STATE
OF NEW YORK
EXECUTIVE CHAMBER
GEORGE E. PATAKI, GOVERNOR
Press
Office
518-474-8418
212-681-4640
http://www.ny.gov
FOR
RELEASE:
IMMEDIATE, Thursday
January 5, 2006
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 only 16 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 lawenforcement 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.
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.
