Assemblyman David G. McDonough (R,C,I-Merrick) today blasted the majority-led Assembly Mental Health Committee for refusing to allow civil confinement legislation to come to the floor for debate and a vote by the full Assembly. The legislation would give judges the authority to keep the most dangerous sex offenders confined if they are deemed to pose a continued threat to society.

"Recent tragic national incidents highlight the fact we all need protection from violent sexual predators. Failure of the majority-led Mental Health Committee to address this issue and allow a vote on civil confinement legislation is a failure to all New Yorkers," said McDonough.

Civil confinement gives judges the option of ordering dangerous sexual predators held in secure mental health facilities after the completion of their prison terms if the offenders are deemed to pose a continuing threat to society. Final decisions would be made only after lengthy review processes culminating in unanimous jury verdicts.

The U.S. Supreme Court has ruled that civil confinement laws are constitutional. In 1997, the court ruled that sex offenders deemed incorrigible can be held indefinitely in mental health facilities 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.

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

The Assembly minority has introduced civil confinement legislation since 1993 that has been ignored or blocked by the majority, noted McDonough. Since then, the state Senate has passed similar measures on several occasions, and Gov. George Pataki has pledged his support. The Assembly majority on Tuesday blocked an effort by the Assembly minority to bring three major child protection bills to the floor for a vote by the full house.

To voice concerns about this legislation or other legislative initiatives, send McDonough an e-mail at mcdonod@assembly.state.ny.us.