TDA-28-09-00006-A Temporary Housing Assistance for Certain Sex Offenders

4/21/10 N.Y. St. Reg. TDA-28-09-00006-A

NEW YORK STATE REGISTER

VOLUME XXXII, ISSUE 16

April 21, 2010

RULE MAKING ACTIVITIES

OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE

NOTICE OF ADOPTION

 

I.D No. TDA-28-09-00006-A

Filing No. 389

Filing Date. Apr. 06, 2010

Effective Date. Apr. 21, 2010

Temporary Housing Assistance for Certain Sex Offenders

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:

Action taken:

Addition of section 352.36 to Title 18 NYCRR.

Statutory authority:

Social Services Law, sections 20(3)(d), (8), 34(3)(f) and 131(1); and L. 2008, ch. 568

Subject:

Temporary housing assistance for certain sex offenders.

Purpose:

To implement chapter 568 of the Laws of 2008 concerning factors that social services districts must consider when making determinations about the location of temporary housing for level two and three sex offenders, when advance notice has been received.

Text or summary was published

in the July 15, 2009 issue of the Register, I.D. No. TDA-28-09-00006-P.

Final rule as compared with last published rule:

No changes.

Text of rule and any required statements and analyses may be obtained from:

Jeanine Stander Behuniak, New York State Office of Temporary and Disability Assistance, 40 North Pearl Street, 16 C, Albany, New York 12243-0001, [phone], email: [e-mail]

Assessment of Public Comment

The Office of Temporary and Disability Assistance (OTDA) has received public comments regarding its proposed regulations to implement Chapter 568 of the Laws of 2008.

Comment: OTDA received a comment asserting that it is the individual's responsibility, and not the local social services district's responsibility, to locate permanent housing. The comment also maintained that a local social services district is not responsible for possible concentrations of sex offenders permanently residing in residential neighborhoods.

Response: The proposed regulation supports the intent of the Legislature to address challenges faced by local social services districts when locating appropriate temporary housing for certain sex offenders in accordance with Chapter 568 of the Laws of 2008. The proposed regulation supports this intent by establishing factors a local social services agency must consider before making a temporary housing placement, but does not seek to establish such factors for placing certain sex offenders into permanent housing.

Comment: OTDA received a comment claiming that the proposed regulation assumes that counties have options in placing homeless sex offenders in temporary housing and therefore appears to place the burden of placement solely on the local social services district rather than sharing responsibility across the involved State agencies.

Response: The proposed regulation reinforces the responsibility of all social services districts to arrange temporary housing assistance for homeless individuals, including sex offenders, while providing factors for consideration for those sex offenders for whom social services districts receive a written referral pursuant to section 259-c(17) of the Executive Law. A forthcoming Administrative Directive will discuss these factors and the role each plays in the placement decision as well as a discussion of a locator tool now available to social services districts in cooperation with New York State Division of Criminal Justice Services. Additionally, the Administrative Directive will advise local social services districts of an agreement with the New York State Division of Parole (DOP) and the New York State Department of Correctional Services (DOCS) providing advance notice of the release of certain sex offenders.

Comment: OTDA received a comment objecting to the use of the phrase "ill-advised concentration of sex offenders in certain neighborhoods and localities" as vague, negative, not offering any true direction, and lending support to the development of local rules regarding the temporary housing of certain sex offenders.

Response: This proposed regulation is supportive of Chapter 568 of the Laws of 2008 by requiring local social services officials to consider the concentration of sex offenders as one factor in determining placement choices for temporary housing. It also supports the Governor's statement in his Approval Memorandum (No. 33 Chapter 568 of the Laws of 2008) in which there is a recognition that a coordinated and comprehensive approach takes into account competing factors and concerns. Careful deliberation and reasonable efforts that take into account such factors as transitional services, law enforcement monitoring, housing availability, and the need to provide emergency shelter are all aspects that are intended to further the State's goal of both protecting its citizens and ensuring that an individual's immediate needs are met.

Comment: OTDA received a comment expressing a concern that a local social services district would knowingly not react to information in its possession pertinent to the placement of certain sex offenders into temporary housing.

Response: The proposed regulation reflects the language set forth in Chapter 568 of the Laws of 2008. To address concerns that local social services agencies consider known information when making a temporary housing placement, OTDA intends to issue its Administrative Directive to the local social services districts. The forthcoming Administrative Directive will include language advising local social services districts to act based on all known information when making temporary housing placements for certain sex offenders, including those factors outlined in law and any other relevant factors known to the agency. Local social services districts are instructed to consider the totality of circumstances when making a temporary housing placement of certain sex offenders and coordinate their efforts with DOP and DOCS. These coordinated efforts include the provision of information by using common forms developed in cooperation with DOP and DOCS for release with the Administrative Directive.

Comment: OTDA received a comment objecting to the inclusion of a statement in the proposed regulation advising local social services districts when to place individuals in the most appropriate available shelter in the absence of the apparent relevancy or practicability of factors enumerated by Chapter 568 of the Laws of 2008.

Response: OTDA included this statement in its proposed regulation to underscore that the State statute requires local social services districts to consider the factors outlined in Chapter 568 of the Laws of 2008. However, not all factors apply equally to each homeless sex offender. The local social services districts must factor in all the relevant circumstances in placing homeless individuals seeking assistance into temporary housing who cannot adequately provide for themselves in accordance with Social Services Law § 131. For example, the term "vulnerable populations" may include, but is not limited to, nurseries, pre-schools, day care centers, and elementary, middle and high schools. However, the application of the term is dependent on the individual seeking temporary housing. Crimes against the elderly may include a different grouping of "vulnerable populations" including senior citizen centers or nursing homes.

Comment: OTDA received a comment expressing concerns over the potential length of a temporary housing assignment subsequent to DOP's post-placement investigation and disapproval of the current temporary housing placement.

Response: The forthcoming Administrative Directive will outline the local social services district's response to DOP's reactions to pre- and post-placement inspections, directing local social services districts to take the appropriate action and consider if a different, available placement is more appropriate.