Gonzalez v. Annucci

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The Court of Appeals concluded that the Appellate Division erred in holding that the Department of Corrections and Community Supervision (DOCCS) had an obligation to provide sex offenders residing in a residential treatment facility (RTF) with substantial assistance in identifying appropriate housing, holding that the agency met its statutory obligation to assist Petitioner in this case. The Board of Parole imposed a special condition on Petitioner’s release requiring him to propose an appropriate Sexual Assault Reform Act (SARA)-compliant residence to be investigated and approved by DOCCS. Because Petitioner was unable to identify a suitable residence by his maximum expiration date, the Board of Parole imposed the condition that Petitioner be transferred to a RTF. Petitioner commenced this N.Y. C.P.L.R. 78 proceeding asserting that DOCCS failed to provide him with assistance in locating housing. The Appellate Court concluded that DOCCS had an affirmative statutory obligation to provide “substantial assistance” to inmates who have been placed in an RTF and who are subject to the mandatory residency restrictions in SARA in locating appropriate housing and that DOCCS failed to satisfy its statutory duty to Petitioner. The Court of Appeals modified the order of the Appellate Division, holding that the Appellate Division erred in imposing a heightened duty of substantial assistance on DOCCS. View "Gonzalez v. Annucci" on Justia Law