N.Y. Comp. Codes R. & Regs. tit. 9 § 365.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 365.4 - Procedures

(a) When investigating and/or approving a residence of any such SORA Level 2 or 3 probationer, the probation department shall consider the following:

(1) the location of other sex offenders required to register under SORA, specifically whether there is a concentration of registered sex offenders in a certain residential area or municipality;

(2) the number of registered sex offenders residing at a particular property;

(3) the proximity of entities with vulnerable populations;

(4) 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

(5) the availability of permanent, stable housing in order to reduce the likelihood that any such probationer will be transient.

In addition, probation departments should consider the following factors when information is available to them:

(i) known victim(s) address(es), age(s), and any relationship(s) to the probationer;

(ii) known existence of and adherence to any order of protection(s) against the probationer and restrictions as to residence/distance;

(iii) known presence of persons under the age of 18 in the residence or proposed residence.

(b) The probation department should summarize its findings and make a recommendation to the court as to the appropriateness of the probationer's residence or proposed residence based on the aforementioned factors, the consideration of the probationer's legal history, adherence to any existing terms and conditions of probation supervision, and compliance with SORA, where applicable. In making a recommendation the probation department should consider all factors, and not consider any one factor as dispositive.

(c) Whenever a probation department is supervising a SORA Level 2 or 3 probationer and the individual seeks to relocate to another residence, the department should conduct an investigation and consider the aforementioned factors. Where judicial approval is required or desired, the probation department should summarize its findings to the court of jurisdiction and make a recommendation to the court as to the appropriateness of the proposed residence based on the factors and consideration of his/her legal history, adherence to terms and conditions of probation supervision, and compliance with SORA.

(d) Where a probation department learns of a probationer's change of address and where this has occurred without prior notification, the department should conduct an investigation. It should evaluate the appropriateness of the new residence and whether a violation of probation should be considered. Where judicial approval and/or action is required or desired, the department should summarize its findings to the court of jurisdiction and make a recommendation to the court as to the appropriateness of the residence or proposed residence based on the factors and consideration of his/her legal history, adherence to terms and conditions of probation supervision, and compliance with SORA.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 365.4