Current through Register Vol. 46, No. 12, March 20, 2024
(a)
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.
(b) 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.
(c) 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.
(d) 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:
(1) 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;
(2) all reasonable efforts should be made in
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 service 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;
(3) all social
service districts are required by statute, regulation and directive to arrange
temporary housing assistance for eligible homeless individuals, including those
who are sex offenders;
(4) 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;
(5) 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;
(6) 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.
(e) Division of Parole staff shall apply the
following guidelines to the placement of a sex offender in the community upon
their release from a New York State correctional facility when such offender
has been designated as a Level 2 or Level 3 offender pursuant to New York State
Sex Offender Registration Act, i.e., Correction Law article 6-C. These
guidelines recognize that the placement of a sex offender within a community is
a considerable undertaking given the shortage of affordable housing in many
communities, State law restricting the location of certain sex offenders in the
community and the movement of individuals subject to registration as a sex
offender. Under these guidelines, the Division of Parole, through a community
preparation process of investigation, seeks to enhance public safety and
facilitate the successful re-entry of offenders into their communities and
effect the successful placement of eligible offenders into residential services
that can address identified needs.
(f) Persons to be released on presumptive
release, parole, conditional release or post-release supervision.
(1) Division of Parole staff will investigate
the proposed release program of all Level 2 and Level 3 sex offenders being
released to the division's jurisdiction from any New York State correctional
facility with the objective of attaining the optimum residential placement that
is available with the community proposed by the offender. As appropriate, such
investigation shall include but not be limited to, consideration being given to
the following factors:
(i) the sex offender's
level of risk;
(ii) the
applicability of Executive Law section 259-c(14);
(iii) the proximity of entities with
vulnerable populations;
(iv) the
location of other sex offenders required to register under the Sex Offender
Registration Act, specifically whether there is a concentration of registered
sex offenders in a certain residential area or municipality;
(v) the number, if any, of registered sex
offenders at a particular property;
(vi) 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
(vii) the availability of permanent, stable
housing in order to reduce the likelihood that such offenders will be
transient.
(2) The
approval of a residential placement by Division of Parole staff will take into
consideration:
(i) all relevant case
information, including but not limited to the offender's criminal history and
present crime of conviction;
(ii)
the investigation factors set forth in subparagraphs (1)(i) through (vi) of
this subdivision; and
(iii) if
applicable, the structure of the supervision plan and the services to be
afforded through either the Division of Parole or some other entity within the
offender's community;
(iv) no one
factor shall be considered dispositive.
(g) Persons released on presumptive release,
parole, conditional release, post-release supervision or by maximum expiration
of sentence where notice was provided to a local social services district
pursuant to Executive Law section 259-c(17).
(1) When the Division of Parole is notified
by a local social services district of its determination that a Level 2 or
Level 3 sex offender for whom a notice pursuant to Executive Law section
259-c(17) was received by such district is in immediate need of shelter, and an
investigation and approval of the potential residential placement by the
Division of Parole is required, the division shall investigate the district's
proposed placement in accord with the factors set forth in subdivision (f) of
this section. Following such investigation, the Division of Parole shall
provide the local social services district with the results of its
investigation and its approval or disapproval of the proposed
placement.
(2) When an
investigation by the Division of Parole is impracticable within the timeframe
necessary for the local social services district to meet the immediate housing
need of the offender, such investigation shall be completed within 48 hours of
the division's receipt of the local social services district's notice that such
residential placement was necessary.
(i) The
Division of Parole's investigation of a local social services district's
immediate residential placement determination will take into consideration the
factors set forth in subdivision (f) of this section. Following such
investigation, the Division of Parole shall provide the local social services
district with the results of its investigation and its approval or disapproval
of the proposed placement.