Section 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.