New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter B - Public Assistance
Article 1 - Determination of Eligibility-General
Part 352 - Standards of Assistance
Section 352.36 - Factors when providing temporary housing assistance to certain sex offenders
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 352.36
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Statement of purpose.
(1) Chapter 568 of the Laws of 2008
requires the Division of Parole (DOP), the Division of Probation and
Correctional Alternatives (DPCA), and the Office of Temporary and Disability
Assistance (OTDA) to promulgate regulations to provide guidance concerning the
placement and/or approval of housing for certain sex offenders.
(2) The State has previously enacted laws
concerning sex offenders, including the Sex Offender Registration Act, the Sex
Offender Management and Treatment Act, the Electronic Security and Targeting of
On-Line Predators Act (e-STOP) and laws restricting certain sex offenders who
are under probation or parole supervision from entering school grounds. Chapter
568 of the Laws of 2008 continues the State's efforts in the area of sex
offender management and specifically in the area of the placement and housing
of sex offenders. Sex offender management, and the placement and housing of sex
offenders, are areas that have been, and will continue to be, matters addressed
by the State. These regulations further the State's coordinated and
comprehensive policies in these areas, and are intended to provide further
guidance to relevant State and local agencies in applying the State's
approach.
(3) Public safety is a
primary concern, and these regulations are intended to better protect children,
vulnerable populations and the general public from sex offenders. The State's
coordinated and comprehensive approach also recognizes the necessity to provide
emergency shelter to individuals in need, including those who are sex
offenders, and the importance of stable housing and support in allowing
offenders to live in and re-enter the community and become law-abiding and
productive citizens. These regulations are based upon, and are intended to
further, best practices and effective strategies to achieve these
goals.
(4) In implementing this
statute and the State's comprehensive approach, DOP, DPCA, OTDA and the
Division of Criminal Justice Services' Office of Sex Offender Management
(DCJS/OSOM) recognize that:
(i) Not all sex
offenders are equally dangerous. Some sex offenders may pose a high risk of
committing a new sexual crime; others may pose only a low risk.
(ii) All reasonable efforts should be made to
avoid an ill-advised concentration of sex offenders in certain neighborhoods
and localities. What constitutes such a concentration will depend on many
factors, and may vary depending on housing availability and the locality and
community. In addition, it is sometimes safer to house sex offenders together.
Law enforcement, probation, and parole officers may more effectively monitor
offenders, and service providers may more easily offer transitional services to
offenders in these congregate settings. Further, some social services officials
and departments rely on congregate housing for sex offenders who seek emergency
shelter because of the limited, or lack of other housing options available for
this population. All public officials who are responsible for finding or
approving housing for sex offenders should recognize that an over-concentration
of sex offenders may create risks and burdens on the surrounding community, and
that their responsibility is to make judgments that are reasonable under the
circumstances.
(iii) All social
services districts are required by statute, regulation and directive to arrange
temporary housing assistance for eligible homeless individuals, including those
who are sex offenders.
(iv) To
reduce recidivism it is important that offenders be able to re-enter society
and become productive and law-abiding citizens whenever possible. A stable
living situation and access to employment and support services are important
factors that can help offenders to successfully re-enter society.
(v) Maintaining and/or finding suitable
housing for sex offenders is an enormous challenge that impacts all areas of
the State. Offenders reside in all regions of the State and may have
long-established residences in their respective communities. Even offenders who
do not have such long-established relationships are often discharged from
prison to the community where they previously lived. As a result, it is not
appropriate for any one community or county to bear an inappropriate burden in
housing sex offenders because another community has attempted to shift its
responsibility for those offenders onto other areas of the State. The
proliferation of local ordinances imposing residency restrictions upon sex
offenders, while well-intentioned, have made it more challenging for the State
and local authorities to address the difficulties in finding secure and
appropriate housing for sex offenders.
(vi) Decisions as to the housing and
supervision of sex offenders should take into account all relevant factors and
no one factor will necessarily be dispositive. These factors should include,
but not be limited to, the factors enumerated in the statute, the risk posed by
the offender, the nature of the underlying offense, whether housing offenders
together or apart is safer and more feasible, the most effective method to
supervise and provide services to offenders, and the availability of
appropriate housing, employment, treatment and support.
(b) Applicability and factors.
(1) When a social services district has
received advance written notice, pursuant to section 259-c (17) of the
Executive Law, that an inmate who is designated a level two or level three sex
offender pursuant to the sex offender registration act is likely to seek to
access local social services for homeless persons, and such individual is
determined by the social services district to be in immediate need of shelter,
the local social services officials shall consider the following factors when
making a determination in regard to the placement of such individual in
shelter, provided that the individual is otherwise eligible for temporary
housing assistance:
(i) the location of other
sex offenders required to register pursuant to the sex offender registration
act, specifically whether there is a concentration of registered sex offenders
in a certain residential area or municipality;
(ii) the number of registered sex offenders
residing at a particular property;
(iii) proximity of the entities with
vulnerable populations;
(iv)
accessibility to family members, friends or other supportive services,
including but not limited to locally available sex offender treatment programs
with preference for placement of such individuals into programs that have
demonstrated effectiveness in reducing sex offender recidivism and increasing
public safety; and
(v)
investigation and approval of such placement by the State Division of
Parole.
(2) When one or
more of the factors set forth in paragraph (1) of this subdivision are not
relevant or not practicable in determining a placement for such individual,
within the timeframe necessary to meet the immediate need for shelter, the
local social services officials shall place the individual in the most
appropriate available shelter.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
