N.Y. Comp. Codes R. & Regs. tit. 9 § 5.13
WHEREAS, it is the first obligation of government to protect its citizens from crime and violence;
WHEREAS, the Probation-Eligible Diversion Program, formerly known as Operation 360, provides funding for enhanced community-based supervision and treatment for probation-eligible, non-violent felony offenders who have not previously been convicted of a felony offense and who otherwise would have received state prison sentences;
WHEREAS, the Probation-Eligible Diversion Program is intended to increase the available capacity in the correctional system for violent felony offenders without jeopardizing public safety;
WHEREAS, although certain felony sex offenses are not denominated "violent felony offenses" under the Penal Law, they are often committed by means of violence and are highly traumatic crimes that inflict grievous psychological harm even when their commission does not entail actual violence;
WHEREAS, the Probation-Eligible Diversion Program does not presently bar the diversion from state prisons of persons convicted of felony sex offenses; and
WHEREAS, there is a high degree of recidivism associated with sex offenses and public confidence in the Probation-Eligible Diversion Program would be seriously undermined in the event that a felony sex offender was diverted under the program from a state prison sentence and committed another sex offense despite community-based supervision;
NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order the State Director of the Division of Probation and Correctional Alternatives to issue all necessary and appropriate directives to bar the diversion under the Probation-Eligible Diversion Program from state prisons of felony sex offenders.
Signed: George E. Pataki
Dated: April 28, 1995
Footnotes
* [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.] [Revoked by Executive Order No. 9 (David A. Paterson), infra.] [Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]
N.Y. Comp. Codes R. & Regs. Tit. 9 § 5.13