Suffolk County Homeless Sex Offender Report

COUNTY OF SUFFOLK

Department of Social Services

Janet DeMarzo, Commissioner Edward Hernandez, Deputy Commissioner, Task Force Chairperson

SUFFOLK COUNTY TASK FORCE ON HOMELESS SEX OFFENDERS: FINAL REPORT, January, 2005

Registered homeless sex offenders residing in Suffolk County have been the subject of many recent headlines. Prior to the enactment of the Sex Offender Registry Act (SORA) in January, 1996 sex offenders lived in relative obscurity. SORA provided a mechanism that required sex offenders to register with the State and provided information to the public about certain sex offenders living in their communities. Sex offenders are classified as low risk (Level 1), moderate risk (Level 2) or high risk (Level 3).

The placement of homeless sex offenders had been handled quietly within the guidelines set down by state and local government. The Suffolk County Department of Social Services was examining the issue of sex offenders being released from jail without adequate housing and community supports. The recent publicity of issues surrounding the placement of sex offenders has taken the emergency placement of sex offenders to crisis-like proportions.

The Suffolk County Department of Social Services (SCDSS) has convened a task force to attempt to find answers regarding the emergency housing of sex offenders in Suffolk County. While SCDSS has taken a leadership role, participants include the Suffolk County Police Department, Probation, County Attorney and Mental Hygiene Services as well as the New York State Division of Parole and Office of Temporary and Disability Assistance. The following report details the work of the task force and research into the scope of the problem, coordination that is necessary between agencies, and the options that may be available.

THE ORIGINS OF THE PROBLEM

The New York State Office of Temporary and Disability Assistance (OTDA) requires that social services districts assist "eligible homeless persons." If an eligible homeless sex offender requests placement in emergency housing from SCDSS, they must be placed. The specific requirements are set forth in ADM 94-20. Sex Offenders can enter the homeless system in several ways. The procedures established are no different for sex offenders than for any person convicted of a crime. A sex offender can be released from a State Prison without housing resources. The New York State Division of Parole requires the sex offender to appear at the Suffolk County Department of Social Services to present themselves as being homeless. A parallel procedure is followed by the Suffolk County Department of Probation for sex offenders released from the County jail. Sex offenders can also enter the homeless system when their existing housing is no longer available. This can happen in the course of normal landlord-tenant relations, or the person they are residing with no longer wants them to live there, or they can no longer live in their current residence due to restrictions placed upon them by the criminal justice system.

REGISTRATION AND NOTIFICATION PROCEDURES

Clients that enter the social services system, which include sex offenders, are governed by strict rules regarding the release of information. Except in limited circumstances, Section 136 of the New York State Social Services Law specifically prohibits the disclosure of client information. This includes whether a person has applied for, is receiving or has received temporary assistance, or from disclosing personal information provided to social services officials by public assistance applicants or recipients. The Department of Social Services is therefore prohibited from disclosing the location of persons receiving temporary housing assistance or information such as an applicant or recipient's sex offender status.

Sex offenders, as a result of SORA, regardless of designation level are required to register with the NYS Division of Criminal Justice Services (DCJS). DCJS sends an Annual Registration Form to registered sex offenders and requires them to complete and return it within ten days. All sex offender levels residing in Suffolk County Police Department jurisdiction are required to notify DCJS and/or the Suffolk County Police Department (SCPD) of their change of address within ten days. Level 3 sex offenders are required to report to the Detective Division of the precinct of his/her residence to personally verify his/her address every 90 days. Information on sex offenders is placed in a registry. Specific information about the exact location of Level 3 sex offenders is available to the community. In addition, information on Level 2 and Level 3 sex offenders is disseminated by the SCPD to entities with "vulnerable populations."

There are currently eight entities including the Suffolk County Department of Social Services that are notified by the SCPD regardless of the town where the sex offender will be residing. Local precinct commanders may designate additional entities within their precincts that will also receive notification if a sex offender is residing within that precinct. Prior to the notification being sent to the community, the SCPD verifies that the sex offender is residing at the address provided. School districts have enacted a procedure to provide a general notification that a Level 2 or 3 sex offender has moved into the community along with a contact number for further information. The dissemination of information received from official sources is protected under New York State Correction Law 168-1(6)(b) and (c) where "any entity receiving information on a sex offender may disclose or further disseminate such information at its discretion." Immunity from liability is provided unless there is gross negligence or bad faith in the release of the information.

While the notification procedure was designed to protect the community, it has increased frustrations within the community at the same time. Communities are made aware of the location of sex offenders but have few options on how to put the information to use. Some might increase their vigilance, while others might act to force the offender to leave. These responses are heightened with the placement of homeless sex offenders, especially if there are several placements within a community.

SCOPE OF THE PROBLEM

As of December 7, 2004 there were 832 registered sex offenders living in Suffolk County. The distribution is as follows: Level 1 - 319, Level 2 - 305, Level 3 - 169, and Level Pending - 39. As of October 15, 2004 the New York State Division of Parole had 57 sex offenders under their jurisdiction that were released from the New York State Correctional System, with 24 Level 3 and 25 Level 2's identified. Suffolk County Probation has 238 sex offenders under their jurisdiction, that either received short (less than one year) jail sentences served in Suffolk County or probation with no jail time, and identified 18 Level 3's and 66 Level 2's. The remaining 537 registered sex offenders, including 127 Level 3's and 214 Level 2's, are in the community with no supervision. Their only requirement is to report their location, every 90 days for the Level 3's and annually for the Level 2's or within 10 days of moving.

The number of homeless sex offenders in Suffolk County has varied between 0 and 12 over the last seven months. The average from November to mid-December has been around one. At its peak, the number of homless sex offenders has not exceeded two percent of the total registered sex offenders living in Suffolk County and has represented less than one percent of the total number of homeless people housed by SCDSS. An analysis of the sex offenders placed over the last 6 months show that 12 Level 3s and 5 Level 2s have been in emergency housing placements.

HOUSING REQUIREMENTS AND RESTRICTIONS

State laws regarding the restrictions placed upon registered sex offenders fall under the Sexual Assault Reform Act (SARA). In cases where the victim was under the age of eighteen, a sex offender, either on probation or parole shall refrain from knowingly entering into or upon any school grounds or institutions primarily used for the care and treatment of persons under the age of 18 unless there is written permission for several cited reasons (i.e.; student, contracted employee). School grounds includes anything up to the boundary line of a school and any area accessible to the public within a thousand feet of the real property boundary line or any parked automobile or vehicle located within a thousand feet. "Areas accessible to the public" shall mean sidewalks, streets, parking lots, parks, playgrounds, stores and restaurants. Although not specifically spelled out in the law, there are no housing placements made with a thousand feet of a school's boundary line.

In 2002, Suffolk County enacted Resolution No. 266-2002 "Establishing Policy for Placement of Convicted Sexual Predators in Suffolk County." This resolution restricts the ability of SCDSS to place convicted Level 2 or Level 3 sexual predators in those instances where the placements "are funded by the County of Suffolk, in whole or in part, either directly through the use of County funds or as a conduit for State or Federal funds". SCDSS is prohibited from placing such individuals within one thousand (1,000) feet of any

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