Governor Pataki Unveils 5-point Plan To Protect New York’s Children And Families From

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GOVERNOR PATAKI UNVEILS 5-POINT PLAN TO PROTECT NEW YORK’S CHILDREN AND FAMILIES FROM DANGEROUS SEXUAL PREDATORS

Would Require Civil Confinement of Dangerous Sexual Predators, Impose Longer Sentences for Those Who Molest and Rape Children, Strengthen New York’s Megan’s Law, End Statute of Limitations on Sexual Assaults, and Require All Criminals to Submit DNA Sample to State’s Databank -- Following Strong Call in State of the State for New Laws, Calls on Assembly Majority to “Act Now”

Governor George E. Pataki today unveiled a strong, new, comprehensive 5-point plan that would protect New York’s children and families from dangerous sexual predators.

Yesterday, during his 12th and final State of the State Address, Governor Pataki made a strong call for new laws that would further protect our children and families by: requiring the civil confinement of dangerous sexual predators; imposing longer sentences for those who molest and rape children, or commit violent or repeat sexual assaults; strengthening New York’s Megan’s Law; ending the statute of limitations on rape and sexual assaults; and requiring all criminals to submit a DNA sample to State’s DNA Databank.

“Government has no greater responsibility than the safety and security of its citizens,” Governor Pataki said. “In 1994, New York was the sixth most violent state in the nation. Today, we are the safest large state in the nation. We can be proud of our success, but we must do more. And there is no case where this rings more true than when we are talking about our most vulnerable citizens – our children.”

“I have done everything possible within my power as Governor to keep dangerous predators off our streets and away from our kids,” Governor Pataki said. “But we must do all we can – and that includes changing our laws -- to provide our children and families with every possible protection from sexually violent predators.”

“I applaud the State Senate for passing many of these measures year-after-year by wide bipartisan margins, but we need the Assembly Majority to allow a vote on these critical measures, and we need them to do it right now,” the Governor added. “When those who stalk and rape a child can be out on the streets in two or three years, when 5,000 sexually violent predators are currently awaiting release from our State prisons, we owe it to families across New York, to waste no more time and to enact these measures now.”

“And the time to act is now. On January 10th, a court hearing will be held to determine the fate of 12 sexually violent predators, who were civilly confined in State mental facilities after I directed State officials to being screening sexual predators who were about to be released from State prison,” the Governor said. “And it’s possible, that without a clear-cut civil confinement law on the books, that even the worst of the worst sexual predators could be free to roam our streets and prey on our children.”

The Governor’s Five-Point Plan to Protect New York’s Children and Families includes:


-Requiring the civil confinement of dangerous sexual predators;
-Creating longer sentences for those convicted of sexually violent crimes;
-Making New York’s Megan’s Law even stronger;
-Ending the statute of limitations for rape and sexual assaults; and
-Requiring every criminal who commits a crime to give a DNA sample.
New York State Director of Criminal Justice Chauncey G. Parker said, "For years the Governor has been fighting to give parents and criminal justice professionals the tools they need to protect our children and families from sexually violent predators; today we are at a critical point and can not wait another moment. We are just days away from violent sexual predators possibly being released back into our communities and only16 days away from sex offenders being removed from the registry. The Assembly Leadership is in a position to prevent all of this from happening by allowing its members to vote on these common sense proposals today. We know that requiring lifetime registration for sex offenders, enacting a civil commitment provision that will keep violent sexual predators from being released back into our communities and enabling New Yorkers to see the photographs of each and every sex offender living in their neighborhoods will make New York a safer place to live.”

State Police Superintendent Wayne E. Bennett, said, “This five-point proposal of the Governor’s is yet another common sense criminal justice initiative to keep New Yorkers safe. We in law enforcement are continually placed in the untenable position of explaining to crime victims why our efforts to protect them are hindered, and why it is sometimes so difficult to identify and bring these criminals to justice. Like all of us in law enforcement, victims too, are angry and frustrated by the system’s roadblocks. The public has a reasonable expectation to be safe from crime. The improvements proposed in this plan can be easily realized through legislation, and are indicative of a government that truly cares about its citizens’ well being.”

