A new report says sex offenders in New York State are being legally placed in group homes for people with developmental disabilities.

WKBW reports The Jonathan Carey Foundation has identified at least 40 registered sex offenders who were placed in those homes because they have diagnosed developmental disabilities. The advocacy group's founder, Michael Carey, says it's a concern because friends and family of people living in those group homes are not alerted when a sex offender moves in.

"New York State Attorney General Barbara Underwood must legally direct Governor Andrew Cuomo, the Commissioners of DOCCS and OPWDD as well as the Executive Director of the Justice Center to immediately cease from placing convicted sex offenders from prison into state and private group homes for people with disabilities," Carey said. "The Attorney General must also ensure that all sex offenders placed within the system statewide are swiftly removed to protect our most vulnerable from preventable sexual assaults or rape. Anyone involved in committing these felonies must be held accountable to the full extent of the law."

According to CNY Central, a law was recently proposed to make it illegal for sex offenders with developmental disabilities to be in community residences. The bill was passed by the State Senate this year, but stalled in the Assembly.

Carey says it should still be a felony because a state law (NYS Penal Law 260.25) states, "a person is guilty of endangering the welfare of an incompetent or physically disabled person in the first degree when he knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of a person who is unable to care for himself or herself because of physical disability, mental disease or defect."

Carey, who started the foundation after his son Jonathan died at a state facility, says he found 33 sex offenders in group homes for people with developmental disabilities in the Albany area. Another two were located near Buffalo and five were found near Rochester.

"These are our most vulnerable citizens, and they are defenseless," Carey told WHAM-TV. "They need help, and their families need help."

The Office for People With Developmental Disabilities (OPWDD) told WKBW that staff at group homes take certain precautions for every resident, which can include enhanced supervision and restricted phone or internet access.

"Under State law and decades long practice, people with developmental disabilities who have sex offender designations can be and have been legally and appropriately served in group homes," a statement said. OPWDD only provides services for people with a diagnosed developmental disability as defined by state law, and OPWDD is further obligated by law to provide needed services to those who qualify regardless of a person's clinical or forensic history. This practice has been followed for decades to assure that these individuals with developmental disabilities receive appropriate services and supports while ensuring the safety of others."