New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle CC - Division of Parole › Part 8002 - Parole Release › Section 8002.7 - Guidelines and procedures for the placement of certain sex offenders in the community

Current through Register Vol. 46, No. 28, July 10, 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.