Three individuals formerly convicted of sex offenses are challenging their continued confinement in a “residential treatment facility” (a prison-like confinement) because they could not find housing that was compliant with the state’s 1000 foot residency restrictions. From the Court’s summary of the case: The three challenge their indefinite detention in prison or prison-based residential treatment facilities (RTFs) after their prison terms expired or they were granted parole. All three offenders were subject to post-release supervision (PRS) and were held past their release dates by the Department of Corrections and Community Supervision (DOCCS) when they were unable to find housing that complied with the Sexual Assault Reform Act (SARA), which bars certain sex offenders from residing within 1,000 feet of any school grounds (Executive Law § 259-c[14]). DOCCS relied on Correction Law §73(10), which authorizes it “to use any residential treatment facility as a residence for persons who are on community supervision.”

Oral arguments begin at 2PM today in Albany. Oral arguments can be watched here:


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