Testimony of

Westchester County Executive

Andrew J. Spano

Before the New York State Senate

July 26, 2005

Concordia College

Good morning.  Thank you, Senator Klein, for inviting me to testify before you and your honorable colleagues on the issue of civil commitment of sex offenders.

Here in Westchester, the recent, tragic death of Concetta Russo-Carriero has served as a severe and painful reminder of the dangers of sex offenders who reside within our communities.  I firmly believe that if New York State had a civil commitment law on the books, Mrs. Carriero would be alive today.  Phillip Grant, her killer, was a registered Level 3 sex offender who served 23 years in state prison on multiple rape and assault convictions and was denied parole nine times before his mandatory release in 2003. With a civil commitment law in place, Phillip Grant would have been a prime candidate for it based on his history. As you are well aware, Level 3 sex offenders are the least likely to be rehabilitated and the most likely to commit their crimes again. With civil commitment, these predators would be confined in a secure facility and could not leave without an escort.

In Westchester, I have been doing everything I can to keep our residents safe. Earlier this year, I initiated electronic monitoring of sex offenders on probation.  Using GPS technology, the County is now able to monitor the movements of these offenders 24 hours/day, 7 days/week, so we know where they are, and can stop them from being where they are not supposed to be (such as near schools). This, plus the added fact that these sex offenders know that we are watching them, makes this program a strong deterrent to committing future crimes. 

Because recidivism is generally high among sex offenders, the County instituted the “Relapse Prevention Program,” which includes individualized counseling, intensive probation supervision and surveillance for sex offenders.  This program has successfully resulted in a recidivism rate of zero for those who have participated. 

My other initiatives include an executive order to keep known sexual predators away from children at county-owned parks.  Through our “Protect the Kids” initiative, we have reached out to hundreds of parents, teachers and child care providers on how to teach our young children to protect themselves from sexual predators.

I have never wavered in my commitment to protect Westchester’s families, especially our women and children.

However, civil commitment will do more than all of these initiatives.    What the State Legislature and the Governor must do now is enact a Civil Commitment law.  That is why I have called for a special session of the Legislature.   

As a condition of probation, the Westchester County Probation Department conducts polygraph exams of sex offenders.  The results have been startling, but at the same time, have reinforced what we know: the high rate of recidivism among sex offenders.  Polygraph exams of over 100 convicted sex offenders, who were convicted of one crime in Westchester, revealed over 5,000 other incidents that went unreported.  On average, these offenders had over 50 unknown victims each. The polygraph has also revealed a lot of “cross-over” conduct among sex offenders: For example, pedophiles who have also raped adult women, or who have also committed incest or acts of public lewdness. Conclusion: At sentencing we know very little about the sex offender’s past.  It is only through mandatory, intensive supervision and treatment that we learn the truth.  And that supervision and treatment should occur in a secure facility so that the public, particularly women and children, are not put at risk.

In conjunction with a Civil Commitment law, we need to strengthen our monitoring of sex offenders.  As far as I’m concerned, sexually violent offenders have given up their right to be unsupervised.  We owe it to our children to ensure that they are monitored at all times.  That’s why a secure civil commitment facility is vital.  However, if and when they are released into the community, laws need to be in place to ensure that strict monitoring continues.  That is why I developed a legislative package earlier this year that includes requiring all sex offenders, not just Level 3 offenders, to be registered (on the Megan’s Law directory) for life and for certain sex offenders, in particular, those who have been convicted of molesting children, to also be monitored for life.  I have called for creating a new crime of damaging or tampering with electronic monitoring equipment or removing it without permission, as well as for criminal penalties for those who harbor a sex offender who has failed to register. 

Thank you, Senator Klein, for sponsoring two of these bills in this legislative package.

I have also written to the State Office of Temporary and Disability Assistance (OTDA) requesting that Westchester County be granted a waiver allowing us to confine any Level 3 sex offender or Level 2 sex offender whose victim was a child under the age of 16 who resides in a temporary housing shelter to said facility at all times.

Furthermore, there should be State legislation to deny parole to all Level 3 sex offenders, and a requirement that  these offenders serve out their full sentences on consecutive (not concurrent) terms. Additionally, all Level 3 sex offenders currently on parole should be required to wear electronic monitoring bracelets. 

Protecting children and families has been a priority of my administration, as exemplified by the local initiatives already detailed, plus many others.   My advocacy for a Civil Commitment law, has been part and parcel of these efforts.  But Westchester, obviously, cannot pass this law by itself. We need State action, and we need it now.

Thank you for this opportunity to address the panel and especially for your support for strengthening our laws pertaining to sex offenders.  I look forward to working with you during the upcoming weeks and months to pass Civil Commitment legislation.