Posted on 11/03/2005 6:11:56 AM PST by Calpernia
NEW YORK (AP) -- Lawyers for 12 sex criminals who are being held in mental hospitals after their prison sentences ended complained to a judge Wednesday that the state is holding them illegally, a charge the state's lawyer denied.
The sex offenders were ordered held by Gov. George Pataki, who had sought for years to get a law passed that would allow civil confinement of sex offenders when their sentences end.
Pataki's plan extends the state's involuntary commitment law, normally used for the mentally ill, to sexual predators. It requires offenders nearing the end of their sentences to undergo an evaluation to determine if they are a public safety risk.
Assistant Attorney General Edward J. Curtis said that before the end of the sex offenders' sentences, prison superintendents applied for orders of confinement, and got opinions from two psychiatrists saying each inmate needed to be hospitalized.
Advertisement
Curtis said a third psychiatrist, at the hospital, also examines the inmate.
Sadie Ishee, lawyer for Mental Hygiene Legal Services, said that did not satisfy state law, which she said requires court supervision and notification of patients' lawyers.
Kevin Quinn, spokesman for Pataki, said the state carefully followed all laws and that arguments against the plan amounted to "a meritless legal technicality."
The judge reserved decision on the inmates' petition.
Pataki, considering a run for the 2008 GOP presidential nomination, ordered state officials in September to look at the state's nearly 5,000 imprisoned sex offenders before their release to see if they should be civilly confined.
http://www.freerepublic.com/focus/f-news/1496310/posts Pataki Wants to Keep Sex Criminals Confined
ping
Must be ACLU lawyers. I wonder if they'd fight as hard if they found some of these guys would live next door to them, their wives and children?
um... if this additional lockdown is ex-post facto, then, sadly, it has to go bye-bye
>>>>got opinions from two psychiatrists saying each inmate needed to be hospitalized.
People are committed by proving to be harmful to themselves or others.
so long as it isn't a blanket imposition, and is backed up by a psych eval for each and every perp it is used on, I guess the state has its bases covered.
Agreed.
Just trying to free their own.
I have no problems with those convicted of sex crimes being locked up indefinitely, in fact I believe it is the only way to deal with those sickos.
But I would rather it was done through the law courts and prisons.
I believe that involuntary commitment law should only deal with real mental illnesses (you could argue I guess that committing sexual crimes is a mental illness).
It could be sex criminals today but another segment of the population tomorrow.What is needed is everyone to get behind a campaign that creates a real law to deal with this type of individual that can not be enhanced to empcompess others.
>>> But I would rather it was done through the law courts and prisons.
Psychiatrists have to have commitment cases approved by courts.
Whenever my husband needs a patient committed for more than 3 days, he has to present it to a judge.
So it is done through the law courts as you mentioned.
Lawyers Fight for Release of Sex Criminals
Posted by Calpernia
On News/Activism 11/03/2005 9:11:56 AM EST · 8 replies · 60+ views
is posted right above...
Lakeland Inn Will Allow Nude Sunbathing
Posted by Sam's Army
On News/Activism 11/03/2005 9:11:21 AM EST · 12 replies · 202+ views
Oh that IS funny!
Thanks for pasting that!
Huh, I wonder why my thread only got 60 views compared to the other post?????
;)
Involuntary commitment laws have been abused in the past, I would rather that the sentacnce was thought out and handed down after the first trial
That is a different matter. You want to fix the penalties for the crimes. Since the penalties are not fixed, this is a step being initiated by Pataki to counter that light sentencing.
I have no idea what is involved in changing penalties.
The Government, what is needed is a well thought out well planned sentencing guidelines to deal with Sex Criminals, with no legal loopholes, but also thought out in a way to stop the government adding to those they can commit indefinitely.
What is needed is a groundswell of public support for such a law.
And I reiterate. I've no idea what is involved with changing the penalties.
I am very uncomfortable with this idea. Sex offenders, most especially pedophiles, should be incarcerated in prison for life. Period. End of story.
Putting these monsters in with people who are desperately sick with mental illness is just plain wrong.
later read/pingout?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.