New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES
Chapter III - Sex Offender Management
Part 365 - Sex Offender Housing Procedural Guidelines
Section 365.4 - Procedures
Current through Register Vol. 46, No. 12, March 20, 2024
(a) When investigating and/or approving a residence of any such SORA Level 2 or 3 probationer, the probation department shall consider the following:
In addition, probation departments should consider the following factors when information is available to them:
(b) The probation department should summarize its findings and make a recommendation to the court as to the appropriateness of the probationer's residence or proposed residence based on the aforementioned factors, the consideration of the probationer's legal history, adherence to any existing terms and conditions of probation supervision, and compliance with SORA, where applicable. In making a recommendation the probation department should consider all factors, and not consider any one factor as dispositive.
(c) Whenever a probation department is supervising a SORA Level 2 or 3 probationer and the individual seeks to relocate to another residence, the department should conduct an investigation and consider the aforementioned factors. Where judicial approval is required or desired, the probation department should summarize its findings to the court of jurisdiction and make a recommendation to the court as to the appropriateness of the proposed residence based on the factors and consideration of his/her legal history, adherence to terms and conditions of probation supervision, and compliance with SORA.
(d) Where a probation department learns of a probationer's change of address and where this has occurred without prior notification, the department should conduct an investigation. It should evaluate the appropriateness of the new residence and whether a violation of probation should be considered. Where judicial approval and/or action is required or desired, the department should summarize its findings to the court of jurisdiction and make a recommendation to the court as to the appropriateness of the residence or proposed residence based on the factors and consideration of his/her legal history, adherence to terms and conditions of probation supervision, and compliance with SORA.