PREVENTING THE RELEASE OF SEXUALLY VIOLENT PREDATORS

At least 16 states and the District of Columbia have passed laws authorizing the civil commitment of sexually violent predators to psychiatric hospitals upon the expiration date of their criminal sentences. Since 1998, Governor Pataki has introduced a Program Bill every year modeled on the laws and programs of these other states. The Senate has passed the Governor's proposal by overwhelming bi-partisan majorities six times since 1999. Most recently, in April 2005, the Senate vote in favor of the Governor's bill was 58-2.

The Governor’s Program Bill would: (1) establish a broader and more appropriate definition of mental abnormality for sexually violent predators; (2) remove impediments in the statute that have prevented some clinicians and courts from authorizing civil commitment of sexually violent predators; (3) authorize commitment of sexual predators to a “secure facility” designated by the Commissioner of OMH or OMRDD that could be located on the grounds of a correctional facility; and (4) permit a Court to order that the respondent submit to an evaluation by a psychiatric examiner, and (5) open these important proceedings to the public. New York’s program is modeled after other programs around the nation and is in accordance with the U.S. Supreme Court’s ruling.

Last year, because the Assembly Leadership had consistently failed to act on his bill, the Governor directed the Office of Mental Health (OMH) and the Department of Correctional Services (DOCS) to push the envelope of existing laws used for the civil commitment of any New Yorker to be applied to sexually violent predators. Since September 12, 2005, more than 190 individuals have been evaluated and 33 are currently committed.

Of the 33 predators who have been confined, more than half have sexually assaulted children younger than 13, several have sexually assaulted children 6 years old or less, and two have sexually assaulted 3 year old children. Many of these offenders either refused, or withdrew from, sex offender treatment in prison.

After the State began civilly committing dangerous predators, Mental Hygiene Legal Services filed suit on behalf of 12 of the offenders. On November 15, 2005, Supreme Court, New York County found that although the Governor had a valid concern about the risks posed to the public by repeat sex offenders, these convicted sexual predators were entitled to special procedural rights because they were evaluated for civil commitment while still in prison. On January 10th, 2006, the appeal in the First Department, Appellate Division, will be heard. Since that November 15th decision, an additional 10 offenders have similarly filed suit demanding release on the basis of these special procedural rights.

LONGER SENTENCES FOR THOSE WHO COMMIT SEXUALLY VIOLENT CRIMES

In the coming days, the Governor will send the State Legislature legislation that will impose longer, tougher sentences for sexual predators. Under the Governor's proposal, sentences for crimes that involve the abuse, molestation or rape of children, or violent or repeated sexual assaults -- will be dramatically increased -- ensuring that dangerous sexual predators who prey on New York's children and families remain behind bars longer than ever before.

STRENGTHENING MEGAN’S LAW

Under current law, on January 21, 2006, level 1 and level 2 sex offenders who have been on the New York State Sex Offender Registry for ten years will no longer be listed, and in 2009, certain level 3 sex offenders would have the ability to petition to have their name taken off of the registry.

Currently, although New Yorkers can obtain information regarding level 3 sex offenders from the Internet and information regarding level 2 and level 3 offenders from local law enforcement agencies, information about level 1 sex offenders can only be obtained by calling the Sex Offender Registry Information line, (800) 262 3257. A caller to that line must provide one of four identifiers for the individual they are inquiring about: drivers license number, social security number, date of birth or exact address. After providing this information callers can verify if an individual is a registered sex offender. No further information can be provided about a level 1 sex offender. If the offender is a level 2, or a level 3 sex offender, more information including the crime of conviction, modus of operation and type of victim targeted will be disclosed. In the case of a level 2 sex offender, the caller is given the offender’s approximate address based on the offender’s zip code. For level 3 sex offenders, the exact address will be provided. Additionally, for level 3 offenders, all information is available on the Sex Offender Subdirectory Search at www.criminaljustice.state.ny.us.

