Statement of JUSTICE SOTOMAYOR respecting the denial of certiorari.

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In New York, criminal defendants who earn sufficient
good time credits before the end of their prison sentences
are entitled to conditional release. Defendants classified by
the State as “level three sex offenders,” however, must first
assure the State that they will not reside within 1,000 feet
of any school. In New York City, this is no easy task, and
the difficulties of finding a compliant residence can result
in defendants serving additional time in prison past the ex-
piration of their sentences. Because petitioner Angel Ortiz
was unable to identify any release address that satisfied the
State’s requirement, he spent over two additional years in-
carcerated when he should have been at liberty. Although
Ortiz’s petition does not satisfy this Court’s criteria for
granting certiorari, I write to emphasize that New York’s
residential prohibition, as applied to New York City, raises
serious constitutional concerns

In denying cert to NY State:

“Despite the empirical evidence, legislatures & agencies are often not receptive to the plight of people convicted of sex offenses & their struggles… the Constitution protects all people, & it prohibits the deprivation of liberty based solely on speculation & fear.”

https://www.supremecourt.gov/opinions/21pdf/20-7846_j5fl.pdf