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ALBANY--The Child Safety and Sexual Predator Punishment and Confinement Strategy, a comprehensive, effective approach to protecting New York state residents from sexual predators, will be on the Assembly agenda at the onset of the new legislation session.
Calling it "a tough, smart plan to safeguard communities," Assembly Speaker Sheldon Silver said the proposal advanced by the Assembly would impose mandatory life maximum sentences for the most serious sex crimes, civil commitment to ensure the most dangerous predators could be confined even after their prison sentences and a range of other measures to empower and assist victims and closely monitor those convicted of sex offenses once they are released.
Noting the criminal-justice plan was the culmination of a series of public hearings and a roundtable discussion with experts, Silver said the legislation would be among the first orders of business in the 2006 legislative session.
"Real, workable protections for New Yorkers have always been at the forefront of the Assembly's agenda," said Silver (D-Manhattan). "While there are those who have sought to turn these critical public safety issues into a media circus, the Assembly has been working with experts in the criminal justice, mental health and victims' rights fields to craft tough, smart, effective legislation aimed at truly protecting our communities. What we are putting forth is an effective strategy that seeks to increase public protection through a range of coordinated policies."
Following Assembly passage of a broad, anti-crime legislative package last session, Silver called on the chairs of the committees on Codes, Correction and Mental Health to convene public discussions to evaluate the best means by which New York laws can be changed to provide a stronger, more certain means to protect the public from sex offenses, including a discussion of whether New York should join several other states in enacting an involuntary civil commitment law for sex predators.
"Our efforts have been focused on building upon more than 100 new, tough-on-crime laws which have been enacted by the Legislature," said Silver. "These toughest laws in a generation have helped reduce violent crime in New York by 51 percent and made New York the safest large state in the nation. But clearly, more needs to de done to protect New Yorkers."
"This legislation seeks to protect New Yorkers from those individuals who we know will strike again. I believe this strengthens New York's sexual predator laws even more," said Joseph Lentol (D-Brooklyn), chair of the Codes Committee.
"After a discussion with various legal experts and public hearings that resulted in hours of critical testimony and review, the Assembly Majority is advancing a series of reforms relating to sex-offender management in New York State. Unlike legislation touted by the executive, the Assembly provides a series of effective tools. We implement not only civil commitment, but enhanced parole supervision and victim services. At the same time, we ensure legal protections for individuals subject to provisions of the law," said Assemblyman Jeffrion Aubry (D-Queens), who chairs the Correction Committee.
"This legislation provides for increased penalties and tougher procedures. It takes important steps to ensure prosecutors utilize tougher laws to keep sexual predators off our streets. Mandating increased minimum sentences that will be served by these criminals and civilly committing the most dangerous goes a long way toward making our communities safer," said Assemblyman Peter Rivera (D-Bronx), chair of the Committee on Mental Health.
The Assembly's plan would provide life sentences for the most heinous sex crimes.
Under provisions of a bill (A.8939) sponsored by Silver and Lentol, the Class B felonies of first degree rape, first degree criminal sexual act, first degree aggravated sexual abuse and first degree course of sexual conduct against a child would be elevated to a newly-created crime of Class A-II felony, carrying a prison term of 10 to 25 years to life, where one of the following aggravating factors was present:
--The defendant caused serious physical injury to the victim;
--The defendant threatened the use of a "dangerous instrument;"
--The defendant committed the crime against multiple victims; or
--The defendant was previously convicted of a sex felony.
Additional provisions would provide for the same life sentences for child sex offenders in cases in which the victim was under the age of 13 and the defendant was 18 years old or older.
A key element of the Assembly's plan provides for the potential lifetime civil commitment of dangerous sexual predators after they complete their prison sentences. The proposal would require the state Department of Correctional Services (DOCS) to establish treatment programs operated by the state Office of Mental Health (OMH) for all sex offenders.
Sex offenders whose sentences were completed would be eligible for civil commitment if they had been convicted of a felony sex offense or convicted of any murder, manslaughter or kidnapping crime committed in conjunction with a sexual offense felony or misdemeanor which was "sexually motivated."
Under the Assembly's civil commitment process, an initial screening would be conducted by the state OMH, which would forward commitment recommendations to the state attorney general. The lawmakers pointed out the attorney general would have to consult with the original prosecutor in the case and a panel of sex offender management and treatment experts.
Indigent offenders would be provided with counsel and the court would conduct a probable cause hearing and appoint two independent psychiatrists to evaluate the offender. Offenders would be subject to civil commitment if determined to be sexual predators by a jury beyond a reasonable doubt. The statute would
require strict separation of sexual predators from persons with mental disabilities who were housed in mental hygiene facilities.
Silver added that the status of confined predators would be reviewed annually by the courts. Additionally, offenders not subject to civil commitment could be subject to intensive supervision for life. Offenders who violated their supervision terms could then be subject to civil confinement.
"Ensuring the safety of the population residing at these facilities must be an integral part of any state action. As chairman of the Assembly Mental Health Committee, I have fought vigorously to ensure the use of psychiatric facilities to house sexual predators does not compromise the ongoing and daily health needs of children and individuals with mental health problems," said Rivera.
Silver and the Assembly chairs also noted the Assembly's package includes a range of initiatives to further regulate and punish sex offenders, improve the use of DNA evidence, assist victims and eliminate the statute of limitations in many sex offense cases. 12-07-05
© 2005 North
Country Gazette
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