Civil Commitment Report Card–Its Failings Being Overcome by Judicial Action

Ben Loefke, Staff Writer

Instead of committing three time sex-offender Daniel Gierszewski of Buffalo to civil confinement, New York State Supreme Court Judge, Richard C. Kloch Sr. decided that stringent parole conditions would suffice for the recently released convict.1 Each of Gierszewski’s convictions has involved sexual misconduct with young girls, aged sixteen, fifteen, thirteen, and ten.2 After serving his most recent sentence—a fourteen year stint for fondling a ten year old girl—Gierszewski, has been in an upstate psychiatric center pursuant to a New York law that allows for the commitment of recidivist sex offenders to be civilly committed if they are shown to have “mental abnormality” that prevents them from controlling their predatory urges.3

In 2007, at the prodding of then Governor Elliot Spitzer, the New York state legislature passed into law the bill that became section ten of the Mental Hygiene law.4 It was fourteen years coming, but finally the state decided to follow the example set by nearly twenty other states and adopt legislation that would enable civil confinement of sex offenders with mental problems that made it likely they would recidivate.5 The statute allows for civil confinement of detained sex offenders who can be proven by the attorney general to suffer from “mental abnormality.”6 The law’s stated purpose is “to protect the public, reduce recidivism, and ensure offenders have access to proper treatment.”7 The general idea behind the civil confinement is that mentally ill sex offenders should not be permitted to rejoin society when it is likely that they will victimize someone again because they lack control over their own conduct. Continue reading “Civil Commitment Report Card–Its Failings Being Overcome by Judicial Action”