[BwayDems] FOR IMMEDIATE RELEASE -- SENATOR YOUNG AND ASSEMBLY MEMBER O’DONNELL CALL ON GOVERNOR TO SIGN LEGISLATION IN WAKE OF LATEST SUBWAY MURDER

[Callie Wilson]

NEWS FROM ASSEMBLY MEMBER DANIEL O'DONNELL

Contact: Callie Wilson (Assembly), 206-898-2918; callieewilson at gmail.com
              Luke Slayton (Senate), 518-455-3564.

FOR IMMEDIATE RELEASE

SENATOR YOUNG AND ASSEMBLY MEMBER O’DONNELL CALL ON GOVERNOR TO SIGN
LEGISLATION IN WAKE OF LATEST SUBWAY MURDER


*Bills Passed by Legislature This Year Would Require Stronger Public
Protections and Better Treatment for Released Inmates with Mental Illness*


December 1, 2014 – In the wake of yet another subway murder allegedly
committed this November by a violent felon recently released from prison,
Senator Catharine Young and Assembly Member Daniel O’Donnell are urging
Governor Andrew Cuomo to sign their bipartisan bill that would ensure
mentally ill inmates are not freed without proper evaluation and treatment.

Democrat O’Donnell and Republican Young worked together to pass the
legislation in June after Daniel St. Hubert stabbed two children in a
public housing complex elevator nine days after being released from prison
without medications or community mental health services. This occurred
despite his having documented mental health problems and having committed
several violent acts while he was incarcerated. The six-year-old boy, P.J.
Avitto, died from the attack, while his seven-year-old playmate, Mikayla
Capers, suffered serious wounds.

The most recent tragedy in a long string of similar incidents occurred on
November 16 when Wai Kuen Kwok, a Bronx father of two, was shoved into the
path of an oncoming subway train without any warning or provocation. Days
earlier, on November 6, another man was attacked on a subway platform by
the same suspect.That victim suffered injuries bad enough to require
treatment at NYU Medical Center.

The suspect in both incidents, Kevin Darden, has been arrested more than 30
previous times, with a history of violent crimes prior to Wai Kuen Kwok's
horrific murder. Darden's mother reported that her son has psychiatric
issues but she had difficulty getting him treatment.

“There are thousands of cases where violent mentally ill inmates are
allowed back into society without any follow up, whether it is in New York
City or upstate. On Christmas Eve we will mark the tragic two year
anniversary of the ambush and coldblooded shooting of two first responders
in Webster, New York. Murderer William Spengler, who served 17 years in
state prison for beating his grandmother to death with a hammer, set a
blaze to lure the firefighters. Spengler spent time in a prison special
unit for the mentally ill but was left unsupervised in the community,”
Senator Young said.

“History just keeps repeating itself over and over. How many more innocent
victims do there have to be before action is taken? Dangerous mentally ill
inmates continue to be released on the streets without the necessary
safeguards to protect the public,” said Senator Young.

“This bill represents a common-sense change to the corrections law that
would protect our communities and improve outcomes for inmates. Inmates
with mental health issues must be properly monitored and treated, and we
cannot allow released inmates to lose access to treatments that keep them
healthy and prevent violent outbursts. Now that both the Assembly and the
Senate have passed this bill with overwhelming support, it is time for
Governor Cuomo to protect New Yorkers by signing it into law,” said
Assemblyman O’Donnell.

This summer’s incident highlighted a shortcoming in the law that needs to
be changed. Currently, an exemption exists that excludes post-release
mental health planning for mentally ill inmates who have not been cited for
major infractions or any violent conduct for a year prior to release.
Senate Bill 7818/Assembly Bill 10071 directly addresses this loophole by
requiring corrections officials and community supervisors to develop and
implement a post-release mental health plan and psychiatric monitoring for
inmates who have been cited for a major infraction or recommended for
mental health treatment within three years prior to release.

In the case of St. Hubert, the only apparent requirement upon his discharge
was that he meet with his parole officer regularly, despite the fact that
he had a known history of serious mental illness and violent behavior. The
killer was diagnosed with paranoid schizophrenia while incarcerated for
attempting to strangle his mother with an electrical cord. During his five
years in prison he was cited for violent actions no less than 12 times. But
St. Hubert refused mental health treatment while in prison and remained
clear of serious trouble for the one year window prior to his release.

The bill also authorizes parole officers to initiate an involuntary mental
health commitment proceeding if a newly-released parolee fails to abide by
the treatment requirements set or is otherwise recognized to be a threat.
In some cases, a parole officer may be the only professional in direct
contact with a parolee after their release, yet they are currently not
authorized to begin involuntary commitment proceedings.

“For too long mentally ill individuals in prisons, as well as our society,
have been stigmatized and neglected. What is more, the violently mentally
ill have been given insufficient treatment to prevent them from doing harm.
Instead, they have been punished and then released, where they can only do
more damage. Senator Young and I have drafted a bill that solves an urgent
problem in our state. It is time it was signed into law,” said Assembly
Member O’Donnell.

“We need to ensure this horrific body count does not continue to rise, and
that mentally ill people desperately needing treatment do not continue to
fall through the cracks. The Governor has the power to stop the carnage if
he signs this bill,” said Senator Young.

###
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://pairlist8.pair.net/mailman/private/bwdupdates/attachments/20141202/a20d510b/attachment-0001.html>