Statement On Civil Commitment

Today, the New York Court of Appeals ruled unanimously that the Pataki administration used improper procedures in civilly committing sexual offenders following the completion of their prison terms. Fortunately, however, the court did not order the release of any of these offenders and held that existing law, properly applied, could continue to be used to civilly confine sexual offenders in the future. Nevertheless, the Assembly continues to urge that a new statute be enacted to provide even stronger authority for the civil commitment of dangerous sexual predators than the authority which the court reaffirmed already exists under current law.

It is unfortunate for all New Yorkers that on an issue of such great importance the only response that the Republicans have is the same lies and mistruths they have perpetuated throughout this process.

The Assembly has repeatedly called on the Senate to end its "overt, obstruction" of the conference committee process (http://www.assembly.state.ny.us/comm/Codes/20060726/). However, the Senate Majority was more interested in staging press conferences and delivering sound-bites than sitting down in open forums to enact effective legislation.

On January 23, as part of its comprehensive Child Safety and Sex Predator Punishment and Confinement Strategy, the Assembly unanimously passed legislation that would provide for the civil commitment of sexual predators. Other bills in the Assembly's package would provide for mandatory minimum sentences, including up to life sentences for the most heinous sex crimes, mandatory treatment for incarcerated sex offenders and enhanced services for victims of sexual assault.

Following passage of similar bills by both the Senate and the Assembly earlier this year, a conference committee was convened in February to negotiate legislation to provide for the civil commitment of dangerous sexual predators after they complete their prison sentences.

Because of prior success of conference committees to settle diverse issues ranging from the state budget to women's health and voting standards, the Assembly Majority has vigorously supported conference committees as a viable tool for negotiating legislative differences between the two houses since I first proposed them upon becoming Speaker in 1994.

The committee was suspended with bipartisan agreement on March 8th to allow for the completion of an on-time state budget.

Since the completion of the budget, the Assembly has repeatedly called on the Senate to reconvene the conference committee. Fortunately, the Senate has finally decided to re-engage on this critical public safety issue.

Instead of participating in another political road show aimed at misleading New Yorkers and garnering headlines, the governor and the Senate should work with the Assembly on tough, effective laws that crackdown on sex predators; anything less amounts to playing politics with our children's lives.

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Click here to view the most recent correspondence from the Senate on civil commitment.