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Sex Offender Placement in Our Communities

Monroe County ProbationNYSACFebruary 10, 2009

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Sex Offender PSI

Presentence Investigations (PSI) Assist Judge in making sentencing decision State Mandated (but only 15% funded) Enhanced Sex Offender PSI (in jeopardy per State

Aid cuts) One (1) Probation Officer (2008 = 136 enhanced PSI) Detailed interview regarding sexual history Investigate computer use, pornography history etc Home/neighborhood visit (children? items used to attract

children? Day Care or schools in neighborhood? vehicles used by defendant etc)

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Enhanced PSI (cont.)

• Extended Victim Impact process

More sensitive letter to victim & multiple attempts at victim contact

Where plea bargain, explain probation conditions, restrictions, treatment, GPS etc.

Addendum for Sex Offender Registration Act determination (assist Judge with Risk Assessment)

Check Email, MySpace, Facebook etc. names & info

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SORA Risk Assessment

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Probation Supervision

Seven (7) Probation Officer Sex Offender Specialists (in jeopardy due to State Aid cuts)

Enhanced Conditions of Probation Specialized treatment (limited to 2 agencies) No contact <17 Disclosure to landlord, employer, school administration, those with whom intimate etc No pornography, no social networking, no internet w/o Probation Officer approval. No cell phone w/camera, no camcorder, no 900 calls No children’s clothing, toys etc; No law enforcement clothing No post office box

• Polygraph examinations

• Regular Police Collaboration

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Supervision (cont.)

GPS/Sex Offender Pilot (state $ in jeopardy)

Global Position System (GPS) on all sex offenders until stable; all SORA 3

Exclusion zones Real-time monitoring - Probation & 911 Center; ‘Crime

Scene Inquiry’ Probation Officer teams: nights/weekends, immediate

response to alerts, surveillance, home visits, victim safety checks, Order of Protection checks etc

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Sex Offender Housing – State Mandates

2006: Penal Law 65.10(4a) – Mandated Probation Condition

Where victim is <18, refrain from knowingly entering area 1,000 from school ground etc. (with some exceptions)

9/17/07: Supreme Court ruling permits ‘…innocent transit in a moving vehicle within 1,000 foot public area around school grounds…’

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Sex Offender Housing – State Mandates (cont.)

2008: Executive Law 243(4) -- Requires State Probation Director to establish rules for local Probation regarding SORA Level 2 or 3 housing (‘instruct local probation’)

Draft Probation Rule 365 -- Where SORA 2 or 3 sentenced to Probation, an investigation shall consider:

Concentration of sex offenders in certain area or municipality The number of sex offenders at a specific property. Proximity of vulnerable populations Accessibility to family, friends, sex offender treatment etc Availability of permanent housing

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Sex Offender Housing – State Mandates (cont.)

Draft Rule 365 – Local Probation should consider… Victim address, age, relationship Known Orders of Protection Known presence of persons <18 in residence

Local Probation should summarize findings and make recommendation to Court as to appropriateness of residence

Same rules apply when probationers seek change of address

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State Mandates – Local Challenges

Lawmaker intent genuine & understandable – protect children

But, not developed by practitioners (police, probation, DA, sex offender treatment specialists)

Judges didn’t ask for this additional guidance or task

Not evidence-based, as State agencies now demand of local government when applying for grant funding

SORA imperfect… Complicated & confusing to public Level 1, 2, 3; Sexually Violent Offender; Predicate Sex Offender; Sexual Predator Plea bargains SORA Level 2 & 3 misleading – many lower level sex offenders at higher risk Recent AP article – not a deterrent

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State Mandates – Local Challenges (cont.)

1,091 Registered Day Care Providers in Monroe County (OCFS)

Unknown thousands of unregistered day care providers

22 School Districts in Monroe County 120 individual schools just in the City of

Rochester

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State Mandates – Local Challenges (cont.)

316+ sex offenders on probation in Monroe County

Most sex offenders reside in City of Rochester

Residency restrictions promote relocation to suburban/rural – less concentration of offenders and ‘vulnerable populations’

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Sex Offender ProbationersFebruary 3, 2009

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State Mandates – Local Challenges (cont.)

Sex Offender residence restriction – unreasonable task for local Probation

Most probationers already residing at, or returning to, their own residence upon sentencing, not looking for housing…decisions relate to removing the probationer from his home

Most victims are family members or associated, but… Other offenders are best monitored if they can remain in their

family Sex Offender treatment programs are near schools & day care

centers Probation offices are near schools & day care centers Court is near schools and day care centers (Day Care inside some

Courthouses)

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State Mandates – Local Challenges (cont.)

Examples of Concentration

(1) Registered centers only

(2) Probationers only, not including parolees or Registered Sex Offenders not under supervision

Zip code area Day Care

Providers

(1)

Sex

Offenders

on Probation (2)

14609 123 27

14621 133 21

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State Mandates – Local Challenges (cont.)

How many sex offenders = ‘too many’? Rare cooperative landlord, resulting in

several sex offenders residing in same building

Vulnerable entity definition -- no common agreement Penal Law 220 (drug free school zones) Original DPCA definition (colleges, nursing

homes, places of worship etc)

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State Mandates – Local Challenges (cont.)

Local Probation agencies in peril – State Aid reduced from 46.5% to current 15% while state mandates expand

Vacant Probation Officer positions, mandated overtime, high caseloads, Probation Officers perform data entry & prepare court reports

New Law/Rule creates: Need for home visit where none was required before Additional interview items for Investigating Probation Officer Additional report to the Court

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Case Example

Bi-polar male, convicted in Texas of attack on 14-year old neighbor while residing alone and while ‘off meds’

Transfer to Monroe County to reside with parents in affluent suburb; classified SORA Level 3; stable when in treatment, on meds, with full time job and supervised by Probation and his parents; no problems since his move to Monroe County

Private day care opens in residence just behind probationer’s family home; neighbors demand ouster & contact media

Relocated to a series of motels, moving each time other motel tenants complained or where children moved in…continues to reside alone in motel room; stable, but risk is higher due to lack of permanent housing

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Monroe County Reentry Task Force

Sex Offenders released from prison – greater challenge

Same 2008 sex offender housing law to State Parole (impact on County Social Services Commissioners also)

Lack of housing prompts extensive use of emergency housing facilities ($42/day public cost)

Risk remains high due to unstable housing & residing in proximity of other sex offenders

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Solutions?

Stabilize State Aid to Probation – allow local Probation to adhere effectively to state mandates and reduce sex offender caseloads to allow intensive intervention; or, implement a moratorium on all new mandates

Restore GPS/Sex Offender funding for pilot counties (Monroe, Onondaga, Rensselaer, Westchester…)

State Parole, Probation, Reentry take the lead in identifying safe, secure, stable permanent housing for sex offenders.

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Questions?

Bob Burns, Probation Administrator

Monroe County Office of Probation – Community Corrections

33 N. Fitzhugh St, Suite 2000

Rochester, NY 14614-1233

585 753-3765

rburns@monroecounty.gov