I recently joined my Assembly Republican colleagues and Westchester County District Attorney Jeanine Pirro to again call for immediate action by the Assembly majority on civil confinement legislation, which would keep dangerous sex offenders locked up if they are found to pose a threat to society. This is a very serious issue on Long Island that must be dealt with to keep all women and children safe.
A main reason why civil confinement legislation is so important is because recidivism rates for sex offenders are high while treatment success is low. Several studies have concluded that many high-risk offenders cannot be rehabilitated and are very likely to strike again, even after serving lengthy prison sentences. A New York State Department of Correctional Services' nine-year study reported that 49 percent of sex offenders released from prison in 1986 returned to jail for a violation of parole or for committing a new crime. In 1991, a survey of incarcerated sex offenders indicated that about two-thirds committed their crimes against children under 18 years of age, with about 58 percent of the victims under age 13.
Sexual predators have a recidivism rate of 52 percent. This does not include the half of all crimes committed by pedophiles that go unreported. These are all startling statistics and I am appalled that Assembly action has not already been taken.
Legislation that has been introduced in the Assembly would require sexual offenders to undergo an evaluation by mental health professionals and the court system, including a judicial hearing, after completion of their prison sentences and before their release into society. This process would ensure that offenders who have been rehabilitated and no longer pose a threat would not be unjustly detained.
I have been a diligent supporter of this legislation and Assembly Republicans have been urging a civil confinement law since 1993. The U.S. Supreme Court has upheld the constitutionality of civil confinement, declaring it constitutional in three different court cases. A similar bill has repeatedly passed the Senate with bipartisan support (last year the vote was 59 to 2.) Governor George Pataki has also said he would sign the legislation as soon as it reaches his desk. Sixteen states and the District of Columbia have civil confinement laws on the books. Majority Democrats are causing the delay in the Assembly.
This is not a bipartisan issue. The safety of our loved ones affects all New Yorkers. I urge my colleagues across the aisle in the Assembly to take action on this proposal because it is the best way to prevent repeat offenses that otherwise seem inevitable. Despite our efforts to protect our communities from sexual predators, the majority of offenders will return to the community and some will create new victims. We need to ensure predators never get that chance.