New York State Assemblyman Steven Labriola (R-Massapequa) this week praised a U.S. Supreme Court ruling affirming civil confinement as an "acceptable and effective means of protecting the public from sexual predators." Labriola is calling on Assembly Democrats to end their opposition and join him in implementing this practice in New York state.

"When a violent sexual predator is released from prison and is living in our community, it is the responsibility of the police department to provide us with this information," said Labriola. "In 1996, Megan's Law was passed, and New York became the 43rd state to require sex offenders to register with law enforcement. I believe we can take Megan's Law to the next logical step and do more by passing a civil confinement bill. Clearly there are violent sex offenders who are too dangerous to be living in our community."

In an 8-1 decision, the U.S. Supreme Court ruled on Jan. 17 that civil confinement was constitutional because a sexual predator statute, determined to be civil in nature, was not punitive and, therefore, did not violate the Constitution's "double jeopardy" clause that prohibits multiple punishments for the same crime.

According to Labriola, this is the second time the U.S. Supreme Court has ruled in favor of the practice. In 1997, the Supreme Court upheld a Kansas law allowing sex offenders, deemed incorrigible, to be held indefinitely in mental hospitals after serving their prison sentences.

Labriola noted that similar legislation proposed in New York state has been consistently blocked by Democrats as far back as 1993. The proposed legislation would permit violent sexual predators to be involuntarily committed to a mental hospital after completion of their prison sentence.

In 1999 and 2000, the Senate companion bill to an Assembly Republican measure passed by overwhelming margins; 56-1 in 1999 and 59-1 in 2000.

According to the Division of Criminal Justice Services, which maintains the state sex offender registry, there are 11,521 sex offenders registered in New York. Of the 11,521, 3,442 are registered statewide as Level Three sex offenders which means that there is a high risk of repeat offense, and the individual poses a threat to public safety. In Nassau County alone, there are 271 sex offenders on the registry.

Concerned individuals can find out if a sex offender is living in his or her neighborhood by calling the Sex Offender Registry Information Line at 1-900-288-3838. The cost of the call is $.50 and the caller must have the individual's name, and at least one of the following identifiers: the individual's street address and apartment number, driver's license number, Social Security number or birth date. For additional information on the New York State sex offender registry, access the department's Web page at www.criminaljustice.state.ny.us.

According to Alison Greissman, "The Fate of Megan's Law in new York," 18 CARDOZA L.REV. 181 (1996), sex offenders are five times more likely than violent offenders to recommit their crimes.

"There is no reason for the Assembly Democrats to stand in the way of this important legislation that will ensure communities are safe from sexual predators. How many more women and children have to be sexually assaulted before this bill is passed? I do not want violent sexual predators, who still pose a threat, released from prison and living in our community," stated Labriola.