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WPCNR’S ADAM IN ALBANY By District 89 Assemblyman Adam T. Bradley. December 17, 2005: As a father there is nothing more important to me than the safety of our families. With that, I am proud to say that the Assembly majority conference has unveiled a comprehensive plan to protect our communities from dangerous sexual predators. This package is easily the toughest and most effective thus far to be introduced and I intend to make sure it is passed by the Assembly as soon as we return to Albany after the New Year.
The result of a series of public hearings, the “Child Safety and Sexual Predator Punishment and Confinement Strategy” imposes tougher sentences on sex offenders, keeps the most dangerous predators confined, and intensely monitors them if they are released. This proposal also keeps in mind the victims of these horrific crimes and makes certain that they receive the necessary services to help carry on with their lives.
Tougher sentences for the worst sex crimes
The Assembly’s plan provides for up to life sentences for the most heinous sex crimes – those where the perpetrator harmed the victim, threatened the use of a weapon, committed the crime against multiple victims, or was previously convicted of a felony sex crime. Those convicted of serious sex crimes in which the victim is under the age of 13 could spend the rest of their lives in prison, regardless of any other aggravating circumstance.
Civil confinement for dangerous sexual predators
A key element of the plan provides for the potential lifetime civil confinement of sexual predators after they finish their sentences. Under the Assembly’s proposal, those who pose a serious risk to the general public will be civilly committed. This process would begin with the state Attorney General petitioning the courts after a psychiatric examination of the offender and input from mental health professionals.
Civil confinement would be ordered if a jury unanimously decided that an offender is a violent sexual predator who is prone to repeat a horrific crime again. And even if mental health experts determine that civil commitment is not necessary, the Attorney General would still have the ability to ensure a convicted sex offender remains under intense supervision. While the civilly committed could be housed in state mental health facilities, they would be barred from coming in contact with the general population of mentally disabled patients. Importantly, this legislation follows the example of Texas, where there is lifetime supervised confinement for certain felony sex offenders released from prison.
Mandatory treatment for incarcerated sex offenders
This package also requires mandatory treatment for incarcerated sex offenders. The state Department of Correctional Services currently operates a sex offender treatment program but it is not required by law and it lasts for only six months – one of the shortest prison-based programs in the nation. Under the plan an expert panel would be formed to determine the best way to improve methods for the treatment of sex offenders.
Additional legislation
The Assembly’s plan also includes other significant legislation, including the Sexual Abuse Prevention Act (A.8294), which:
· requires 12 hours of training for police officers in sexual assault cases;
· develops a toll-free, statewide hotline to connect sexual assault victims with a rape crisis center in their area;
· mandates that Internet service providers give subscribers written notice of the availability of filtering devices which screen out material harmful to minors; and
· directs the Office of Children and Family Services to develop a training curriculum for child protective services workers to be used in investigating reports of sexual abuse.
I look forward to working with the governor and my colleagues in the Senate to make sure that we pass meaningful legislation which will protect our communities from sexual predators.