Civil Commitment Cases
Rick v. Harpstead (D. Minn. 2023)
Minnesota District Court grants habeas petition to individual civilly committed to Minnesota’s sex offense civil commitment program under the “actual-innocence exception” based on newly discovered evidence regarding recidivism rates and predicted “risk.”
McDeid v. Johnston (Minn. 2023)
Minnesota Supreme Court opinion holding that patients civilly committed to Minnesota’s Sex Offender Program (“MSOP”) had a clearly established right to transfer to a less restrictive environment within a reasonable time following issuance of a Minnesota Commitment Appeals Panel transfer order.
People v. Kastman (Ill. 2022)
Supreme Court of Illinois affirmed lower court decision granting motion for civilly committed individual on conditional release who sought financial assistance from the Director of the Department of Corrections as his guardian.
Civil Commitment Secondary Materials
Sex Offense Civil Commitment — Minnesota’s Failed Investment and the $100 Million Opportunity to Stop Sexual Violence
The Sex Offense Litigation and Policy Resource Center released a report challenging Minnesota’s allocation of sexual violence prevention resources, with a particular focus on the harms and missed opportunities caused by the extraordinarily disproportio …
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 …
Civil Commitment News
Sex Offense Civil Commitment — Minnesota’s Failed Investment and the $100 Million Opportunity to Stop Sexual Violence
The Sex Offense Litigation and Policy Resource Center released a report challenging Minnesota’s allocation of sexual violence prevention resources, with a particular focus on the harms and missed opportunities caused by the extraordinarily disproportio …
Posted: April 16, 2024COVID-19: Strategies for Reducing Transmission
In response to the current COVID-19 Pandemic, the Sex Offense Litigation and Policy Resource Center has published a set of guidelines for law enforcement, policy experts, and others with respect to law and policy focused on those with past convictions …
Posted: March 28, 2020Reason — After He Found California’s Indefinite Detention of Sex Offenders Wasn’t Working, the State Shut Him Down and Destroyed His Research
By Steven Yoder | From the April 2020 Issue In late 2006, a public defender went before a Napa County judge to argue for his client’s freedom. Rex McCurdy, a 49-year-old man, had been detained for seven years at Atascadero State Hospital under a 1995 C …
Posted: March 6, 2020