WXXI: Civil Confinement Agreement Reached (2007-03-01)

For the second time this week, Governor Eliot Spitzer has reached agreement with the legislature on a long gridlocked issue. This time, it was on the civil confinement of sexual predators released from prison but deemed dangerous to the community.

Governor Spitzer says the sex offenders will be confined indefinitely in a mental health facility, if a panel of mental health experts decides that the convict has a high probability of repeating their crime.

The recommendations will then be forwarded to the State Attorney General, Andrew Cuomo, who will determine if a jury should decide whether the person should be confined. Access to a jury trial was an element that Assembly Democrats had long wanted included in the legislation.

Spitzer estimates that 1500 sex offenders a year could be screened, and as many as 100 could be confined to mental facilities. Another 250 could be placed under stricter supervision.

"Crimes committed by these individuals are especially traumatic and scarring upon their victims," said Spitzer. "We simply cannot release these individuals into society to victimize others."

The bill will contain something for Republicans as well. They had long advocated for stiffer penalties for some sex offenders, and the legislation strengthens punishments and creates the new crime of "sexually motivated felony".

Assembly Minority Leader Jim Tedisco brought to the news conference a copy of a bill that he called an "historic document". He said the legislation was first printed 14 years ago, by Assembly Republicans, and was the first bill to require civil commitment of sex offenders. He lamented that it took so long to agree on what he says is a "common sense" bill.

Former Governor Pataki struggled for years to get a civil confinement bill passed. He even held a special session last December, during his final weeks in office, but failed to win agreement.

The pact on civil confinement was the second time in a week that the governor and lawmakers have put aside differences on a long stagnating issue. On Tuesday, they announced an agreement on workers compensation reform.

The progress comes after a feud between Spitzer and the legislature over the selection of a new state Comptroller. Senate Majority Leader Joe Bruno, known for using humor to make his points, alluded to Spitzer's behavior during the fight, actions which earned him the nickname "Governor Steamroller".

"With the Senate Republicans having paved the way, steamrolling works," joked Bruno.

Neither Bruno, Spitzer or the other legislative leaders mentioned the larger issue looming on the horizon, the state budget. It's due at the end of the month.