Judge Deems Pataki's Actions Illegal

November 17, 2005
After years of being frustrated in attempting to set up legislation to allow confinement of violent sex offenders after their prison terms’ end, Governor Pataki turned to existing law. Using the state’s involuntary commitment law, Pataki ordered 12 offenders to be held in psychiatric hospitals after the end of their prison terms. This seemed a success for Pataki until his actions were ruled illegal, and the men ordered to be released, by State Supreme Court Justice Jacqueline Silbermann.

Before the end of their prison terms, the 12 offenders were examined by three state-appointed psychiatrists and found in need of further confinement. However, a lawyer for the Mental Hygiene Legal Services said that the psychiatrists must be chosen by the court, not the state. She also declared that if the court-appointed psychiatrists found the patient in need of hospitalization, the state must then return to court, inform the patient’s attorney, and finally ask for a court hearing before taking any action. The state defended its actions by saying that because the men were to be released so soon and posed a threat to society, another section of state law allowed for confinement without all the legal steps.

Although Silbermann admitted to the validity of the state’s concern over the release of the violent offenders into the community, she deemed the state’s actions a violation of the offenders’ rights. Pataki contends that the court is giving sex offenders and rapists more rights and protections than regular citizens, and intends to appeal the decision.

For more information see the North Country Gazette and Newsday.com