State Leaders Agree On New Jail Program For Sex Offenders
BY JOHN TOSCANO

Legislation to authorize a new program of continued civil commitment of sexual predators who have been convicted of sex crimes and served their prison terms has been agreed upon by Governor Eliot Spitzer and state legislative leaders and will be introduced shortly in Albany.

The controversial measure, which is similar to laws in about 20 other states, is assured of passage since both Assembly Speaker Sheldon Silver and Senate Majority Leader Joseph Bruno joined the governor in announcing endorsement of the new program.

Spitzer, who campaigned for the farreaching legislation last year before being elected, after announcing agreement on it with Silver and Bruno last Thursday stated: "We must do all we can to protect society from individuals who prey upon innocents. This legislation will improve our ability to identify and properly confine the most dangerous sexual predators, while also expanding supervision and treatment of all sex offenders."

The legislation is sure to be attacked by civil libertarians who have opposed similar measures in the past.

Its cost might also ignite some opposition. Spitzer calls for spending $19 million on the program in his budget proposal, but some stories in the media cite Assembly sources who say the cost could go as high as $80 million.

However, sex crimes against children in recent years has created such a fear of sexual predators among the general public that the governor's legislation will probably be greeted with strong support around the state.

According to a release from Spitzer's office, under the legislation civil commitment procedures will be streamlined.

Sexual offense cases will first be screened by mental health professionals, who will decide whether the inmate has a "mental abnormality that might predispose them to commit sex offenses in the future".

"A final decision on this issue is entrusted to the unanimous determination of a jury after a trial," the release stated. "A judge will then determine the most appropriate form of management- either confinement for the highest-risk offenders, or strict and intensive supervision for those who pose a lesser risk."

The proposed new legislation also provides for:

+Mandatory treatment for all sex offenders, both during incarceration and after release.

+Longer periods of parole supervision.

+Establishment of a new crime of "sexually motivated felony", and

+Creation of a new Office of Sex Offender Management in the state Division of Criminal Justice Services which will develop comprehensive policies and standards for the evaluation, treatment and management of sex offenders.

"Real, effective protection from the threat of sexual crimes has always been the Assembly's goal," Silver said. "This bill contains tough new penalties, eliminates parole [for some sex offenses], mandates long periods of supervision, and provides for indefinite civil confinement of dangerous predators."

Bruno stated, "This legislation will save lives, protect our children and keep our communities safe by making sure dangerous sexual predators are kept off the streets and get the treatment they so desperately need."

Attorney General Andrew Cuomo, expressing his support, said the bill "strikes a balance between guarding the community while providing important due process protections."

State Senate Minority Leader Malcolm Smith (D- Jamaica) said the new program is "another sign that we have entered a new and productive era in state government because the Democratic Senate Conference had a place at the table and a role in shaping this bill."