New York Archives - Page 3 of 10

NY: Motel’s Lawsuit Says Small Town’s Effort to Kick Out Sex Offenders Is Unconstitutional

April 21, 2021 R H

[lawandcrime.com – 4/21/21] A small city in Upstate New York is being sued by the owners of a local motel who say they should be allowed to offer their services to people formerly convicted of sex-related offenses. Shree Granesh LLC, the owner of an EconoLodge on Main Street, filed a lawsuit against the Town of New Paltz over a recent ordinance which aims to limit (and ultimately reduce) the number of registered sex offenders who can reside at a certain commercial address. In fact, it might be a bit more…

NY: Town of Rotterdam, police department face lawsuit over arrest

April 2, 2021 R H

[dailygazette.com – 3/31/21] A man who was falsely arrested by the Rotterdam Police Department for improperly submitting a photo for the sex offender registry list is now suing the department and the town over the four days he spent in jail. William Harwood filed paperwork March 25 in U.S. District Court for the Northern District of New York seeking a jury trial and damages after he said he suffered emotional distress from the incident. Harwood, who is representing himself, said in court documents that in 2018 he was required to provide…

NY: 7-year-old charged with rape, lawyer calls it ‘absurd’

April 1, 2021 R H

[wwnytv.com – 3/29/21] BRASHER FALLS, N.Y. (WWNY) – A 7-year-old boy from Brasher Falls has been charged with rape. State police didn’t release much information, but said the unidentified child was charged with third-degree rape on March 23. Troopers say the incident was reported on Thanksgiving. The child was cited and released. The case will be handled in Family Court. Police say the investigation is continuing. We spoke with a New York City attorney, who is with a group that handles youth defense cases. “Instinctually, it shouldn’t happen that a…

NH: New York Must Offer Vaccine to All Prisoners Immediately, Judge Rules

March 30, 2021 R H

[nytimes.com 3/29/21] A judge in the Bronx ruled that people incarcerated in the state’s prisons and jails had been arbitrarily excluded from the coronavirus vaccine rollout. New York must immediately begin to offer Covid vaccines to all incarcerated people in the state’s prisons and jails, a judge ruled on Monday, making the state one of few in the nation to provide doses to such a broad population behind bars. The order, the first involving any of the country’s largest correctional systems, comes as the coronavirus continues to roar through facilities in New York.…

NY: New York Proposes “Clean Slate” Bill to Seal and Expunge Criminal Records [Except Registrants]

March 10, 2021 R H

[esrcheck.com – 3/10/21] A “Clean Slate” bill proposed in the New York State Senate would create a two-step process to automatically seal and eventually expunge – or erase or remove completely – certain past criminal convictions so ex-offenders may have an easier time finding employment opportunities, according to a report from the New York Daily News. Sponsored by New York State Senator Zellnor Myrie (Democrat-20th District) in January 2021, Senate Bill S1553A (SB S1553A) would amend the criminal procedure law by adding a new section so certain criminal convictions for…

NY: Rensselaer County proposes animal abuser registry

February 23, 2021 R H

[news10.com – 2/23/21] TROY, N.Y. (NEWS10) — On Tuesday, Rensselaer County legislators filed a local law to create a local animal abuse registry. “This legislation will establish an online registry for individuals who are convicted of animal abuse and neglect,” said Minority Leader Peter Grimm. “It is in the best interest of our residents and their animals that an online registry be established identifying individuals, living in Rensselaer County.” Read the full article

NY: After 25 Years, It Is Past Time To Reform New York’s Sex Offender Risk Assessment System: Part II

February 10, 2021 R H

[law.com – 2/9/21] In Part 1 of this article, I outlined what I believe are the significant flaws in the Risk Assessment Instrument (the RAI) New York courts are required to use to assess sex offender risk under the Sex Offender Registration Act (SORA or Megan’s Law, Article 6-C of the Correction Law). Under SORA, courts are required to designate offenders as being at low, moderate or high risk to re-offend. The rankings not only determine the length and intrusiveness of sex offender registration and community notification, which often last…

NY: After 25 Years, It Is Past Time To Reform New York’s Sex Offender Risk Assessment System: Part I

January 6, 2021 R H

[law.com – 1/5/21] In this article, the author outlines the significant flaws of the sex offender risk assessment instrument. A second article to be published later will explain why these deficiencies are not adequately corrected by court departure determinations. Convicted sex offenders under New York law must have their risk of reoffense assessed by courts under the Sex Offender Registration Act (“SORA” or “Megan’s Law”) with courts determining whether offenders are at low, moderate or high risk to re-offend. The rankings not only determine the length and intrusiveness of sex…

