Civil Commitment Cases
Van Orden v. Stringer (8th Cir. 2019)
8th Circuit Court of Appeals affirming the dismissal of class-action litigation concerning Missouri’s sex offense civil commitment program in light of Karsjens.
In re Sigler (Kan. 2019)
Kansas Supreme Court affirming the commitment of an individual who was the subject of a second SVP petition in the wake of technical violations of his supervision, rejecting res judicata, collateral estoppel and Due Process arguments.
Pesci v. Budz (11th Cir. 2019)
11th Circuit Court of Appeals opinion finding that civil commitment center’s ban on committee’s publication and subsequent page-limitations did not offend First Amendment rights.
Civil Commitment Secondary Materials
Sex Offender Civil Commitment: The Treatment Paradox
Twenty-one states and the federal government have civil commitment schemes that provide for the further confinement of sex offenders after they have completed their prison sentences. These schemes survive constitutional scrutiny on the grounds that they are not a second prison sentence, but rather serve the non-criminal ends of protecting society and helping treat violent sex offenders. The underlying legislation confirms the treatment objective by elaborating statutory guidelines for treatment programs. This Comment argues that treatment–although guaranteed by statute, legislative findings, case law, and the constitution–is an empty promise. Indeed, participation in treatment harms the very offender that it purports to help. This treatment paradox arises because successful treatment and relapse prevention require that an offender discuss his sexual fantasies and past transgressions; yet, unprotected by privilege or confidentiality, these cathartic admissions are utilized in civil commitment proceedings to secure further confinement. Because the prosecution heavily relies on treatment records to show that the offender continues to suffer from a mental abnormality and because the completion of treatment does not favorably impact an offender’s chance of release, offenders often elect to forgo treatment. This treatment disincentive effectively denies offenders the opportunity to heal and to obtain release from commitment through treatment, an opportunity envisioned by statute and by the civil commitment scheme’s constitutional underpinnings.
Sex Offender Civil Commitment to Prison Post-Kinglsey
Arielle W. Tolman, Sex Offender Civil Commitment to Prison Post-Kingsley, 113 Nw. U. L. Rev. 155 (2018) [Ed Note: This article is published as Arielle W. Tolman, Sex Offender Civil Commitment Post-Kingsley, 113 Nw. U. L. Rev. 155 (2018). The abs …
Beyond Strict Scrutiny: Forbidden Purpose and the “Civil Commitment” Power
Sex offender civil commitment (SOCC) is a massive deprivation of liberty as severe as penal incarceration. Because it eschews most of the “great safeguards” constraining the criminal power, SOCC demands careful constitutional scrutiny. Although the Supreme Court has clearly applied heightened scrutiny in judging civil commitment schemes, it has never actually specified where on the scrutiny spectrum its analysis falls. This article argues that standard three-tier scrutiny analysis is not the most coherent way to understand the Supreme Court’s civil commitment jurisprudence. Rather than a harm-balancing judgment typical of three-tier scrutiny, the Court’s civil commitment cases are best understood as forbidden purpose cases, a construct that is familiar in many areas of the Court’s constitutional analysis…
Civil Commitment News
WaPo: In Arlington, a judge must decide if a nonviolent sex offender should stay incarcerated after serving his sentence
On Monday, the Circuit Court in liberal Arlington County will be the scene of a heavy-handed morality play, with prosecutors seeking lifelong incarceration for a young gay man who has already paid an extraordinary price for youthful, nonviolent sexual indiscretions. Virginia, like 19 other states and the federal government, has a Sexually Violent Predators Act (SVPA). Under these laws, people who have completed their criminal sentences under any of a large number of sex-related offenses can be indefinitely detained in a high-security facility until the state determines that they no longer present a risk, typically never. …
Posted: August 25, 2019[The Appeal] — The Struggle to Be Trans in Minnesota’s Sex Offender Program
By Sessi Blanchard | July 15th, 2019 On July 7, 2018, Kendra Michelle Lovejoy did to herself what no one else would: surgery. Wielding a disposable razor, she made incisions into her testicles. She was rushed to the hospital where physicians performed …
Posted: July 15, 2019[Washington Spectator] – Modern-Day Gulag in the Golden State
By Barbara Koeppel | June 4th, 2019 Back in 1997, the Supreme Court ruled that the practice known as civil commitment was legal. This meant that 20 states—which had passed laws permitting the ongoing incarceration of sex offenders—could continue to kee …
Posted: June 12, 2019