Senator Flanagan Calls For Protection From Sexual Offenders

In an appalling act of legislating from the bench, United States District Court Judge Denny Chin recently decided to overturn critical improvements to Megan's Law, thereby allowing over 4,000 sex offenders in New York State to elude legal tracking. (READ STORY) This decision, which will effectively overturn the will of the residents of New York State, is an affront to the sensibilities of our state and one that must not be allowed to stand.

In January, both houses of the New York Legislature joined together to amend provisions of Megan's Law to offer our residents greater protection from sexual offenders. (READ STORY). This effort, which was supported overwhelmingly by New York residents, requires that those who committed the most heinous acts must register for life so that the communities they live in continue to know their status and whereabouts. Now, the efforts of the Legislature, whose members are duly elected by the people they represent, are being thwarted by judicial activism.

This is a decision that must be appealed by New York State and overturned before one of these offenders causes any more harm. The fact that over 4,000 sex offenders will now go undetected due to Judge Chin's decision exposes our children and residents to an unacceptable risk.

I have written Governor George Pataki to urge him to fight this decision and to protect the people of this state from this shortsighted ruling. The New York State Legislature has acted on behalf of the people they represent and the will of the entire State must be defended for the good of all our residents.

Sincerely yours,

John J. Flanagan
2nd Senate District

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April 19, 2006

The Honorable George E. Pataki
Executive Chamber
The Capitol
Albany, New York 12247

Dear Governor Pataki:

I am writing to respectfully urge you to use the full authority of New York State to appeal the recent decision by United States District Court Judge Denny Chin regarding the recent amendments to Megan's Law. This decision, which Judge Chin rendered last week, will allow thousands of sex offenders to evade tracking.

These amendments, which were enacted by the Legislature and approved by you, were intended to offer our residents greater protection from sex offenders and were overwhelmingly supported by the residents of New York State. The voice of the people and the actions of the Legislature must be fully protected from the misguided decision of one judge.

By ruling that almost 4,400 sex offenders are not bound to the laws of New York State, Judge Chin has overstepped the principle of separation of powers and utilized his position to legislate from the bench.

Even more critical to this issue is the true need to protect our communities. The fact that these sex offenders will now go undetected puts our residents in unnecessary danger. This is a ruling that puts our children at risk and a decision that must be fought for the good of all who live in our State.

Judge Chin's decision is an affront to the sensibilities of our state and one that must not be allowed to stand. I greatly appreciate your previous efforts regarding the fight against sexual abuse and I am ready to assist you in any effort regarding this issue.

Sincerely yours,

John J. Flanagan
2nd Senate District

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