Assemblyman David G. McDonough (R,C,I-Merrick) today announced that the Senate again passed civil confinement legislation (S.650), which would provide for the civil commitment of sexually violent predators at a secure treatment facility after they have completed their prison sentence. This legislation’s intention is to protect the public from criminals likely to commit repeated acts of sexual violence.

“For the past decade the Senate has passed civil commitment legislation only to see it blocked in the Assembly,” said McDonough. “The Speaker and his Assembly leadership have continued to play games with legislation that will provide additional protection for our communities and our most vulnerable populations. Is another session going to pass without action on this legislation?”

The United States Supreme Court has repeatedly upheld the involuntary civil commitment of dangerous individuals who are deemed unable to control their behaviors and whose mental illnesses render them a grave risk to the health and safety of our community.

Recidivism rates for individuals who commit sexually violent offenses are extraordinarily high. A report from the New York State Department of Correctional Services, for the period from 1986 through 1995, stated that approximately 49 percent of sex offenders who were released from New York prisons in 1986 were returned to prison for a violation of parole, or for committing a new crime.

Existing programs in our state correctional facilities do not address treatment alternatives for incarcerated sex offenders. As a result, predators are being released back into our communities without the benefit of treatment or care designed to protect against recidivism. The Senate bill provides for such treatment at secure facilities and simultaneously extends greater protection to the public by establishing procedures to civilly commit persons who have committed acts of sexual violence and are likely to commit more sex crimes.