Posted by: Patricia Salkin | October 14, 2020

NY Appeals Court Rejects Challenge to Sex Offender Housing Restrictions

This post was authored by Amy Lavine, Esq.

The petitioner in Matter of Khan v. Annucci was convicted of sexual abuse and subject to the Sexual Assault Reform Act (“SARA”) during a period of post-release supervision. The law prohibited him from knowingly coming within 1,000 feet of a school, and prior to his release his wife moved into a SARA-compliant apartment in Brooklyn. The petitioner lived there for several years, but in 2018 he was directed to move to a new residence after a charter school leased space within 1,000 feet of the apartment. He then commenced this litigation. The court found that SARA’s school-grounds requirement applied equally to sex offenders serving periods of postrelease supervision beyond the maximum date of their release from prison, as it did to those “on parole or conditionally released.” The court further held the SARA school-grounds requirement did not violate substantive due process because it was “rationally related to the legitimate purpose of protecting children from the risk of recidivism.”

Matter of Khan v Annucci, 2020 NY Slip Op 04946 (NY App Div 2d Dept 9/16/20)

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