Assembly Majority Advances Plan To Keep Sex Predators Registered

Silver Calls For Megan's Law Conference Committee To Protect Public Safety

Calling on the state Senate to "stop hiding behind a bill that would violate the provisions of federal legislation, create confusion in keeping track of sex offenders and potentially cause New York State to lose tens of millions of federal dollars," Speaker Sheldon Silver announced today the state Assembly would act this afternoon on legislation (A.9082) that would immediately stop sex offenders from being removed from the state registry.

Silver was joined by Assembly Codes Committee Chair Joseph Lentol and Correction Committee Chair Jeffrion Aubry in announcing the Assembly action. The lawmakers noted the measures winding their way through Congress would require New York - and potentially every other state - to revise the state's Sex Offender Registries completely. As a result, even if the Assembly adopted proposals advanced in the state Senate to rewrite Megan's Law, that legislation would likely be rendered obsolete by the enactment of a new federal law. The House already has passed legislation establishing a national standard for how state Megan's Laws must be structured (H.R. 3132, "The Children's Safety Act of 2005"). United States Senator Charles Schumer (D-NY) is also sponsoring similar legislation in the Senate to end the state-by-state disparity in registration and notification procedures (S.1086).

Currently, the length of registration for sex offenders under New York law depends on a risk level assigned by the court (whether the offender is at "low risk", "moderate risk" or "high risk" of re-offense). HR 3132 would abolish the "risk level" concept nationwide and instead require a 20-year or lifetime registration, based on an offender's crime of conviction and criminal history.

Silver said the federal bill would also change the rules throughout the nation regarding community notification, verification and registration processes. Once enacted, all jurisdictions would need to come into compliance with this federal law in order to maintain full eligibility for certain federal crime-fighting funds.

"Not one individual will come off the rolls of New York's Sex Offender Registry if the Senate and governor move quickly to support the bill the Assembly will pass today. It's long past time for the Senate to stop playing politics with public safety," said Silver (D-Manhattan). "We call on the Senate to either support our bill or join the Assembly in convening a conference committee to ensure no sex offender is taken off the registry."

"The Assembly's legislation allows New York State to continue keeping the public notified about convicted sexual predators in anticipation of the federal government completing its work on developing a comprehensive and uniform nationwide program," said Lentol (D-Brooklyn). "By establishing a moratorium under our bill until April of 2007, we can help keep our families safe until new federal standards are put in place, without removing currently registered offenders from the list."

"In light of the expected federal action, the Assembly is proposing an extension to ensure that those who would start coming off as of January 21, due to the 10-year expiration remain on the registry. It is our position that this would allow New York to craft an effective law that complies with the anticipated federal legislation," said Aubry (D-Queens), who sponsors the bill.

Assembly Civil Commitment Bill Introduced

Silver, Lentol, Aubry and Mental Health Committee Chair Peter Rivera also announced the introduction of a major piece of the Assembly's Child Safety and Sexual Predator Punishment and Confinement Strategy, a comprehensive, effective approach to protecting New York State residents from sexual predators. The bill provides for potential lifetime civil commitment of sexual predators after they finish their prison sentences, if a jury decides they are sex predators likely to repeat their crimes.

"After carefully researching this issue through public hearings, the Assembly Majority has proposed what newspaper editorials across the state have called a more thorough, more effective plan than any other currently under consideration in Albany," said Silver. "I strongly urge the governor and Senate to join us in supporting this tough, comprehensive plan for making our communities safer."

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 that was "sexually motivated."

Under the Assembly's civil commitment process, an initial screening would be conducted by the state Office of Mental Health (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 before determining whether or not to bring a civil commitment petition.

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.

The lawmakers added that the status of confined predators would be reviewed annually by the courts. Additionally, offenders not subject to civil confinement could be subject to intensive supervision for life. Offenders who violated their supervision terms could then be subject to civil confinement.

The Assembly's civil commitment bill would require the state Department of Correctional Services (DOCS) to establish treatment programs operated by OMH for all sex offenders.

Other elements of the Assembly's Child Safety and Sexual Predator Punishment and Confinement Strategy provide for longer prison 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.

Additional measures in the Assembly sex offender package include legislation aimed at halting sex crimes through awareness, enhanced training and preventative measures. The Sexual Abuse Prevention Act (A.8294) mandates Internet providers give subscribers notice of filtering devices to protect children from harmful material; improves training for police officers investigating sexual assault cases; creates a training curriculum for child protective service workers to be used in investigating sexual abuse; and provides for a toll-free hotline to connect sexual assault victims with a rape crisis center in their area. Other bills would help schools teach children to protect themselves from sexual assault and abuse (A.8415) and make training videos to help parents protect their children available at public libraries and police precincts (A.9148).

"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, comprehensive, effective legislation aimed at truly protecting our communities. What we are putting forth is a proven strategy to increase public protection through a range of coordinated initiatives," said Silver.

"This legislation seeks to protect New Yorkers from those individuals who we know will strike again," said Lentol.

"The Assembly Majority is advancing a series of reforms relating to sex-offender management in New York State. 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 Aubry.

"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 Rivera (D-Bronx).

Under the bill (A.8939-A), 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. Additional provisions would provide for the 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.

The Assembly's package also includes a range of initiatives to enhance the regulation and punishment of sex offenders, improve the use of DNA evidence, assist victims and eliminate the statute of limitations in many sex offense cases.

The lawmakers noted that over the past decade, New York has significantly strengthened the laws that punish sex offenders and other violent criminals and has enacted measures bolstering the control and supervision of offenders after longer prison terms are completed. Among the new laws are statutes that provide life sentences for certain twice-convicted child sex offenders, increase penalties for statutory rape, create a new "date rape" statute that makes proving rape significantly easier and enhance the state's Sex Offender Registration Act, known as "Megan's Law".

Last session, the Assembly, Senate and governor reached an agreement on legislation banning the use of public funds to cover Viagra and other prescriptions, medical procedures or supplies intended to enhance sexual performance for registered sex offenders.

Another bill passed last session by the Assembly would help communities stay better informed about sexual predators by expanding the Internet placement of Megan's Law registrants' photos and personal information to include moderate-risk (Level 2) offenders.

"Over the next several months we have a tremendous opportunity to work in a bipartisan fashion to implement policies that benefit communities across New York State. I fully expect to work with the Senate and governor to make this plan state law and a signature accomplishment of the 2006 session," said Silver.

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