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 365.3 - Statement of purpose

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 of 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 services 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
				  services 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.