Young: Keep Nushawn Locked Up

ALBANY - Senator Cathy Young (R,I,C – Olean) today renewed her call for a law making it a crime to knowingly spread the deadly HIV/AIDS virus to other unsuspecting people. Senator Young’s announcement comes in the wake of news that Nushawn Williams, the man who caused an AIDS epidemic in Chautauqua County in the 1990s, had completed his prison sentence and could be released to the public.

Senator Young also called on New York State Attorney General Andrew Cuomo to rigorously fight to ensure that Williams remains confined in a psychiatric facility and is not let back out into the community.

“People who knowingly use HIV/AIDS as a deadly weapon by purposely exposing others to the disease should be severely punished. This proposed law would provide the appropriate penalties for those who callously put other people’s lives in jeopardy, and will help further prevent the transmission of HIV/AIDS by keeping victims and prison supervisors informed when inmates test positive for the virus.”

State Attorney General Andrew Cuomo has announced that he is seeking, under New York’s Sex Offender Management Act, to have Williams confined in a state-operated psychiatric facility.

Senator Young said, “Nushawn Williams is the poster child for why we need a civil confinement law in New York State. I urge Attorney General Cuomo to do everything in his power to ensure that Williams remains confined. This deadly predator must not be returned to society.”

Senator Young’s legislation would create the crimes of reckless endangerment of the public health in the 1st and 2nd degrees for people who test positive for HIV/AIDS and then recklessly engage in conduct which results in transmission of HIV/AIDS to another unsuspecting person or puts that person at substantial risk of contracting HIV/AIDS.

The bill would also, among other provisions, required persons charged with a sex offense or reckless endangerment of the public health to be tested for HIV/AIDS and the results to be available to the victim (s) upon request.

The announcement in the fall of 1997, that Nushawn Williams had been informed of his HIV-positive status but continued to have unprotected sex with numerous women and underage girls in Chautauqua County, shocked the state and the nation. Williams was directly responsible for infecting thirteen victims statewide with HIV, two of whom passed on the virus to their children.

Williams completed his 12-year sentence for reckless endangerment and two counts of statutory rape last Tuesday, but continues to be held at Wende Correctional Facility in Alden.

While in prison, Williams tossed his HIV-tainted urine at another inmate, said he wanted to infect more women with HIV when he is released, fought with other prisoners, engaged in gang activity, and arranged to have drugs smuggled in and used them. He did not complete any sex offender or drug treatment programs.

In a required pre-release psychiatric evaluation, Williams was found to be antisocial, psychopathic, lacking in remorse and “prone to further sexual contact with underage individuals because of deficits in his emotional capacity to understand why this is wrong.”

Specifically, Senator Young’s legislation (S. 3407) would:

- Create the crime of reckless endangerment of the public health in the 1st degree, a class B felony, for those who are aware that they have tested positive for HIV/AIDS and then recklessly engage in conduct which results in transmission of the virus to another person who is unaware of the condition. Also creates the crime or reckless endangerment of the public health in the 2nd degree, a class C felony, for those who have tested positive and then engage in conduct which creates a substantial risk of the transmission of HIV/AIDS to another unwitting person;

- Create a class E felony for providing false information or statement regarding HIV status to a health care provider;

- Require all currently incarcerated persons and persons newly entering a correctional facility be tested for the HIV virus;

- Provide that a person charged with a sex offense under article 130 of the State Penal Law or reckless endangerment in the 1st or 2nd degrees must be tested for HIV and the results of the test made available to the victim (s) and defendant upon request;

- Provide that upon the diagnosis of an inmate with HIV/AIDS, notice of the diagnosis must be provided to corrections personnel and others involved in the supervision and care of the inmate to that they can take appropriate measure to protect themselves and other inmates from exposure.

from Cathy Young's office

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