New York S 3114: Relates to restricting sex offenders from residing in a community residence for the mentally disabled

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S03114 Summary:

BILL NOS03114 

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SAME ASNo Same As

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SPONSORHELMING

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COSPNSR

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MLTSPNSR

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Amd §§168-c, 168-f & 168-k, Cor L; amd §41.44 & 10.11, Ment Hyg L; amd §20, Soc Serv L

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Relates to restricting sex offenders from residing in a community residence for the mentally disabled.

Go to top S03114 Actions:

BILL NOS03114 

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01/23/2025REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

01/07/2026REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Go to topS03114 Committee&nbspVotes:

Go to topS03114 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03114 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3114

 2025-2026 Regular Sessions

 IN SENATE

 January 23, 2025
 ___________

 Introduced by Sen. HELMING -- 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 mental hygiene law and the
 social services law, in relation to restricting sex offenders from
 residing in a community residence for the mentally disabled

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 168-c of the correction law is amended by adding a
 2 new subdivision 2-a to read as follows:
 3 2-a. No sex offender released or discharged from a correctional facil-
 4 ity, hospital or local correctional facility or placed on probation
 5 shall reside in a community residence as defined in section 1.03 of the
 6 mental hygiene law.
 7 § 2. Section 168-f of the correction law is amended by adding a new
 8 subdivision 4-a to read as follows:
 9 4-a. A sex offender, after their discharge, parole or release from any
 10 correctional facility, hospital or local correctional facility or who
 11 has been placed on probation and who has established a residence shall
 12 not change said residence so as to reside in a community residence
 13 facility as defined in section 1.03 of the mental hygiene law.
 14 § 3. Section 168-k of the correction law is amended by adding a new
 15 subdivision 5 to read as follows:
 16 5. A sex offender who has established residence in this state pursuant
 17 to this section shall not reside in a community residence as defined in
 18 section 1.03 of the mental hygiene law.
 19 § 4. Section 41.44 of the mental hygiene law is amended by adding a
 20 new subdivision (d-1) to read as follows:
 21 (d-1) The commissioner shall deny sex offenders, as defined in section
 22 one hundred sixty-eight-a of the correction law, admission to residen-
 23 tial care centers for adults.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07198-01-5

 S. 3114 2

 1 § 5. Paragraph 1 of subdivision (a) of section 10.11 of the mental
 2 hygiene law, as amended by section 118-e of subpart B of part C of chap-
 3 ter 62 of the laws of 2011, is amended to read as follows:
 4 (1) Before ordering the release of a person to a regimen of strict and
 5 intensive supervision and treatment pursuant to this article, the court
 6 shall order that the department of corrections and community supervision
 7 recommend supervision requirements to the court. These supervision
 8 requirements, which shall be developed in consultation with the commis-
 9 sioner, may include but need not be limited to, electronic monitoring or
 10 global positioning satellite tracking for an appropriate period of time,
 11 polygraph monitoring, specification of residence or type [or] of resi-
 12 dence, prohibition of contact with identified past or potential victims,
 13 strict and intensive supervision by a parole officer, and any other
 14 lawful and necessary conditions that may be imposed by a court. Recom-
 15 mendations regarding residence or type of residence shall not include a
 16 community residence as defined in section 1.03 of this chapter. In addi-
 17 tion, after consultation with the psychiatrist, psychologist or other
 18 professional primarily treating the respondent, the commissioner shall
 19 recommend a specific course of treatment. A copy of the recommended
 20 requirements for supervision and treatment shall be given to the attor