Assemblyman David G. McDonough (R,C,I-Merrick) was joined by fellow Assembly minority members and Westchester County District Attorney Jeanine Pirro at a press conference in Albany to call for immediate action on legislation that would keep dangerous sex offenders confined if they are deemed to pose a continued threat to society.

"As vice-chair of the Assembly Minority Task Force on Sex Crimes Against Children and Women, I have heard testimony and the panel has gathered information on how to combat sexual violence," said McDonough. "The result of these hearings is this civil confinement legislation, which is necessary to protect women and children from violent, repeat sexual predators."

If, upon evaluation at the time of their release, there are significant reasons to believe that convicted sexual predators may strike again, civil confinement would allow judges to order the worst sex offenders to be held in a secure facility beyond their prison release dates.

McDonough noted that 16 states, including New Jersey and Massachusetts, have laws allowing state officials to initiate an involuntary commitment process against convicted sex offenders after they have served their sentences. Typically, a judge or jury must find the offender "sexually violent" or "sexually dangerous" within the state’s definition of the term.

On three separate occasions, the U.S. Supreme Court ruled that civil confinement laws are constitutional. In 1997, the court ruled that sex offenders deemed incorrigible can be held indefinitely in mental hospitals despite having served their full prison sentences. In 2001, the court ruled that civil confinement was constitutional because it is civil in nature and did not violate the Constitution’s "double jeopardy" clause. In 2002, the court clarified the criteria states must meet to commit sexual predators, stating they must prove that offenders have "serious difficulty" controlling their violent behavior.

The assemblyman noted the Assembly minority conference has introduced civil confinement legislation since 1993 that has either been ignored or blocked by the majority, most recently by the Mental Health Committee in 2003.