McDonough Claims Victory On Civil Commitment Agreement

Hard work and perseverance finally pay off

Assemblyman David G. McDonough (R,C,I-Merrick) claimed victory for today’s historic legislative agreement that will confine the most dangerous sex offenders after their prison sentences are completed.

“The first ever civil confinement bill was introduced on March 2, 1993 by the Assembly Minority Conference, and every subsequent year thereafter. Today’s agreement is the culmination of 14 years of effort by former and current colleagues,” said McDonough. “Since being elected five years ago, and as a member, then co-chairman, of the Assembly Minority Sexual Assault and Violence Education Task Force, I have talked with victims and their families about the emotional and physical devastation that sexual predators have caused them. This is a landmark day for them, for the future protection of our most vulnerable citizens, and our community as a whole.”

The specifics of the legislation would:

  • Allow the state to keep dangerous sex offenders off the streets after they are released from prison, in secure facilities where they can receive intensive mental health treatment;
  • Establish a state Office of Sex Offender Management that will coordinate all areas related to sex offenders and victims including post-release supervision, treatment, monitoring, risk assessment, civil commitment, community awareness and victim assistance;
  • Give judges the option of imposing intensive supervision as an alternative to confining offenders in a secure mental facility;
  • Create screening panels, which will determine whether a released prisoner is a candidate for civil confinement, composed of mental health officials;
  • Include stiffer penalties for sex offenders and broaden the category of sexual offense to include crimes motivated by sexual violence. For example, a person who is caught breaking into a house to rape a woman would be charged with a sexually motivated offense even if the offender does not succeed in harming the woman;
  • Mandate determinate (fixed) sentencing for sex offenders.