Governor Elliot Spitzer has taken a page out of the Bush Administration’s handbook “How To Treat The Constitution Like It’s Yesterday’s Garbage.” The Spitzer administration has made an agreement with both the Assembly and the Senate to pass legislation dealing with the civil confinement of sex offenders. Under the new legislation sex offenders would be subject to confinement, even after they have finished serving the sentence for which they were sent to prison, for an additional period. The maximum new confinement would be 25 years.
Minors and non-violent offenders are subject to this law, as are people subject to New York’s newest crime: the “sexually motivated felony” that would apply to those who intended to commit a sex crime but did not.
In New York, you can now serve out an entire sentence in prison with no parole, then be shipped to a “civil confinement” institution for another 25 years–just because someone THOUGHT you wanted to commit a sex crime.
I have one suggestion, the new civil confinement facility shouldn’t be built at either the current Marcy or Camp Pharsalia facilities run by the Department of Corrections. They should sentence sex offenders to Guantanamo.