Senator Frank Padavan reported that the New York State Senate and Assembly passed legislation putting end to the possibility of violent sex offenders dropping off the registry list and adding requirements that Level 1 sex offenders register for 20 years, Level 2 register for life with the ability to petition for removal only after 30 years, and the elimination of the petition for relief for Level 3 sex offenders, sexual predators, sexually violent offenders and predicate sex offenders.

The legislation comes in time to keep thousands of names from being dropped from the registry. Padavan called for the Assembly to also take up a second bill passed by the Senate providing for civil commitment, which would allow for a process of evaluation and commitment in a secure treatment facility in order to both protect the community and deliver necessary treatment for rehabilitation.

The quick legislative action on the registry was necessitated after reports that more than 3,000 sex offenders would be dropped from the sex registry in 2006 due to their meeting the 10-year registry requirement provision set by the original Megan's Law. This fact, coupled with data showing violent sexual predators with the highest recidivism rates, raised immediate concern that known sexual predators would soon be allowed to inhabit neighborhoods without the knowledge of the community.

"Nearly half of all convicted violent, sexual predators released from prison return to prison because of their commission of new sexual offenses and violations of parole," Padavan said. "That's the cold, hard fact of this particularly heinous crime. It's vital we do everything possible to fix this problem. New York has been proactive, creating Megan's Law, providing the tools necessary to keep our children safe. However, over 3,000 convicted sexual felons, meeting the 10-year registry requirement despite their proclivity toward continued sexual predatory crimes, would have been allowed anonymity, dropping off the registry and moving back into our neighborhoods, putting children, once again, at unnecessary risk. That's preposterous.

"The legislation we passed ... ends the unnecessary risk to our community posed by the 10-year registry drop-gap by enhancing registry requirements," Padavan continued, "and I'm pleased that the Assembly agreed. The new registry requirements will help ensure that convicted sex offenders won't prey on children under a cloak of secrecy. The past 10 years have proven successful for the registry - this law will continue with that success."

Senator Padavan also called for the Assembly to act on legislation recently passed by the Senate, providing for civil commitment of sexually violent predators at a secure treatment facility after completing their prison sentence if deemed necessary. Those still posing a public risk would be required to remain in civil commitment in order to protect the public from criminals likely to commit repeated acts of sexual violence.

"The new measure provides an evaluation process that would keep dangerous persons, unable to control their behavior and whose mental illnesses have rendered them a grave risk to the health and safety of the public, off the streets and in an area where they can receive the treatment they desperately need," Padavan, past chairman of the Senate Mental Hygiene and Addiction Control Committee and longtime proponent of mental health issues, noted. "The civil commitment legislation we passed is a very important tool. As much as it keeps our families safer by keeping convicted, dangerous sexual predators who continue to pose a danger to society off our streets, it also provides a means to provide individuals the help they need in order to properly deal with their mental illness."

The registry bill, which passed both houses and was signed into law by the governor, will take effect immediately. The civil commitment of sexually violent predators after criminal sentences has gone to the Assembly for their review. Currently, 16 other states have passed civil confinement laws.

"I'm glad that the Assembly agreed on the changes to the registry, enhancing its effectiveness," Padavan concluded. "However, we can't stop there. I call for the Assembly to pass the civil commitment legislation, providing for greater, community safety and acknowledging the need of those convicted of violent sexual crimes, who suffer with mental illness, the help that they need."