Here is a statistic that should alarm us all -- and not just those with young children: Rates of recidivism (repeating an offense over and over) for persons who commit sexually violent offenses are extraordinarily high. According to a report from the New York State Department of Correctional Services,, approximately forty-nine percent of sex offenders for the period from 1986 through 1995 who were released from New York prisons in 1986 were returned to prison for a violation of parole, or for committing a new crime. Forty-nine percent! That means a serious number of offenders were in our communities during that time, and they committed additional crimes while released. That’s why the New York State Senate has again approved legislation (S.650) that would provide for the civil commitment of sexually violent predators at a secure treatment facility after they’ve completed their prison sentence in order to protect the public from criminals likely to commit repeated acts of sexual violence. The senate bill provides for treatment at secure facilities and simultaneously extends greater protection to the public by establishing procedures to commit persons who have committed acts of sexual violence and are likely to commit more sex crimes. Civil commitment is similar to imprisonment; it is retaining a criminal in a secure setting -- but with treatment -- following completion of his sentence in order to protect the community. The state senate has worked very hard over the past several years in trying to come to an agreement with the state assembly to pass legislation that would keep violent sexual predators and child molesters in a secure mental health forensic facility. The bill that we just passed incorporates remedies to the state assembly’s concerns, which in the view of many experts balances the protection of the law-abiding public and the mental health needs of those afflicted with an abnormal and destructive condition. Almost half of the people who commit sexually violent offenses and are released from prison are returned to prison, either for violations of their parole or for committing new crimes. The public needs to be protected from these dangerous sexual predators, and at the same time, these offenders desperately need to get sufficient treatment. The senate has repeatedly passed civil confinement legislation and Governor Spitzer has also voiced his support for civil commitment. Unfortunately, we have been unable to secure agreement with the assembly. In order to protect the public and provide treatment to dangerous offenders, at least sixteen other states and the District of Columbia have passed laws authorizing the civil commitment of sexually violent predators at the end of their criminal sentences. States in America that have enacted civil confinement legislation include Arizona, California, Florida, Illinois, Kansas, Massachusetts, Minnesota, Missouri, Nebraska, New Jersey, North Dakota, South Carolina, Texas, Virginia, Washington, and Wisconsin. The United States Supreme Court has repeatedly upheld the involuntary civil commitment of dangerous persons who are unable to control their behaviors and whose mental illnesses render them a grave risk to the health and safety of the public. Some of these sexually violent predators have mental abnormalities that make them even more likely to continue committing acts of sexual violence. However, the existing programs in state correctional facilities are insufficient to address the problem. As a result, the predators are eventually released into the community without the benefit of treatment or care designed to address their unique treatment needs. The confinement of sexual predators -- treating them and keeping the public safe from their tendency to repeat their crimes -- is a serious public policy and safety issue. I call on the assembly to move quickly to open talks with the senate and the governor to develop a genuine bill that will protect our communities and our children. Time is wasting.
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