On Tuesday the full New York State Assembly added its bipartisan approval to that of the State Senate for a milestone law to protect women and children first proposed some fourteen years ago by Assembly Republicans.

The legislation provides for the civil commitment of sexually violent predators at a secure treatment facility after they have completed their prison sentence to protect the public from criminals likely to commit repeated acts of sexual violence.

The historic votes reflect an agreement between Governor Eliot Spitzer and leaders of both the Senate and Assembly that was announced last week.

The legislation, when signed into law by Governor Spitzer, will put New York in the company of close to twenty other states, including New Jersey, Florida, California, and Massachusetts, that already provide for mandatory continued rehabilitation, referred to as civil commitment or civil confinement, to protect the public.

The rate of repeat offenses by those who commit sexually violent offenses is extraordinarily high, noted Senator John Flanagan (R,C,I- Northport), sponsor of the Senate bill.

According to a New York State Department of Correctional Services report, for the period from 1986 through 1995, 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.

"This is a significant step in the fight to protect our communities," declared Flanagan, a father of three children.

"Civil commitment will provide peace of mind to our residents while offering expanded rehabilitation to those who still pose a danger to our society. This legislation has been a priority for the Senate for years and I applaud all involved for coming together for the good of all our residents," the Senator added

Assemblyman Michael Fitzpatrick (R,C,I-St. James) praised Tuesday’s passage of civil confinement law as a legislative landmark to protect families from predators found likely to re-offend.

"Over the years, our [Republican] Conference has continuously ought to protect women and children from sex offenders," said Fitzpatrick.

"Finally, our colleagues across the aisle have been able to push politics aside and agree on this critical legislation," added this father of a son and daughter.

"I hope families with young children will be able to rest a little easier knowing that these predators will be off our streets and receiving the treatment they need," concluded Fitzpatrick.

Huntington Assemblyman Andrew Raia (R,C,I,WF-East Northport) noted passage came on the heels of an announcement last week that a five-way legislative agreement had been reached.

"For years, my Assembly Republican colleagues and I have championed civil confinement as one of our top legislative priorities," Raia said.

Describing this week’s support for passage as "overwhelming" and "long-overdue," Raia said the supporters of civil confinement legislation "secured a major victory in keeping our families safe from sex offenders in our neighborhoods."

"I am grateful for the years of support from families throughout the community who never gave up the fight," he added.

Veteran East End Assemblyman Fred Thiele (R,C,I – Sag Harbor) also praised the legislature’s agreement.

"For too many years, the most dangerous sex offenders have been free to roam our streets and harm our loved ones even after they have been determined likely to re-commit a sex crime. My Assembly Republican colleagues and I continuously fought for strong civil confinement legislation for over fourteen years and I am very pleased it has finally passed the Assembly," he declared.

"Protecting Long Island residents from dangerous criminals has always been one of my top priorities and I am glad all New Yorkers will finally get the protection they need and deserve," Thiele concluded.

Under current law, sexual offenders are released into the community when their prison sentence is finished without any consideration of the danger they pose to society, explained Flanagan.

Combined with the fact that existing programs in state correctional facilities are unable to fully address this problem, many of these predators are eventually released without the benefit of effective treatment and continue to pose a threat to our communities.

Civil commitment would provide the necessary treatment for sex offenders and simultaneously extend greater protection to the public.

Under the new law’s provisions, sexual offenders who are approaching release will be screened initially by mental health professionals. Those professionals will decide whether there is evidence of a mental abnormality that may cause them to commit sex offenses in the future.

After this determination, the issue would be subject to a jury trial that must conclude with a unanimous decision. A judge would then determine the most appropriate form of management from two different choices - either civil confinement for the highest-risk offenders or strict and intensive supervision for those who pose a lesser risk.

In addition to creation of the new civil commitment program, the legislation would establish the following:

> Mandatory treatment for all sex offenders – both during incarceration and after release;

> Longer periods of parole supervision for sex offenders;

> The new crime of sexually motivated felony which would apply in cases where a sex crime was unsuccessfully attempted; and

> 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.

Legislative advocates for civil confinement noted that the United States Supreme Court has repeatedly upheld the involuntary civil commitment of dangerous persons who are unable to control their behaviors and whose mental illnesses render them a grave risk to the public health and safety.

Under the legislation, a screening panel composed of mental health officials will decide whether a released sex offender is a candidate for mental health treatment. If found likely to re-offend by a screening panel, they will be sent to a secure facility to receive mental health treatment.

The law also increases the penalties for sex crimes and expands the category of sexual offense to include crimes motivated by sexual violence. For example, an individual who breaks into a house to rape a woman will be charged with a sex crime even if the woman is unharmed.

An Office of Sex Offender Management will also be established to coordinate all areas related to sex offenders and victims including post-release supervision, treatment, monitoring, risk assessment, civil commitment, community awareness and victim assistance.