Lock and Key: Commitment of Sexually Violent Offenders

February 09, 2010 /24-7PressRelease/ -- Lock and Key: Commitment of Sexually Violent Offenders

Americans generally expect that they will be protected from individuals that the government has deemed sexually violent offenders. The debate over whether the federal government can legally confine sexually violent offenders after they have completed their sentences, however, may determine how long that confinement can continue.

The Case at Issue: United States v. Comstock

The case that brings this issue before the Supreme Court, United States v. Comstock, concerns five federal inmates who have been civilly confined in North Carolina after completing their sentences for sexually violent crimes or being found incompetent to stand trial for such crimes. Only 103 prisoners are currently civilly confined in federal prisons due to their status as sexually violent predators. Over 15,000 sex offenders are currently serving sentences in federal prisons; nearly all of them will be released after serving their sentences without being subject to civil confinement.

The federal government sought to civilly commit these 103 inmates by demonstrating with clear and convincing evidence that the individuals were sexually dangerous people. Federal inmates who are committed are initially considered to be in the custody of the Attorney General, who then must "make all reasonable efforts to cause" the state in which the sexually dangerous inmate is a resident or was tried "to assume ... responsibility" for the custody and care of that inmate during civil commitment. Thus, sexually violent predators only remain in federal custody after their sentences are complete if their states of residence will not assume responsibility for them.

States are often unable or unwilling to assume custody of sexually violent federal prisoners after they have completed their sentences. Many states are reluctant to assume custody of federal prisoners because it costs roughly $65,000 a year to house and treat a sexually violent predator. U.S. v. Comstock begs the question, if the states are unwilling to civilly commit the 103 violent sexual predators, why can't the federal government assume custody?

The Debate

The question before the Court is whether the federal government can civilly commit violent sexual offenders, or if the right to commit these inmates belongs to the states alone; it does not address whether civil commitment is legal or acceptable.

The government argues that civil confinements concern the custody of inmates already held in federal custody whose home states rejected responsibility for their continued detention. As a result of the state rejection of responsibility, it is argued that the federal government is not impeding on the rights of the states in continuing to confine the inmates. The government further argues that civil confinements are a necessary and proper exercise of the government's recognized power to facilitate an effective and responsible criminal justice system.

The lawyer for the inmates argues that the federal government may only act within the limited powers granted to it by the Constitution. The lawyer argues that the power the federal government has over a prisoner ends when the sentence has been served. The government, however, insists that its power over federal prisoners extends to the manner in which they are released.

State-Controlled Civil Commitments: Texas, A Case Study

The laws in each of the 20 states that employ civil commitment for sexually violent offenders vary widely in their procedures and implementation. Most states utilize locked-down inpatient residential facilities, which are often compared to prisons or mental hospitals. In some states, including California, Wisconsin and Florida, patients may choose not to participate in sex offender treatment. In these three states, 70 percent of patients or more refuse treatment.

Texas has adopted a different approach to civil confinements. Texas mandates treatment for offenders deemed sexually violent and at risk through intensive outpatient treatment. The Texas Department of State Health Services reports that the success rate for outpatient commitments is twice that of most inpatient commitments, largely because outpatient commitments allow offenders to transition back into the community.

In Texas, a person is deemed a sexually violent predator for purposes of commitment if the offender is a repeat sexually violent offender and suffers from a behavior abnormality that makes the person likely to engage in predatory acts of sexual violence.

Before an inmate's anticipated release date, a multidisciplinary team consisting in part of employees from the Texas Department of Mental Health and the Texas Department of Criminal Justice will assess whether or not the inmate is a sexually violent predator. If the inmate is assessed to be a sexually violent predator, a judge will conduct a trial to determine whether or not this assessment is correct. If the judge determines that the inmate is a sexually violent predator, the inmate must comply with outpatient confinement.

The confinement will continue until probable cause exists that the offender's behavioral abnormality has changed to the extent that he or she is no longer likely to engage in predatory acts of sexual violence. Violating any requirements of the confinement constitute a third-degree felony.

For Further Reference

The laws in each state differ with regard to civil commitment of sexually violent offenders. If you or someone you care about has questions regarding either federal or state procedures, please contact an experienced criminal defense attorney.

Article provided by Rush & Gransee, L.C.
Visit us at http://www.southtexaslawfirm.com/CM/Custom/TOCCriminalDefense.asp

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