Civil Confinement Legislation
by Janet DiFiore
New York State was the first state in the nation to establish a court devoted exclusively to adult felony sex offender cases. It is fitting, then, that the state has now joined nineteen other states in enacting a comprehensive and balanced civil confinement law. This important legislation, named in memory of Connie Russo-Carriero, a woman who was murdered at the hands of a convicted sex offender, will provide New York with a legal procedure to identify, evaluate and civilly commit to secure facilities a small but extremely dangerous group of sexually violent predators who are unable or unwilling to control their criminal behaviors and thus pose a grave risk to the public health and safety of our community.
The new legislation sets forth an examination process that involves both mental health professionals and the courts, thereby affording full Due Process rights for any convicted sex offender subjected to a civil confinement proceeding. Prior to a sex offender’s release, the Attorney General may file a sex offender management petition with respect to any individual deemed by the New York State Office of Mental Health to be a sex offender requiring civil management. Following the filing of this petition, a jury will determine whether the sex offender suffers from a mental abnormality. If the jury determines unanimously and by clear and convincing evidence that the sex offender suffers from a mental abnormality, a court will determine whether the individual requires confinement or strict and intensive supervision.
“Connie’s Law” enhances the State’s ability to effectively manage sex offenders by establishing an Office of Sex Offender Management, by creating a new classification of sexually motivated felonies, by making enhanced sex offender treatment available to incarcerated inmates both during their original incarceration and after they are civilly confined, and by lengthening the periods of post-release supervision for those offenders who are released into the community after committing felony sex offenses. The wisdom of mandating mental health treatment for convicted sex offenders, both during incarceration and after release, is to be applauded and is an appropriate response to the unique and dangerous problems that sex offenders pose to public health and safety. Proper treatment can help to break the cycle of recidivism and better serve society’s interest in enhanced and sustained public safety.
As District Attorney and Chief Law Enforcement Officer in Westchester County, I believe firmly that enhanced and sustained public safety is achieved through strong prosecution initiatives coupled with meaningful crime prevention strategies. Through specialized courts, such as our pilot Sex Offense Court, Westchester County is actively engaged in progressive, collaborative, multi-disciplinary initiatives that focus on the troubling issues that lead people to commit crimes. The Westchester County Sex Offense Court has enabled local law enforcement to safely and effectively manage sex offenders. So, too, the civil confinement law will further augment our ability to effectively manage convicted sex offenders while appropriately balancing the public safety needs of the people who live and work in our community with convicted sex offenders’ civil rights.