N.Y. Correction Law § 203 – Regulations for release of certain sex offenders

1. The commissioner shall promulgate rules and regulations that shall include guidelines and procedures on the placement of sex offenders designated as level two or level three offenders pursuant to article six-C of this chapter. Such regulations shall provide instruction on certain factors to be considered when investigating and approving the residence of level two or level three sex offenders released on presumptive release, parole, conditional release or post-release supervision. Such factors shall include the following:
1. (a) the location of other sex offenders required to register under the sex offender registration act, specifically whether there is a concentration of registered sex offenders in a certain residential area or municipality;
2. (b) the number of registered sex offenders residing at a particular property;
3. (c) the proximity of entities with vulnerable populations;
4. (d) accessibility to family members, friends or other supportive services, including, but not limited to, locally available sex offender treatment programs with preference for placement of such individuals into programs that have demonstrated effectiveness in reducing sex offender recidivism and increasing public safety; and
5. (e) the availability of permanent, stable housing in order to reduce the likelihood that such offenders will be transient.
2. The department shall have the duty, prior to the release to community supervision of an incarcerated individual designated a level two or three sex offender pursuant to the sex offender registration act, to provide notification to the local social services district in the county in which the incarcerated individual expects to reside, when information available or any other pre-release procedures indicates that such incarcerated individual is likely to seek to access local social services for homeless persons. The department shall provide such notice, when practicable, thirty days or more before such incarcerated individual's release, but in any event, in advance of such incarcerated individual's arrival in the jurisdiction of such local social services district.