N.Y. EXC. LAW § 259 : NY Code - Section 259: Division of parole; organization
Search N.Y. EXC. LAW § 259 : NY Code - Section 259: Division of parole; organization
1. There shall be in the
executive department of state government a state division of parole. The
chairman of the state board of parole shall be the chief executive
officer of the division. He shall appoint and shall have the power to
remove, in accordance with the provisions of the civil service law, all
officers and employees of the division, and shall prescribe their powers
and duties and fix their compensation within the amounts appropriated
therefor.
2. The chairman shall promulgate such regulations as are necessary and
proper for the efficient operation of the division. He shall have the
authority to contract with public or private agencies for the
performance of such functions as he deems necessary or desirable to
promote the efficient operation of the division and the fulfillment of
all lawful responsibilities of the division or employees thereof except
the functions defined in subdivisions three, four and five of section
two hundred fifty-nine-a of this article.
3. The chairman may, from time to time, create, abolish, transfer and
consolidate bureaus and other units within the division, not expressly
established by law as he may determine necessary for the efficient
operation of the division, subject to the approval of the director of
the budget.
4. The principal office of the division shall be in the county of
Albany.
5. The chairman shall promulgate rules and regulations which 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 the correction law. Such regulations shall instruct the
division of parole to consider certain factors 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.
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