Suffolk County Homeless Sex Offender Report

January 20, 2005

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

a. Public or private school (elementary, middle or high school), b. Nursery school, c. Day care facility, d. Playgrounds, e. Church or house of worship that has a day care facility or playground on its premises, f. Senior citizen center or facility.

Although there is no federal or state statue or regulation specifically requiring that temporary housing assistance be provided to homeless persons, the New York State Office of Temporary and Disability Assistance (OTDA) has required social services districts to assist "eligible homeless persons" since 1983. The specific requirements are set forth in ADM 94-20. The affirmation of Suffolk SCDSS responsibilities under ADM 94-20 was confirmed by OTDA's General Counsel in a request for a waiver of SARA requirements upon the passage of Resolution 266-2002. Stated simply, if an eligible homeless sex offender requests placement in emergency housing, they must be placed and that placement must comply with State and Local restrictions.

HOUSING OPTIONS

A number of options were explored regarding the emergency housing of sex offenders. SCPD, Probation, and Parole prefer to have the homeless sex offenders housed in a single location to enhance the supervision options that are available.

Facility Options The use of New York State properties was reviewed. There are three psychiatric centers in Suffolk, two closed and one downsized, and two universities in Suffolk. Some questions were raised regarding existing development plans and the conditions for use of the psychiatric centers as well as the availability of space. State University grounds are not a feasible option. There are a number of Suffolk County properties that have adequate space to hold a facility. While several of the properties cannot be considered due to the restrictions of Resolution 266-2002, other facilities will qualify. Given the recent public outcry over the rumored use of County facilities to house homeless sex offenders, decisions must be made as to whether this is a viable option. The use of industrial areas is another option to consider. There are several industrial parks and industrial zoned areas that are removed from residential development that are viable. The issue regarding residential use in industrial zoned areas must be addressed and this option does not eliminate the potential community opposition from workers or neighboring communities. Other more creative options exist. There are a number of seminaries with large amounts of property throughout Suffolk County. A final option is to establish a facility using a houseboat in a marina. The issues that need to be explored for this option include which marinas are opened year-round and whether there are rules that restrict the length of stay.

Non-Facility Options

There are two other options that do not require the establishment of a facility. The first is establishing a network of several motels and shelters to distribute the homeless sex offenders throughout the County in compliance with all the legal restrictions. As a result, no single area will have a concentration. However, after several request to area facilities, there is a general lack of interest from the motel and shelter providers to house this population. A second option is to enhance the ability of the sex offender to secure temporary or permanent housing. Using the model used in a number of other Social Services Districts, SCDSS would provide funds for the sex offender to find their own emergency housing. This option would fulfill Suffolk's obligation under ADM94-20 and release SCDSS of the placement restriction. Procedures for accountability for funds issued would be established to ensure their proper utilization. SCDSS could also provide incentives, such as enhanced rents, to landlords that provide permanent housing to sex offenders.

Cost Considerations Given the average number of sex offenders, the cost of the facility options can become prohibitive. The recent publicity has resulted in uncertainty regarding the location of nightly placements and reduced in the number of sex offenders having to be placed by the SCDSS to between one to three people. While this is a good development, in terms of management and placement, SCDSS is still obligated to house any sex offender that requests emergency housing assistance.

A basic model was developed for the establishment of a facility. In examining in-facility staffing alone for a basic 4pm-8am operations, factoring in one staff member on all shifts, allowances for covering sick and vacation time, fringe benefits, and agency overhead on those cost for a not-for-profit, led to a wide range of costs per client per day based on the average daily occupancy level. If the facility averaged five per day, staffing alone would run about $71 per day per person. If the average was lowered to three per day, which is more realistic based on the current trends, the costs would rise to $119 per person per day for staffing alone. Depending on the location of the facility (state, county or community property) costs would vary greatly for rent, repairs and maintenance, utilities, supplies, beds and bedding, insurance, and supervision which could add another 30-60% to the total cost. With an average of five people per day the cost could range from $92-114 per person per day. With an average of three people per day the cost could range from $155-190 per person per day. A fixed contract would have to be issued to a not-for-profit to enable the facility have to be staffed and remain open regardless of the number of people housed. The total annual cost, depending on the location could run in the $170,000-208,000 range.

Currently, Suffolk County pays motel owners between $65-100 per night to house homeless singles. Providing a maximum of $90 per night in funds directly to homeless sex offenders would run about $165,000 per year for an average of five sex offenders per night and approximately $99,000 per year for an average of three. The nightly rate is in line with the cost of emergency housing for the general population of homeless singles. The $90 would be the maximum rate, there are a number of motels throughout the County with lower rates. Providing a rent enhancement would open up additional permanent housing options by providing a mechanism to pay above New York State shelter standards.

However, this would be 100% County costs versus the 50% State reimbursement received for the other options. Suffolk County can apply for a demonstration waiver from the New York State OTDA to be eligible for a 50% reimbursement of the funds expended. Depending on the amount of the subsidy to the landlord, the cost is estimated to be between $70-120,000 per year on the basis of 20 rental supplements per year. The rental supplements will be time limited to allow time for the sex offender to secure employment and become self-sufficient. While, this may be a cost borne by Suffolk County, unless a demonstration waiver can be obtained, it is a permanent housing solution.

COORDINATION OF SERVICES

A key to managing the placement of homeless sex offenders is coordination between the agencies involved. Open and timely communication will facilitate proper planning and the resolution of problems as they arise.

