Giglio Calls Civil Confinement Legislation Step In Right Direction

Measure sets stage for tougher penalties against sexually violent criminals
January 24, 2006

Assemblyman Joe Giglio (R,C,I-Gowanda) joined his Assembly colleagues in voting for civil confinement legislation that targets sexually violent criminals who prey on women and children.

“While there is still much work to be done to safeguard our families and neighborhoods, this piece of legislation is a step in the right direction,” said Giglio. “We must do more to make sure these sordid criminals are kept safely distant from our families. I am happy to have voted on what I hope is the first of many civil confinement enhancements.”

Giglio is hopeful he will be able to vote on the Assembly minority conference’s version of civil confinement under which a convicted sex offender determined to be a “sexually violent predator” by a jury would be sent to a secure mental-health facility for care, treatment and control until the person is no longer considered a sexually violent predator. A jury would have to determine the person committed a sexually violent offense and also suffers from a mental abnormality that predisposes the individual to commit more sex crimes if freed from prison.

An individual confined to a facility must be evaluated annually by a psychiatric examiner who, in turn, presents the findings to pertinent state officials. If the officials determine the offender is no longer a sexually violent predator, the individual may petition a judge for discharge from confinement.