What's happening
The bill prohibits level three sex offenders from being paroled to residences within 1,000 feet of a school.
Why it matters
Expands restrictions on where level three sex offenders can live after being paroled. , specifically banning them from residing within 1,000 feet of a school, which could significantly limit available housing options for this group.
Targets individuals assessed as the highest risk for reoffending. (level three), reflecting an effort to prioritize public safety and reduce potential threats to children and school communities.
May increase challenges for parole officers and reentry programs. , as they will need to ensure compliance with the new residential restrictions and may face difficulties finding suitable placements for parolees.
Could impact recidivism and reintegration outcomes. , as housing instability is linked to higher rates of reoffense, and the law might inadvertently make successful reentry into society more difficult for affected individuals.
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Who cares
Level three sex offenders released on parole or conditional release
The bill would clarify that their designation independently triggers the mandatory restriction on knowingly entering school grounds and specified facilities serving minors.
State Board of Parole and parole officers
The board would impose the entry restriction, while parole officers would retain a role in authorizing limited visits under the listed exceptions.
School superintendents and administrators of facilities serving minors
They would retain authority to jointly authorize limited entry with a parole officer for qualifying students, participants, employees or people with enrolled family members.
Headline styles
Ban Sex Offender Housing Near Schools
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to crime victims, crime and correction
- Returned to senate
- Died in assembly
- Referred to correction
- Delivered to assembly
- Passed senateVote 62–0
- Ordered to third reading cal.1559
- Committee discharged and committed to rules
- Referred to crime victims, crime and correction
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5570
2019-2020 Regular Sessions
IN SENATE
May 7, 2019
Introduced by Sen. MARTINEZ -- 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 executive law, in relation to prohibiting individuals designated as level three sex offenders from being paroled to residences that are within one thousand feet from a school
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. 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] where a person has been designated a level three sex offender pursuant to subdivision six of section one hundred sixtyeight-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, 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 superinten-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11132-01-9
S. 5570 2
dent 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.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to prohibiting individuals designated as level three sex offenders from being paroled to residences that are within one thousand feet from a school
Purpose
This legislation will clarify that any level three sex offender shall not be paroled to residences within 1000 feet from a school.
Summary of provisions
Section 1. Amend subdivision 14 of section 259-c of the executive law by changing "such" to "where a"
Section 2. Effective Date.
Justification
In February 2019, the Fourth District Appellate Division Court reversed a judgment in which the Supreme Court denied a petitioner's application for immediate release from custody. This petitioner was a "level three" sex offender who was servicing a sentence on an unrelated burglary charge. He was granted parole, subject to various terms including complying with the Sexual Assault Reform Act (SARA). SARA prohibits "level three" sex offenders released on parole to live within 1000 feet of school grounds.
The Fourth District Appellate Division ruled that on the merits of the case, the current law only requires level three sex offenders to comply with SARA housing regulations when the individual is serving time for the underlying sex offense, and not subsequent unrelated crimes.
The Fourth District Appellate Division Court specifically mentioned in their decision that another Appellate Division Court, Third District, in 2018, reviewed the legislative intent of SARA. The Third District found the legislative intent to restrict all "level three" sex offenders from being released on parole within 1000 feet of a school and dismissed a similar petition in which a "level three" sex offender sought immediate release. Letters from the Department of Education and the Unified Court System for the 2005 amendment, which added "level three" sex offenders to SARA, support the interpretation to include all "level three" sex offenders.
Given the disagreement within the Appellate Division Courts in New York State, this legislation seeks to clarify that the intent of SARA is to limit all "level three" sex offenders eligible on parole from being released into housing within 1000 feet of school grounds. This is a public safety concern and the loophole of allowing some "level three" sex offenders on parole must be closed.
Prior legislative history
None.
Fiscal implications
To be determined.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.