New York Correction Code § 203

Regulations for release of certain sex offenders
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§ 203. Regulations for release of certain sex offenders. 1. The\ncommissioner shall promulgate rules and regulations that shall include\nguidelines and procedures on the placement of sex offenders designated\nas level two or level three offenders pursuant to article six-C of this\nchapter. Such regulations shall provide instruction on certain factors\nto be considered when investigating and approving the residence of level\ntwo or level three sex offenders released on presumptive release,\nparole, conditional release or post-release supervision. Such factors\nshall include the following:\n  (a) the location of other sex offenders required to register under the\nsex offender registration act, specifically whether there is a\nconcentration of registered sex offenders in a certain residential area\nor municipality;\n  (b) the number of registered sex offenders residing at a particular\nproperty;\n  (c) the proximity of entities with vulnerable populations;\n  (d) accessibility to family members, friends or other supportive\nservices, including, but not limited to, locally available sex offender\ntreatment programs with preference for placement of such individuals\ninto programs that have demonstrated effectiveness in reducing sex\noffender recidivism and increasing public safety; and\n  (e) the availability of permanent, stable housing in order to reduce\nthe likelihood that such offenders will be transient.\n  2. The department shall have the duty, prior to the release to\ncommunity supervision of an incarcerated individual designated a level\ntwo or three sex offender pursuant to the sex offender registration act,\nto provide notification to the local social services district in the\ncounty in which the incarcerated individual expects to reside, when\ninformation available or any other pre-release procedures indicates that\nsuch incarcerated individual is likely to seek to access local social\nservices for homeless persons. The department shall provide such notice,\nwhen practicable, thirty days or more before such incarcerated\nindividual's release, but in any event, in advance of such incarcerated\nindividual's arrival in the jurisdiction of such local social services\ndistrict.\n

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