Pictured from left, Assemblyman Brindisi – (behind him) NYS Police Capt. Mark Lincoln – NYS Police Troop D Commander Major Donald L.X. DePass Jr., Sen. Griffo, Sheriff Robert Maciol and Town of Kirkland Police Chief Daniel English.

Submitted Release

(Utica, NY – Dec. 15, 2011) Calling for swift, bipartisan action to protect the public, State Senator Joseph A. Griffo (R-C-IP, Rome) and Assemblyman Anthony J. Brindisi (D, Utica),  joined by local and regional law enforcement officials, outlined a three-point plan to remedy gaping holes in the system exposed by the case of Robert Blainey, a released sex offender who has been accused of murder.

“The first responsibility of government is to protect the people by protecting innocent people from those who would do them harm,” said Brindisi. “The Blainey case showed very tragically that there are some terrible holes in the system that require action. I know there is always concern for the rights of everyone. In this case, my greatest concern is for the right of an innocent person to be safe from being preyed upon by a criminal. Nothing can fix the damage that was done, but we can and must acknowledge the system’s flaws and act to remedy them.”

The plan addressed serious flaws with existing rules regarding:

*Conditional release. In the Blainey case, and those like it, the power to put the offender back on the street ultimately rested with them, and not the system.

“The most egregious aspect of this situation is that you have an individual saying he’s dangerous and the parole board saying ‘we’re not going to let you go,’ but under the existing policies they allow it to happen,” said Griffo, a member of the state Senate’s Crime and Corrections Committee.

*Lack of current photographs of those out on parole. Although current rules require a picture annually, the file photo in the Blainey case bore no resemblance to the actual suspect after he broke his parole.

“At the very least, updating the images on file should be done more often, and the system needs to bring in those offenders who do not keep up their photos. No one searching for this man with the photo released to the public would have ever imagined he was the man who was being sought. Any time there are high-risk people on the streets, we need to be more vigilant, not less so,” said Brindisi.

*Civil confinement. Both legislators agree that the process of civil confinement, which deals with the confinement of sex offenders upon expiration of their prison sentences, needs overhauling.

“The process for making decisions is flawed, and it is done without strong input from a community such as ours,” Griffo said. “Putting people on the street who still pose a risk is wrong, and we need to tighten up the system, “added Brindisi.

Griffo and Brindisi outlined a package of five pieces of legislation that they have vowed to push in the new legislative session:

Senate 1199 (Griffo) / Assemblyman Brindisi to sponsor  - changes the law to provide that discharge of a offender from confinement or strict and intensive supervision by the court to include a discharge plan that ensures the offender is discharged to the community of their residence prior to conviction or commitment and shall include the use of electronic monitoring for a period to be determined by the court.

Senate 6073 (Griffo) / Assembly 1115  -  will require sex offenders who fail to register in a timely manner or verify their registration requirements under New York State’s  Sex Offender Registration Act to wear GPS transmitting devices.

New legislation (Griffo / Brindisi to sponsor) – would require all parole interviews with sex offenders to be reviewed by a State Office of Mental Health civil commitment review panel.

New legislation (Griffo / Brindisi to sponsor) – to require that high-level sex offenders provide a current photo on file every 90 days.

New legislation (Griffo / Brindisi to sponsor) – would authorize the Parole Board to require a felony sex offender to serve their maximum term, if their release would pose an imminent threat to society.

Griffo said, “In late October and early November, the people of Oneida County were subjected to some very serious fears because the system failed.  I made a promise to the people of Oneida County that we would take the swiftest possible action to change the system, and with this legislation we are doing that. I do not want any community anywhere in this state to be gripped by the kind of fear that gripped Oneida County because of gaping holes in existing policies.  This legislation is common sense, and protects the people who look to us to protect them from predatory, violent offenders.”

Brindisi said, “This package of legislation is designed to make sure that violent, serial sex offenders are kept in prison for the rest of their lives.” He added, “Everything possible must be done to make sure that if these violent offenders do not report to parole, that they can be quickly and easily tracked and located by law enforcement officers.”

The legislation accepts that there is no magic bullet to protect the public, but that we need to do more in terms of keeping people confined who are a danger to society and ensuring that high-risk offenders who have been released are tracked regularly. Protecting the people requires action, and this legislation is the right response.”

The bills build upon Griffo’s bill S.1199, which was designed to improve the discharge planning process for individuals being released after civil confinement. Former Assemblywoman RoAnn Destito had introduced an Assembly bill in support of Griffo’s effort.

“Even before the Blainey case, it was clear that the system was flawed and had the potential for tragedy,” Griffo said. “I am hopeful that in light of our recent local murder, this bill, which passed the Senate, will be approved by the Assembly as part of this package of legislation and signed by the Governor so that State Government can live up to its obligation to protect the people of New York from predators.”