NY: New York Issues First-In-Nation Moratorium On Facial Recognition In Schools

December 24, 2020 R H

[forbes.com – 12/22/20] Topline New York Gov. Andrew Cuomo signed a bill Tuesday temporarily banning the use of facial recognition in schools, making it the first state to take such a step. Key Facts The law suspends facial recognition and other biometric technology in both public and private schools until July 2022, directing the state to conduct a study and issue recommendations about whether the technology is appropriate for schools. Cuomo’s office said the study will “seek feedback from teachers and parents, as well as experts in school safety, security,…

NY: An influx of Sex Offenders in New Paltz Causes Town to Tighten Reigns

December 10, 2020 R H

[newpaltz.edu – 12/10/20] Following the influx of multiple sex offenders to a motel in New Paltz, the Town of New Paltz passed a law that would limit the number of sex offenders allowed to live in one building. Seven registered sex offenders moved into the Econo Lodge Motel in New Paltz between Oct. 10 and Nov. 2. Following the publication of an article notifying students of this, one more level three sex offender moved into the motel on Nov. 12, increasing the count to eight registered sex offenders: seven level…

NY: Sex offenders can be detained after sentences completed

November 23, 2020 Admin

New York’s top court upheld a law Monday that allows the state to keep sex offenders confined under some circumstances even after they have completed their sentences. In three decisions handed down Monday, the state Court of Appeals said the law didn’t violate due process guarantees, and did not constitute cruel and unusual punishment. Full Article

NY: Appeals Court hearing oral arguments online Oct 13 on continued detention of former sex offenders after release

October 13, 2020October 13, 2020 R H

[nycourts.gov] These appeals were filed by level three sex offenders to challenge their indefinite detention in prison or prison-based residential treatment facilities (RTFs) after their prison terms expired or they were granted parole. All three offenders were subject to post-release supervision (PRS) and were held past their release dates by the Department of Corrections and Community Supervision (DOCCS) when they were unable to find housing that complied with the Sexual Assault Reform Act (SARA), which bars certain sex offenders from residing within 1,000 feet of any school grounds (Executive Law…

NY: Despite Politicians’ Assurances, All Sex Offenders are Not Barred from New ‘Homeless Hotels’

July 30, 2020 R H

[westsiderag.com – 7/29/20] Despite reassurances from politicians that there are no sex offenders at the three new homeless shelters on the Upper West Side, the city can’t bar all sex offenders from city shelters, according to Isaac McGinn, spokesperson for the Department of Homeless Services (DHS). Only sex offenders deemed “residency restricted” can be banned from shelters that are less than 1,000 feet from schools or child-care facilities, McGinn explained. Gaining that designation depends on factors like the severity of the offense and the offender’s criminal justice status. It appears…

NY: Homeless Man Jailed for Failing to Put Address on Sex Offender Registry Dies at Rikers

July 21, 2020July 21, 2020 R H

[thecity.nyc – 7/20/20] On March 4, Hector Rodriguez was sent to Rikers Island because he failed to log his address with state’s sex offender registry — even though he had been homeless for years. Rodriguez died June 21 on his jail bed, while struggling to breathe during a severe asthma attack, according to Correction Department records and a family lawyer. He was 60 years old and had contracted COVID-19 in April, the lawyer said. For criminal justice reform advocates and even one city group that represents victims, Rodriguez’s death behind…

NY: NYC Bar Report to Gov. Andrew Cuomo: Call to Temporarily Suspend In-Person Reporting Requirements

April 13, 2020 R H

[mitchellhamline.edu – 4/3/20] By NYC Bar Committee | April 3, 2020 Dear Governor Cuomo: The New York City Bar Association’s Criminal Justice Operations Committee and the Sex Offender Registration Act Working Group write this letter to urge the temporary suspension of in-person reporting requirements for people on the sex offender registry in the wake of the COVID-19 pandemic. By continuing to require in-person reporting for the 8,050 New York City residents on the registry, all of whom have in-person reporting requirements at the same office in lower Manhattan, the health…

NY: State poised to institute sex-offender ban on mass transit

April 2, 2020 R H

[politico.com – 4/2/20] New York State is poised to enact a ban on some sex offenders in New York’s mass transit system, a move long sought by the Metropolitan Transportation Authority and long dreaded by civil libertarians. The state budget that leaders are now finalizing would allow judges to ban individuals convicted of some sex crimes in mass transit from using the system for up to three years. The MTA has pushed for the ban, arguing that those who commit sex crimes on the subway or bus do so again…

NY: New York releases some Level 3 sex offenders, houses them at Holiday Inn Express

April 2, 2020 R H

[leoaffairs.com – 4/1/20] Sex offenders in western New York have been released as part of the pandemic, with several currently being housed in a Holiday Inn Express. The Level 3 offenders, who were released as part of the outbreak, have drawn the attention of local journalists, citizens and police officials alike, particularly in the town of Greece. “Among the inmates known to be staying at the Holiday Inn Express are four registered sex offenders,” Sabrina Maggiore tweeted. “Three of whom are registered as level 3 sex offender and are deemed…