The question in this case is whether the statutory provision barring sex offenders from entering onto or living near school grounds applies to someone who has been adjudicated a Level III sex offender but whose predicate offense is not a qualifying offense. The same issue is raised by People ex rel. Negron v. Superintendent, Woodbourne Correctional Facility.
In general, the Sex Offender Registration Act (SORA) groups sex offenders into three categories—Levels I, II or III—and imposes registration requirements depending on a sex offender’s category. An offender’s SORA level adjudication can also have implications outside the SORA registration context. For instance, it might trigger Executive Law § 259-c(14), which provides that certain sex offenders who are granted parole must be prohibited from going onto or living near school grounds.
This case turns on the interpretation of Executive Law § 259-c(14). That provision states that, “where a person serving a sentence for [a qualifying offense] and the victim of such offense was under the age of eighteen at the time of such offense or such person has been designated a [SORA] level three sex offender,” the school-grounds restriction applies.
Defendant was adjudicated a Level III sex offender based on a 1989 conviction for rape. Then, in 2007, he was convicted of burglary and robbery charges and given a sentence of 13 years prison, followed by five years post-release supervision. Upon his release, the State Board of Parole concluded that Executive Law § 259-c(14) applied and refused to release defendant because he could not find housing that was not too close to a school.
Petitioner brought this habeas corpus proceeding to challenge his continued retention. Supreme Court denied defendant’s habeas petition, and the Third Department reversed. Citing its earlier decision in People ex rel. Negron v. Superintendent, Woodbourne Correctional Facility, the court held that Executive Law § 259-c(14) did not apply to defendant and thus granted his petition for release.
The Court of Appeals granted leave to appeal.