From The Department Of Pre(Sex)-Crime
State Plan to Monitor Sex Offenders Goes Beyond Detention
DANNY HAKIM
NYT . March 4, 2007
New guidelines and procedures announced by Gov. Eliot Spitzer and legislative leaders on Thursday for confining sex offenders who have completed prison sentences go well beyond detaining the most violent predators. The law, which would be one of the most far-reaching of its kind in the country, would also provide mental health treatment to inmates while they are jailed or confined and impose supervision and treatment after their release.
Even those under 18 at the time of an offense could be subject to civil confinement under the agreement, though officials said such cases would probably be rare. Those convicted of any of a wide range of sex-related felonies would be reviewed for potential detainment after their prison sentences end, including those convicted of some nonviolent crimes like giving minors indecent material.
The agreement would eliminate parole for a greater number of sex crimes and give judges discretion to impose far longer terms of post-release supervision during an offender’s initial sentencing, to as much as 25 years from a maximum of 5 years now.
The agreement would also create a new “sexually motivated felony” that would apply to those who intended to commit a sex crime but did not.
“My hope and expectation is that our approach will become a national model,” Mr. Spitzer said at a joint news conference with legislative leaders. He noted that the proposed legislation went well beyond what has been discussed before by the Legislature.
Civil libertarians have long voiced concern about similar laws that exist in varying forms in nearly 20 other states.
Donna Lieberman, the executive director of the New York Civil Liberties Union, said a legal challenge “would certainly be a possibility,” though it would require a test case. She said it was difficult to respond because the deal was negotiated behind closed doors.
“Despite all the talk of reform and openness and a new era in Albany, we once again have three men in a room cutting a deal on a very serious issue without the Legislature even being in town and with no plan for a hearing,” she said.
The legislation is virtually certain to pass because it was negotiated by the leaders of both houses and the governor. The issue of whether offenders younger than 18 could be confined after release was a major sticking point for Assembly Democrats, who relented after it was agreed that those classified by judges as youthful offenders would be exempt.
Washington State passed the first civil confinement law for sex offenders in 1990, and similar laws have been challenged in a number of other states. In 1997, in a 5-to-4 decision upholding a Kansas law, the Supreme Court ruled that states could confine violent sex offenders in mental hospitals even if the offenders did not meet the typical criteria for commitment of the mentally ill.
The new deal here would put in place a complex set of procedures. Before release from prison, sex offenders would be screened by mental health professionals to determine whether they might be predisposed to commit further sex offenses.
If an offender is judged a risk, the case will be referred to the attorney general’s office, which will decide if a jury should be convened to determine whether the inmate requires further supervision. A unanimous decision would leave it to a judge to decide whether to confine the person or impose supervision after release.
Most detainees would be housed in an existing mental health facility in St. Lawrence, north of Syracuse. Talks are continuing on building a dedicated facility to house sex offenders, which legislative officials have said could cost $200 million.
The deal was seen as a new victory for Mr. Spitzer, who succeeded in forging a compromise where George E. Pataki had failed, despite the fact that Mr. Spitzer has at times openly berated lawmakers in both parties. Republicans long accused Democrats of holding up a deal, while Democrats said their own proposals were rejected. And Mr. Pataki’s fractious relationship with Assembly Speaker Sheldon Silver often caused negotiations to break down.
The deal came two days after lawmakers announced a plan to overhaul the state’s workers’ compensation system, another divisive issue. Mr. Spitzer said the civil confinement legislation was “perhaps too long in the making,” adding, “Like workers’ comp, there was an impasse that required a concerted effort to overcome.”
Senate Republicans credited the governor’s aggressive approach to negotiating deals for breaking the deadlock.
“Steamrolling works,” said Joseph L. Bruno, the Senate majority leader, referring to a machine the new governor has likened himself to.
“Governor, thank you for providing the leadership, getting us together,” Mr. Bruno said. Referring to Mr. Silver, he added, “Shelly, thank you for being such a great partner — sometimes.”
Mr. Silver said, “For the record, I want to state very clearly that in 2005 we had a comprehensive child safety and sexual predator punishment and confinement strategy in the Assembly.”
There appeared to be concessions on both sides. The Senate conceded two key points to the Assembly. The trials would be held in the counties where the inmates were convicted, not where they are imprisoned. And initial screenings would be done by mental health professionals instead of by officials in the Division of Criminal Justice Services. Senators prevailed in creating a sexually motivated felony and apply the system to those under 18; the governor supported both provisions.
“It was a compromise that didn’t make either side happy,” said Assemblyman Joseph R. Lentol, a Brooklyn Democrat who was a central player in the discussions.
Christine Anderson, a spokeswoman for the governor, said it was “extremely unlikely” that offenders younger than 18 would be affected. But she added that civil confinement should be considered at any age if the convict “has a mental abnormality and is determined likely to commit sex offenses if released.”
What all this would cost remains to be seen, but some said it would be far more than the $19 million in new financing that the governor has proposed in his budget.
Senator Dale M. Volker, a Republican from western New York who has sponsored bills on the issue for more than a decade, said the new law would require more parole officers and mental health workers, not to mention a new facility.
“This is not going to be cheap,” he said.
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