N.Y. Correction Law § 203: Regulations for release of certain sex offenders

§ 203. Regulations for release of certain sex offenders. 1. The

commissioner shall promulgate rules and regulations that shall include

guidelines and procedures on the placement of sex offenders designated

as level two or level three offenders pursuant to article six-C of this

chapter. Such regulations shall provide instruction on certain factors

to be considered when investigating and approving the residence of level

two or level three sex offenders released on presumptive release,

parole, conditional release or post-release supervision. Such factors

shall include the following:

(a) the location of other sex offenders required to register under the

sex offender registration act, specifically whether there is a

concentration of registered sex offenders in a certain residential area

or municipality;

(b) the number of registered sex offenders residing at a particular

property;

(c) the proximity of entities with vulnerable populations;

(d) accessibility to family members, friends or other supportive

services, including, but not limited to, locally available sex offender

treatment programs with preference for placement of such individuals

into programs that have demonstrated effectiveness in reducing sex

offender recidivism and increasing public safety; and

(e) the availability of permanent, stable housing in order to reduce

the likelihood that such offenders will be transient.

2. The department shall have the duty, prior to the release to

community supervision of an incarcerated individual designated a level

two or three sex offender pursuant to the sex offender registration act,

to provide notification to the local social services district in the

county in which the incarcerated individual expects to reside, when

information available or any other pre-release procedures indicates that

such incarcerated individual is likely to seek to access local social

services for homeless persons. The department shall provide such notice,

when practicable, thirty days or more before such incarcerated

individual's release, but in any event, in advance of such incarcerated

individual's arrival in the jurisdiction of such local social services

district.