The Governor’s legislative proposal to strengthen Megan’s Law would address this problem and others by: establishing lifetime registration on the New York State Sex Offender Registry for all registered sex offenders; expanding the information available on the Internet to include all registered sex offenders, strengthening the community notification process to ensure that the public receives necessary information from law enforcement about all sex offenders living in their communities, and, improve offender address verification by eliminating the loophole which currently hampers the sex offender address verification process. The loophole would be eliminated to require sex offenders to annually verify their addresses with the State, regardless of whether they have moved.

Under the Governor’s proposal, the amount of information available on the website would still depend upon the specific offender’s level of risk, but information will be more easily accessible. For Level 1 offenders, and those offenders who have not yet had a risk level assigned by the court, the website would list the offender’s name as well as include a photograph and the offender’s approximate address based on zip code. For level 2 offenders, additional information would be listed, including the offender’s photograph, physical description, crime of conviction, modus of operation, type of victim targeted, and any special conditions that have been imposed by the court or parole authorities. The information available for level 3 offenders would include the same information available for level 2 offenders plus the exact address. Other provisions would clarify hearing and notice procedures for sex offenders, as well as make other technical changes to the law.

REQUIRING ALL CRIMINALS TO GIVE A DNA SAMPLE

Less than one-third of all criminal offenses are designated for the mandatory collection of DNA. Current law does not require DNA samples from felons convicted of serious drug crimes, purveyors of voyeuristic videos, criminal pornographers, identity thieves, forgers and a host of other serious crimes. Expansion of the DNA Databank should help solve many of the more than 16,000 unsolved crimes for which forensic crime scene evidence has been entered into the DNA.

The Governor's most recent legislative DNA proposal includes the expansion of the DNA Databank to include DNA profiles of all convicted criminals. It was passed by the Senate 55-1, but has yet to be introduced by the Assembly Leadership.

In December, due to the fact the Assembly Leadership had yet to act on his legislation, the Governor directed the Division of Criminal Justice Services to expand the DNA Databank to include profiles from the broadest range of convicted criminals permitted under current law.

The Commission on Forensic Science and DNA Subcommittee approved changes to the Databank Implementation plan in order to permit this expansion. This will add as many as 40,000 profiles of convicted criminals by the end of next year, and the additional DNA profiles will be obtained voluntarily from convicted criminals who want to take advantage of early release from prison or parole, receive a sentence of probation instead of jail, plea bargain to a lesser offense, or participate in the Department of Correctional Services’ discretionary programs that result in early release into the community.

But, expanding the Databank to include all convicted criminals would yield a much greater benefit, further protecting New York’s children and families.

ENDING STATUTE OF LIMITATIONS ON RAPE, SEXUAL ASSAULTS AND OTHER CRIMES

Another element of the Governor’s Legislative Proposal to Expand the DNA Database includes the tolling of the statute of limitations in criminal cases in which the identity of the defendant is established by means of DNA evidence.
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The Governor’s entire proposal includes the following provisions:

Expand DNA Databank to include DNA profiles of all convicted criminals.

Toll the statute of limitations in criminal cases in which the identity of the defendant is established by means of DNA evidence, thereby avoiding the tragedy in which DNA evidence solves a crime, but the perpetrator avoids justice due to the expiration of an out-dated statute of limitations.

Provide for the retention and confidentiality of DNA samples maintained outside the State DNA Databank.

Establish the Innocence Project Program to fund the use of DNA to prove the innocence of wrongfully convicted persons.

Require the Commission on Forensic Science to develop best practices regarding the collection and preservation of biological evidence by law enforcement agencies and laboratories.

Create the new crime of aggravated perjury to punish as a felony any false testimony regarding a DNA hit.

For more than a decade, New York State has experienced an unprecedented reduction in crime. New York State has passed more than 100 laws that toughened penalties or closed criminal-friendly loopholes. And over the past ten years, violent crime in New York State has been cut in half and crime is at its lowest levels since statewide crime reporting began - nearly 40 years ago. In 1994, New York State was the sixth most violent state in the nation. Today, New York is the sixth safest state overall, and the safest large state in the country.
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