BILL NUMBER: S637
SPONSOR: GALLIVAN
 
TITLE OF BILL:
An act to amend the mental hygiene law, in relation to notice of trans-
fer of sex offender to community program or residence
 
PURPOSE:
This bill requires that where a sex offender is transferred to a commu-
nity program or residence, the Commissioner must notify the chief execu-
tive officer of any municipality where the transfer was made and the
superintendent of schools in which such facility is located.
 
SUMMARY OF PROVISIONS:
Section 1 amends section 13.09 of the mental hygiene law to add a new
subdivision that requires the Commissioner to provide additional notifi-
cation when a sex offender is transferred to a community program or
residence. The Commissioner must notify both the chief executive officer
of any municipality where the sex offender was transferred and the
superintendent of schools in which such facility is located. This
section also provides that notice must be given no later than ten calen-
dar days prior to such transfer.
Section 2 states that this act shall take effect immediately.
 
JUSTIFICATION:
This bill changes the current law to require the Commissioner to notify
the chief executive officer of any municipality where a sex offender is
transferred to a community program or residence within that munici-
pality. The Commissioner is also required to notify the superintendent
of schools in which such facility is located. Notice must be given no
later than ten calendar days prior to such transfer. Local officials
should be aware of the transfer of sex offenders into a community
program or residence within their municipality before the move is made
so that they have time to properly address security concerns, public
concerns, and any other issues that may accompany the transfer.
 
LEGISLATIVE HISTORY:
2023-24: S.249 Referred to Disabilities
2021-22: S.1716 Referred to Disabilities
2019-20: S.718 Referred to Mental Health and Developmental Disabilities
2017-18: S.2132/A.8522Passed Senate/Referred to Mental Health
2015-16: S.396/A.3653Passed Senate/Referred to Mental Health
2013-14: S.7064/A.9632Referred to Mental Health and Developmental
Disabilities/Referred to Mental Health
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S637: 13.09 mental hygiene law