McDonough: Majority’s Bill Falls Short On Civil Confinement

Assemblyman David G. McDonough (R,C,I-Merrick) today criticized the Assembly majority and their dangerously inadequate civil confinement bill that was introduced and passed on the Assembly floor.

“Since 1996, the state Senate has consistently passed civil confinement legislation that the Assembly majority has blocked; now, we have legislation that is woefully inadequate and would place our communities at risk,” said McDonough. “However, I voted in favor of the bill which I hope will force a call for a joint conference committee to come to a realistic agreement on civil confinement, not just one house bills.”

The specific provisions of the majority bill deemed unacceptable by McDonough are:

  • Individuals currently incarcerated for sex offenses are not eligible for civil confinement
  • Offenders accepting plea agreements are exempt
  • A strict standard of five criteria must be met before sex offenders can be considered for civil confinement
  • Sexual predators found eligible for civil confinement must meet two separate jury determinations before they are eventually confined.

“This legislation fails to protect New Yorkers and does more to protect the rights of the sex offenders,” said McDonough. “The victims of sexual offenses and our communities deserve more protection than what the majority has proposed.”

Assembly minority legislation would make all sex offenders eligible for civil confinement, eliminate plea agreements and allow for a single jury determination for civil confinement.