NY A03929

Establishes residency restrictions for sex offenders classified as level 2 or 3 who were convicted of felonies requiring registration, prohibiting them from knowingly establishing permanent residence within 1,000 feet of school grounds.

Requires courts to apply specific guidelines when determining whether to impose residency restrictions, considering factors including offender reentry success, public safety needs, housing stability, access to treatment programs, employment prospects, and whether the offense involved a minor victim.

Limits residency restrictions to a maximum of 10 years from the offender's release from incarceration or expiration of probation/parole, with extensions of up to 5 years permitted if the district attorney petitions and proves new facts warrant extension by clear and convincing evidence.

Allows sex offenders subject to residency restrictions to petition courts annually for modification or termination, with the offender bearing the burden of proof by clear and convincing evidence; allows district attorneys to petition for extensions prior to restriction expiration.

Preempts and invalidates all local laws and ordinances requiring sex offender residency restrictions, reserving this authority exclusively to the state; permits district attorneys to file petitions for existing offenders at liberty or incarcerated within one year of the law's effective date.