Communication begins with the release process. If someone is to be released without housing resources, SCDSS should be notified as soon as possible. Two key players are the New York State Division of Parole and the Suffolk County Department of Probation. SCDSS has worked closely with Parole to establish timely notification procedures. Parole now notifies SCDSS when their pre-release housing placement option falls through and there is a possibility of the sex offender being released into the emergency shelter system. Very often this notification will be less than two weeks. Parole will continue to explore housing options prior to the release of the sex offender and will notify SCDSS if they are able to identify a new placement for the sex offender upon their release. The Suffolk County Department of Probation will also notify SCDSS when a sex offender will be released without a housing resource. Given the brief nature of local sentences, the notification will be several days at best. The New York State Department of Correctional Services (DOCS), while not a participant in the task force, has been contacted to enlist their participation in the notification process.

It is critical that sex offenders have valid photo identification upon their release. Valid identification will enable the sex offender to access services quicker and obtain key documents, such as social security cards, and New York State Photo Identification Cards. A letter requesting the cooperation of DOCS with this issue was sent to the Commissioner. SCPD does take photographs of level 3 sex offenders after their release for internal purposes. SCDSS will require all sex offenders that apply for benefits to have valid identification.

There are few aftercare options available to sex offenders after their release. There were only three local resources that were identified and none that accepted Medicaid. Programs that provide services to ex-convicts in the region (outside of Suffolk County) in general, do not take sex offenders. Those programs that take sex offenders, either have no housing or are in locations where the homeless singles population is so large that they rely on the shelter system in the area to house some of their current clients. No openings in these programs are anticipated in the foreseeable future. Many of the sex offenders that have been through the SCDSS system have mental health diagnoses. Suffolk County mental health providers have difficulty treating sex offenders due to the vulnerability of their clientele and high incidence of trauma among program participants. SCDSS has entered discussions with a substance abuse agency to explore integrated housing and treatment options.

CONCLUSION

The homeless sex offenders comprise an extremely small percentage of Suffolk County's overall sex offender population. Homelessness within this population can normally be handled within the current homeless singles system. It is when the number of sex offenders reach higher levels and when they are placed by government, the communities holds the agencies accountable. The issue becomes a public policy emergency and government resources are not up to the task.

While the answers are still elusive, focusing resources on this issue has led to a greater level of coordination amongst all of the agencies involved in dealing with sex offenders in the community. There is increased communication regarding the prior notifications of sex offenders about to be released from prison, allowing time to find and coordinate placements. A case management approach has been implemented to assist the homeless sex offender with the necessary resources to secure permanent housing quicker and, as a result, lessening the stay in emergency housing. Better monitoring has been put in place to avoid the concentration of homeless sex offenders in any single community.

With the continued coordination and open communication, the number of homeless sex offenders should be able to be kept at the lower levels of the last several months. Suffolk County will continue to explore the latest information from around the State and country to identify program models that can be implemented to rapidly house homeless sex offenders or reduce their length of stay in the shelter system. The overall number of sex offenders in Suffolk County continues to grow. It is incumbent upon the agencies that deal with sex offenders on a regular basis to provide the resources and support to ensure that adequate housing is available to avoid their entry into the homeless system. SCDSS should be the agency of last resort in housing this population.

FOLLOW-UP

-SCDSS will monitor communication procedures to ensure proper notification continues regarding the release of sex offenders from correctional facilities without adequate housing resources. -SCDSS will continue to identify and develop emergency housing resources for homeless sex offenders throughout Suffolk County. -SCDSS will explore a demonstration waiver to obtain a State share of the costs in providing enhanced housing support for sex offenders. - SCDSS will to work with community programs to develop housing and treatment options for homeless sex offenders.

PROGRAM AND POLICIES

The attached appendices summarize noteworthy policies and programs that exist or are being proposed to address the housing of sex offenders.

LIST OF PARTICIPANTS

Suffolk County Department of Social Services:

Janet DeMarzo, Commissioner

Edward Hernandez, Deputy Commissioner

Linda O'Donohoe, Commissioner's Office

Roger Barbaro, Housing Division Administrator

Don Reed, Housing Bureau Director

Robert Chieffo, Clients Benefits Division Administrator

Marie Ott, Clients Benefits Assistant Division Administrator

John Holownia, County Attorney, Chief Family Court and Social Services Bureau

Suffolk County Probation Department

Tom Porter, Deputy Director

Joe Abramo, Supervising Probation Officer

Suffolk County Police Department

Thomas Cahill, Deputy Inspector, 7th Precinct

Carol LoPiccolo, Detective, Special Victims Unit

Mark Bandiera, Detective, Special Victims Unit

Suffolk County Division of Mental Hygiene Services

Thomas MacGilvray, Director Community Mental Hygiene Services Dr. Lou Gallagher, Supervising Psychologist

New York State Office of Temporary and Disability Assistance

Lorraine Noval, Special Assistant to Commissioner

Jeff Barnes , Director, Bureau of Shelter Services

Frances Teeter, Bureau of Shelter Services

Inez Haettenschwiller, Office of Legal Affairs

Linda Hunt, Office of Legal Affairs

Dale Peters, Director, Bureau of Transitional Programs

New York State Division of Parole

Michael Burdi, Director, Region III

Mary Ellen Flynn, Director of Strategic Planning

Mary Osbourne, Deputy Director of Strategic Planning

Richie Pasternak, Area Supervisor, Central Long Island

Robert Lewis, Area Supervisor, Suffolk County