S 3624: Relates to the required disclosure upon the release of a juvenile or adolescent offender from the custody of the office of children and family services of certain records that are necessary to ascertain the nature of such offender's conviction and would be beneficial in identifying and mitigating any risk that such offender could pose if released.

  
  STATE OF NEW YORK ________________________________________________________________________ 3624 2025-2026 Regular Sessions  IN SENATE January 29, 2025 ___________ Introduced by Sen. HELMING -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the executive law and the correction law, in relation to certain required disclosures by the office of children and family services upon the release or discharge of a juvenile offender or adolescent offender The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 508 of the executive law is amended by adding two 2 new subdivisions 10 and 11 to read as follows: 3 10. Notwithstanding any other law, rule or regulation to the contrary, 4 where a juvenile offender or adolescent offender less than eighteen 5 years of age is being released or discharged from the custody of the 6 office following a term of commitment or placement imposed pursuant to a 7 felony conviction, the office shall provide the department of 8 corrections and community supervision with any and all records that are 9 necessary to ascertain the nature of such offender's conviction and 10 would be beneficial in identifying and mitigating any risk that such 11 offender could pose to the community if released or discharged. 12 11. Notwithstanding any other law, rule or regulation to the contrary, 13 thirty days prior to releasing a juvenile offender or adolescent offen- 14 der, the office and the department of corrections and community super- 15 vision shall notify the school district where such offender shall reside 16 of such offender's scheduled release or discharge date and such 17 offender's eligibility to enroll. To the extent authorized by federal 18 law, prior to the release or discharge of such offender, the office 19 shall provide such school district with any and all records that are 20 necessary to ascertain the nature of such offender's conviction and 21 would be beneficial in identifying and mitigating any risk that such 22 offender could pose to such school district if released or discharged. 23 § 2. Section 149 of the correction law, as amended by chapter 322 of 24 the laws of 2021, is amended to read as follows: 25 § 149. Released incarcerated individuals; notification to sheriff, 26 police, and district attorney. 1. In the case of any incarcerated indi- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08238-01-5 
 S. 3624 2 1 vidual convicted of a felony, it shall be the duty of the department, at 2 least forty-eight hours prior to the release of any such incarcerated 3 individual from a correctional facility, to notify the chief of police 4 both of the city, town or village in which such incarcerated individual 5 proposes to reside and of the city, town or village in which such incar- 6 cerated individual resided at the time of [his or her] such incarcerated 7 individual's conviction and the district attorney of the county where 8 the offense for which the incarcerated individual is incarcerated was 9 prosecuted, of the contemplated release of such incarcerated individual, 10 informing such chief of police and the district attorney of the name and 11 aliases of the incarcerated individual, the address at which [he or she] 12 such incarcerated individual proposes to reside, the amount of time 13 remaining to be served, if any, on the full term for which [he or she] 14 such incarcerated individual was sentenced, and the nature of the crime 15 for which [he or she] such incarcerated individual was sentenced, trans- 16 mitting at the same time to the chief of police a copy of such incarcer- 17 ated individual's fingerprints and photograph. Where such incarcerated 18 individual proposes to reside outside of a city, such notification shall 19 be sent to the sheriff of the county in which such incarcerated individ- 20 ual proposes to reside. Such notification may be provided by electronic 21 transmission to those willing jurisdictions that have the capability of 22 receiving electronic transmission notification. Any chief of police or 23 sheriff who receives notification of a released incarcerated individual 24 pursuant to this [section] subdivision may request and receive from the 25 division of criminal justice services a report containing a summary of 26 such incarcerated individual's criminal record. 27 2. In the case of any juvenile offender or adolescent offender 28 convicted of a felony, it shall be the duty of the department and the 29 office of children and family services, at least forty-eight hours prior 30 to the release of any such offender from a correctional facility or an 31 office of children and family services facility, to notify the chief of 32 police both of the city, town or village in which such offender proposes 33 to reside and of the city, town or village in which such offender 34 resided at the time of such offender's conviction and the district 35 attorney of the county where the offense for which such offender is 36 committed or placed in the custody of the office of children and family 37 services was prosecuted, of the contemplated release of such offender, 38 informing such chief of police and the district attorney of the name and 39 aliases of such offender, the address at which such offender proposes to 40 reside, the amount of time remaining to be served, if any, on the full 41 term for which such offender was sentenced, and the nature of the crime 42 for which such offender was sentenced, transmitting at the same time to 43 the chief of police a copy of such offender's fingerprints and photo- 44 graph. Where a juvenile offender or adolescent offender proposes to 45 reside outside of a city, such notification shall be sent to the sheriff 46 of the county in which such offender proposes to reside. Such notifica- 47 tion may be provided by electronic transmission to those willing juris- 48 dictions that have the capability of receiving electronic transmission 49 notification. Any chief of police or sheriff who receives notification 50 of a released or discharged offender pursuant to this subdivision may 51 request and receive from the division of criminal justice services a 52 report containing a summary of such offender's criminal record. 53 § 3. This act shall take effect immediately.