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NY A08270
Bill
Status
8/25/2021
Primary Sponsor
David Weprin
Click for details
AI Summary
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Establishes residency restrictions for level 2 and level 3 sex offenders convicted of felonies requiring registration, prohibiting them from establishing permanent residence within 1,000 feet of school grounds.
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Courts must apply specific guidelines when determining residency restrictions, considering factors including the offender's reintegration into society, public safety, housing stability, access to treatment programs, employment prospects, and whether the offense involved a minor.
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Residency restrictions cannot exceed 10 years from the offender's release from incarceration or end of probation/parole, with extensions up to 5 additional years possible upon district attorney petition with clear and convincing evidence.
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Sex offenders may petition annually to modify or terminate residency restrictions, and district attorneys may petition to extend them; both parties have appeal rights and counsel is provided to those financially unable to retain it.
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Preempts all local laws, ordinances, and regulations requiring sex offender residency restrictions enacted after the bill's effective date, while permitting local probation departments to enforce lawful conditions of probation.
Legislative Description
Allows a district attorney to file a petition to seek the imposition of residency restrictions for certain sex offenders; allows a sex offender subject to a residency restriction to petition the court which imposed such restriction for an order terminating or modifying such residency restriction.
Last Action
referred to correction
1/5/2022