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Suffolk County, NY
 
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Table of Contents
Table of Contents
[Adopted 12-18-2007 by L.L. No. 39-2007 (Ch. 428, Part 2, of the 1985 Code)]
A. 
This Legislature hereby finds and determines that in the event of a natural or man-made disaster, the residents of Suffolk County may avail themselves of 121 general-population shelters, three pet-friendly shelters and three special-needs shelters.
B. 
This Legislature further finds that the Suffolk County Department of Fire, Rescue and Emergency Services provides support for these shelters, many of which are operated by the American Red Cross.
C. 
This Legislature also determines that during an emergency, registered sex offenders could be housed in close proximity to children, and those operating the shelter would not be aware of this potentially dangerous situation.
D. 
This Legislature further finds and determines that in order to protect the residents of Suffolk County, particularly children, registered sex offenders should not be housed in a general-population shelter but, rather, should be placed in a separate facility during a public emergency.
E. 
Therefore, the purpose of this Part 2 is to require sex offenders to disclose their status when checking into an emergency shelter. Further, Part 2 of this chapter will mandate responsible County departments to maintain a separate shelter for sex offenders and require the removal of sex offenders to this shelter to the fullest extent practicable.
As used in this Part 2, the following terms shall have the meanings indicated:
DEPARTMENT
The Suffolk County Department of Fire, Rescue and Emergency Services.
PUBLIC EMERGENCY
An emergency declared by the Governor of the State of New York or the Suffolk County Executive as a result of an occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man-made causes, including but not limited to fire, flood, earthquake, hurricane, tornado, high water, landslide, mudslide, wind, storm, wave action, epidemic, air contamination, explosion, radiological accident or water contamination.
REGISTERED SEX OFFENDER
Any person who has been convicted of an offense and is registered with the New York State Division of Criminal Justice Services pursuant to the provisions of Article 6-C of the New York Correction Law.
SHELTER
A facility operated by the County of Suffolk, the American Red Cross or any other emergency services organization to provide temporary housing to members of the public in response to a public emergency.
A. 
When checking into a shelter during a public emergency, registered sex offenders shall immediately notify the shelter manager, a shelter employee or a shelter volunteer of their sex offender status.
B. 
The shelter operator shall notify the Department when a registered sex offender has checked into the shelter during a public emergency.
A. 
The Department, in cooperation with the Department of Probation, is hereby authorized, empowered and directed to establish and maintain a shelter that will be used solely to house sex offenders during a public emergency.
B. 
Upon being notified that a registered sex offender is present at a general-population emergency shelter, the Department shall cause the sex offender to be removed to the shelter established pursuant to Subsection A of this section. If the Department determines that the sex offender cannot be moved safely, the Department shall take all steps practicable to have a law enforcement officer assigned to the shelter to monitor the sex offender.
C. 
The Department of Probation is hereby authorized, empowered and directed to monitor the registered sex offenders that are housed at the shelter established hereunder.
The failure of a registered sex offender to comply with the requirements of § 745-12A of this Part 2 shall constitute an unclassified misdemeanor punishable by a fine of $1,000.
This Part 2 shall apply to actions occurring on or after the effective date of this Part 2.