The Impact and Legality of Sex Offender Residency Restrictions Created By New York’s Sexual Assault Reform Act

SUMMARY

Under the 2005 amendments to the Sexual Assault Reform Act (“SARA”), many convicted sex offenders in New York State are barred from “knowingly entering” within 1000 feet of the property line of any school or other facility used by persons under 18 years old.  That residency and movement restriction has generated considerable debate, both as to its efficacy in protecting the public and its legality vis-a-vis the rights of convicted sex offenders.  There is also an emerging consensus that the practical effect of this legislation, particularly in New York City, has been to create a housing crisis given the unavailability of compliant residences for convicted sex offenders. This report analyzes New York’s sex offender residency restriction statutes, surveys current social science on the efficacy of such restrictions and court opinions on their legality, and proposes areas for reform.  Ultimately, while residency restrictions may well be necessary in certain rare cases, the Committees conclude that existing restrictions under SARA sweep too broadly and there is a pressing need for a more particularized approach to their application.