Vallone: Slap Life Terms On Sexual Predators Convicted For 2nd Time
by john toscano

Vallone, an Astoria Democrat, called for the state to enact civil commitment laws to keep high-risk offenders off the streets.

City Councilmember Peter Vallone Jr., a leading advocate of tougher sex offender legislation, last week urged New York State to adopt a Florida law which imprisons second-time offenders for life.

Vallone, an Astoria Democrat, also called for the state to enact civil commitment laws to keep high-risk offenders off the streets. Council Minority Leader James Oddo, a Staten Island Republican, had urged the same action.

Two days after Vallone spoke out again for more stringent restrictions for sexual offenders, Oddo joined with five Republican state Assemblymembers and Congressmember Vito Fosella (R–Staten Island) in demanding immediate action on civil confinement legislation in Albany.

The strong Republican support for the legislation contrasted sharply with the failure of Democrats in Albany to get behind the move for tougher anti-predator laws, which Vallone also criticized—without naming his fellow Democrats.

Vallone, chairman of the Public Safety Committee, said his panel has been extremely outspoken regarding this topic, “and unfortunately we have been forced to highlight Albany’s inaction. Our laws must be made tougher and until they are, these predators are free to roam our streets and stalk our children.”

The lawmaker, emphasizing the point, cited a recent attack which occurred “just yards away from my house.”

The case involved a 9-year-old girl who “was brutally sexually attacked. The monster that committed this heinous crime only faces a maximum of seven years in jail because of Albany’s failure to pass sex offender legislation. This is unacceptable.”

Vallone also cited Governor George Pataki’s recent action on the issue. The Republican governor, he said, “has taken a tougher stand... locking up high risk offenders using the state’s Mental Hygiene Law, which is geared to those who, in the words of the statute have ‘a mental illness for which in-patient care and treatment in a hospital is appropriate.’ Unfortunately, the statute is not specifically designed for sex offenders and recently a judge ordered the offenders released.”

Over the past year, Vallone said, a number of well publicized incidents involving recidivist sex offenders, including the abduction and murder of two young girls in two separate cases in Florida. One case, involving Jessica Lunsford, 9, led to passage of the law bearing her name which imposes sentences for first-time offenders of 25 years to life and for second-time offenders of life imprisonment, Vallone said.

Vallone said the Florida cases called into question the effectiveness of Megan’s Law, which on both the state and federal level governs community notification measures regarding sex offenders. The laws were the first of their kind enacted to try to keep a watch on released offenders.

But, Vallone said, the laws don’t go far enough because they do not apply to Level One offenders. He also criticized New York City for not implementing the statute.

“A community needs to be notified when a sexual predator moves in, especially when children are involved,” he said. “The law provides this option, and yet the city keeps parents in the dark. At the minimum, schools should be notified, notices should be sent out with information regarding the sexual predator, including his or her photograph and ZIP code. These predators may attack again and again, and the entire community must be on the alert. We need this information, and we need it now.”

Vallone indicated that New York state should adopt the New Jersey version of Megan’s Law because it is more effective. He pointed out that the New Jersey statute “has specific mandates for active community notification which ensures that the community will be made aware of the presence of convicted sex offenders posing a risk to public safety.

“This active community notification component, where law enforcement officers go door to door to inform neighbors and schools of an offender’s neighboring presence, is not a part of the federal Megan’s Law or New York state’s Megan’s Law (also known as the Sex Offender Registration Act).”

Vallone concluded: “Registration, electronic monitoring and housing restrictions are all positive steps, but they can only do so much to protect our children. The real answer is to lock these animals in cages for as long as possible.”

Vallone expressed his positions following a hearing on November 28 of the council Public Safety Committee on several pieces of legislation pending in the council that deal with sexual offenders.