The New York TimesThe New York Times
“In effect,” Justice Sonia Sotomayor wrote, “New York’s policy requires indefinite incarceration for some indigent people judged to be sex offenders. (Erin Schaff/The New York Times) (NYT)

Angel Ortiz had served his time in prison for robbery and attempted sexual abuse. He faced an unwinnable game of real-estate Battleship before he could go free.

A New York law barred him from living near a school while he was on parole because he was a sex offender. He was not allowed to leave until he found a suitable address.

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They did nothing to help him.

The judge said that the department gives an inmates occasional access to a telephone, instructs the inmates to find and propose potential places to live, and informs the inmates from time to time that the proposed addresses are not acceptable.

He had to serve an extra 25 months because he couldn't find a place to live. His mother and daughter lived in New York City. Most of the city is off limits because most of the residential areas are close to a school.

After officials denied his request to move in with his mother, he came up with dozens of other alternatives. All were denied.

In effect, the Supreme Court's refusal to hear the case of Ortiz means that New York's policy requires indefinite imprisonment for some indigent people.

According to court papers, he was accused of sexually threatening a pizza delivery man during the course of a robbery designed to secure money in order to obtain drugs. He spent all of the months behind bars for lack of a place to go because of credits for good behavior.

After 10 years, officials refused to let him go. Instead, they moved him to what they called a residential treatment facility, which were actually ordinary correctional institutions.

Mr. Ortiz was housed with the general population, slept on a bunk bed in a dormitory-style unit, had his possessions stored in a small gray locker, and used the same bathroom, showers and recreation rooms as the general prison population.

He filed a writ for his freedom.

The courts in New York turned him down. The residential prohibition in New York City raises serious constitutional concerns according to the statement issued by Sotomayor.

When a bed opened up in the New York City shelter system on Wards Island, one that was far enough from schools to satisfy the New York law, Ortiz was released.

The New York Court of Appeals ruled against him in 2020 and said his release did not make his case go away.

In New York, some 250 people are kept in jail each year after being released, according to court papers. This creates a cruel Catch-22 for people who are classified as sex offenders because they won't be released from prison until they get approved housing.

It's hard for people with money, connections, time and mobility to find a place to live in New York City. It is very difficult to do so from a prison cell.

She wrote that families have limited English-language abilities, computer literacy, financial resources, and knowledge of the housing market.

The New York law does not appear to advance the States' interest in protecting children from sexual violence.

There is no empirical support for the effectiveness of residence restrictions.

A number of negative consequences have been identified, including loss of housing, loss of support systems and financial hardship that may aggravate rather than mitigate offenders risk.

New York's attorney general urged the Supreme Court to reject the case.

She hoped that New York would reexamine its policy in a way that gave due regard to the constitutional liberty interests of people like Ortiz.

The Supreme Court should act if that doesn't happen.

It seems only a matter of time until this court will address the question presented in this case, because of the grave importance of these issues.

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