This is a partial transcript from "The O'Reilly Factor," November 17, 2005, that has been edited for clarity.
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BILL O'REILLY, HOST: In the "Factor Follow-up" segment, New York state Judge Jacqueline Silbermann has overwritten Governor George Pataki's order to confine 12 violent sex criminals. State of New York will appeal the judge's decision, but there's no question, many of these convicts received very light sentences for brutally abusing children.
For example, Arnold Allen sexually abused an 8-year-old boy and a 13- year-old boy. Sentenced to just three years.
Charles Brooks held a knife to a 5-year-old girl and 13-year-old girl, forcing them to have sex with him. Sentence, five years.
Mark McCray sodomized an 8-year-old boy. Sentence -- ready? -- two years! Two years!
William Clark, with a history of pedophilia, sexually abused a 7-year- old girl, sentenced five years.
With us now, Governor Pataki.
People are shocked across the country, around the world watching this tonight, they are stunned that the state of New York, judges here will give these animals those sentences.
GOV. GEORGE PATAKI (R), NEW YORK: Absolutely. And it's not just people across the country. I think anybody who looks at this, believes that these people belong to be -- belong away from society for a long time, a lot longer than that.
And that's what we're fighting to try to do. We're trying to try to change the law so that they can't get out of prison for a long period of time. And then if they can get out of prison, if they still pose a threat to our children or the women of this state, we should put them in a mental institution.
O'REILLY: And you have.
PATAKI: And we have.
O'REILLY: But the judge, you know, at the behest of the ACLU, says, "No, you didn't put do it right." And you know, she's going to impose all these other restrictions.
Now, you're going to file an appeal. I don't want to try the case here. It's complicated. But are you going to beat this judge?
PATAKI: I think we should beat it, because the judge just created new rights for sexual predators who have been convicted in a court of law that other people who suffer mental illness don't have.
Right now if you are a family member and you have a mentally ill relative who is a danger to himself or society and who needs involuntary treatment, you can petition, and they go through a process and have that person involuntarily committed. That person has less rights than what this judge is giving people who have been convicted of raping 3-year-olds.
O'REILLY: But the judge is saying and the ACLU is saying, "Look, they've already served their sentence. As bad as the sentence was, they served it, and you don't have any right to keep them in there."
PATAKI: Yes, we do. Because under our mental health law, we can confine people who are a threat to others and who need to have involuntary treatment, when they're mentally ill.
O'REILLY: Did you make any mistakes in your evaluation of these people that this judge can point to and win her case?
PATAKI: No, it's not a question of me doing an evaluation. We have three different doctors.
O'REILLY: Did the state make any mistakes here?
PATAKI: I don't believe so.
O'REILLY: You went by the letter of the law?
PATAKI: We went by the letter of the law. Three different physicians had to examine this person. And all of them had to conclude that he was mentally ill, that he posed a threat to himself...
O'REILLY: They all did.
PATAKI: ... and needed involuntary treatment. And Bill, it's not like we're taking everybody and just saying, "All right. When you get out of prison, we're putting you in mental health facility."
O'REILLY: No, it's the worst of the worst.
PATAKI: More than three out of four who go through this process are released back into society. A lot of those shouldn't be out on the streets.
O'REILLY: Why does this Judge Silbermann do this?
PATAKI: God only knows.
O'REILLY: Do you know her?
PATAKI: I don't. I don't know her. But it's just amazing to me when we try to change the laws or sometimes when we change the laws, whether it's legislators or in some cases like this one, judges, who may just seem to put the rights of people who they know are going to prison...
O'REILLY: You're saying she's making up rights for these people.
O'REILLY: You followed the letter of the law. That she's making it up?
PATAKI: That's what we believe. And we're appealing and I'm hopeful that we're going to win.
O'REILLY: I'm praying you will. All right. Now, the reason -- you've been in office a long time. This is your third term. Correct?
PATAKI: Third term. Yes.
O'REILLY: The reason you don't have Jessica's Law here or tough mandatories against these people, is because of Sheldon Silver. It is because this guy, this assemblyman, is powerful enough to block it from even coming to a vote. Why haven't you been able to beat this guy, Governor?
PATAKI: Well, you know, it's real -- it's a tremendous problem when one person, either in the Senate or the House, can prevent a bill coming to -- on the floor for a vote.
O'REILLY: He's done it seven years.
PATAKI: We've had these bills, including a bill that would clearly say that any one of these sexual predators who are still mentally ill could be confined once they're finished their prison term. It passed the Senate this year 58-2. It passed the Senate last year 60-0, every Republican, every Democrat. We cannot get a vote on the floor of the assembly.
O'REILLY: Because of one man.
PATAKI: The leadership determines what goes to the floor. You can elect your local assemblyman. He might say, you know, I'm going to...
O'REILLY: Why haven't you been able to beat him? I mean you've got to bring it to the folks of New York. He does this because he's in the pocket of trial lawyers who don't want these tough minimums.
PATAKI: Well, I don't think this is trial lawyers. I just don't understand the basis for...
O'REILLY: Trust me on this. He works at a law firm. You know where he is.
PATAKI: That's different. We're trying to get workers comp reform, too, with the trial lawyers on the other side. I don't understand that at all.
O'REILLY: You think he's just a pure, evil SOB?
PATAKI: No. No, not at all.
O'REILLY: Then why is he blocking it?
PATAKI: I don't understand it. I think what he is trying to do is reflect the wishes of some of the people in his conference. And who they're protecting is beyond me.
O'REILLY: His conference? What conference?
PATAKI: His Assembly -- Democratic Assembly Conference. There are some very left wing legislators, very outspoken...
O'REILLY: Well, put it to a vote.
PATAKI: I agree. And that's what I've been trying to do. We have separation of powers. All I can do is make the case, urge them to have a vote, put in the legislation.
O'REILLY: How about a referendum on the ballot?
PATAKI: We don't have an issue of the referendum in New York state.
O'REILLY: No. Can't do it?
PATAKI: No. Only if the legislature...
O'REILLY: In our democracy here in New York state, one of the proudest states in the union, we have one man, Sheldon Silver, who for seven years has blocked any tough legislation against child sexual predators. This isn't democracy.
PATAKI: We've had this bill for seven years. It's passed the Senate with bipartisan, overwhelming support. We cannot get a vote on the floor of the assembly. I'm going to continue to push it.
Bill, you know how you get the votes, exactly what you're doing tonight. Let the people of New York know that if they want to keep sexual predator away from their kids, away from their neighborhoods.
O'REILLY: We've got to -- we've got to get Sheldon Silver out of there.
PATAKI: ... call the assembly person and say, "You get a vote or we're not going to vote for you.
O'REILLY: OK. Governor, keep fighting the good fight. Let us know what happens. We'll deal with this as it comes down. We hope you win the appeal.
PATAKI: And we're up now to 26. No longer 12.
O'REILLY: You've got 26 behind bars.
PATAKI: There are now 26 we're holding behind bars, and we're going to keep doing it.
O'REILLY: OK, Governor, thanks for coming in.
PATAKI: Thank you, Bill.
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