summary of specific provisions
This bill would give sentencing courts the ability to impose a residency restriction on level 2 and 3 sex offenders who have been convicted of a felony sex offense. The court, according to guidelines developed by the Board of Sex Offender Examiners, would impose such a restriction at the same time it determines the level of notification for an offender under the existing provisions of the Sex Offender Registration Act. The resi- dency restriction would restrict an offender from establishing a resi- dence within up to 1000 feet of a school and would last for a period of 10 years after release from prison or jail or termination of probation or parole supervision, whichever is later. The bill would allow the district attorney to petition the court to extend the residency restriction.
The bill would also allow a court to extend the duration of an order of protection where the conviction was for an offense for which registra- tion as a sex offender is required and the victim such offense was under the age of eighteen.
Justification
Over the last several years, numerous localities have enacted local ordinances establishing residency restrictions for sex offenders. The goal of these restrictions is to keep registered sex offenders from establishing a residence in close proximity to school grounds. These laws generally take a "one size fits all" approach imposing a residency restriction on all offenders regardless of the nature of their offense or the collateral consequences of such restriction on the offender's ability to locate stable housing and participate in treatment.
Additionally, the patchwork of local ordinances causes confusion and drives offenders to certain communities that have not yet enacted such laws causing an over-concentration of offenders in particular neighbor- hoods. Therefore, this bill would provide the court with the discretion to determine when a residency restriction is appropriate and necessary. The court's decision would be informed by guidelines established by the Board of Sex Offenders Examiners and based on an individual's behavior and risk of re-offense.
Prior legislative history
A11751 referred to correction in 2008. A3662 was referred to correction in 2009-2010. A3655 was referred to correction in 2011 and 2012. A4873 was referred to correction in 2013 and 2014. A614 was referred to correction in 2015 and 2016. A4035 was referred to correction in 2017 and 2018.
Fiscal implications for state and local governments
Not yet determined.
Effective date
This act shall take effect immediately, provided that the amendments to the opening paragraph of subdivision 4 of section 530.13 of the criminal procedure law made by section sixteen of this act shall be subject to the expiration and reversion of such paragraph pursuant to section 74 of chapter 3 of the laws of 1995, as amended, when upon such date the
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.