259 - Division of parole; organization.
§ 259. Division of parole; organization. 1. There shall be in the executive department of state government a state division of parole. The chairman of the state board of parole shall be the chief executive officer of the division. He shall appoint and shall have the power to remove, in accordance with the provisions of the civil service law, all officers and employees of the division, and shall prescribe their powers and duties and fix their compensation within the amounts appropriated therefor. 2. The chairman shall promulgate such regulations as are necessary and proper for the efficient operation of the division. He shall have the authority to contract with public or private agencies for the performance of such functions as he deems necessary or desirable to promote the efficient operation of the division and the fulfillment of all lawful responsibilities of the division or employees thereof except the functions defined in subdivisions three, four and five of section two hundred fifty-nine-a of this article. 3. The chairman may, from time to time, create, abolish, transfer and consolidate bureaus and other units within the division, not expressly established by law as he may determine necessary for the efficient operation of the division, subject to the approval of the director of the budget. 4. The principal office of the division shall be in the county of Albany. 5. The chairman shall promulgate rules and regulations which shall include guidelines and procedures on the placement of sex offenders designated as level two or level three offenders pursuant to article six-C of the correction law. Such regulations shall instruct the division of parole to consider certain factors when investigating and approving the residence of level two or level three sex offenders released on presumptive release, parole, conditional release or post-release supervision. Such factors shall include the following: (a) the location of other sex offenders required to register under the sex offender registration act, specifically whether there is a concentration of registered sex offenders in a certain residential area or municipality; (b) the number of registered sex offenders residing at a particular property; (c) the proximity of entities with vulnerable populations; (d) accessibility to family members, friends or other supportive services, including, but not limited to, locally available sex offender treatment programs with preference for placement of such individuals into programs that have demonstrated effectiveness in reducing sex offender recidivism and increasing public safety; and (e) the availability of permanent, stable housing in order to reduce the likelihood that such offenders will be transient.