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Sex Offense Litigation and Policy Resource Center

Civil Commitment

Litigation and Policy Resource Center

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Recent Cases

  • In re Gadlin (Cal. 2020)

  • In re Commitment of Stephenson (Wis. 2020)

  • State v. Batson (Wash. 2020)

  • State v. Genson (Kan. Ct. App. 2020)

  • In re Stoddard (Tex. 2020)

  • Does v. Wasden (9th Cir. 2020)

  • State v. Townsend (Ohio 2020)

  • United States v. Bobal (11th Cir. 2020)

  • Johnson v. Superintendent (N.Y. 2020)

  • Hixson v. Missouri State Highway Patrol (Mo. Ct. App. 2020)

Contact Information

Sex Offense Litigation and Policy Resource Center

875 Summit Avenue
Saint Paul, MN 55105

Professor Eric Janus, Director

eric.janus@mitchellhamline.edu

Guy Hamilton-Smith, Legal Fellow

guy.hamiltonsmith@mitchellhamline.edu

In re Jones (Kan. Ct. App. 2020)

Posted: February 1, 2020
Kansas Court of Appeals opinion reversing the dismissal of an SVP petition where expert evaluators disagreed as to whether the Appellee met the statutory criteria for commitment.

In re Jones (Kan. Ct. App. 2020)

Category: Civil Commitment Cases Tag: 10th Cir., Civil Commitment, Kansas

Van Orden v. Stringer (8th Cir. 2019)

Posted: September 11, 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.

Van Orden v. Stringer (8th Cir. 2019)

Category: Civil Commitment Cases Tag: 8th Cir., As-Applied, Civil Commitment, Missouri

Sex Offender Civil Commitment: The Treatment Paradox

Posted: December 3, 2018
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: The Treatment Paradox

Category: Civil Commitment Secondary Materials Tag: Civil Commitment, Treatment Programs

Willis v. Palmer (N.D. Iowa 2018)

Posted: November 24, 2018
Civil rights lawsuit brought by individuals civilly committed in Iowa challenging constitutionality of continued detention. District court dismissed various claims in light of Karsjens decision.

Willis v. Palmer (N.D. Iowa 2018)

Category: Civil Commitment Cases Tag: 8th Cir., Civil Commitment, Iowa

United States v. Welsh (4th Cir. 2018)

Posted: November 20, 2018
4th Circuit Court of Appeals decision holding that, despite underlying federal conviction being vacated, federal civil commitment order was still valid.

United States v. Welsh (4th Cir. 2018)

Category: Civil Commitment Cases Tag: 4th Cir., AWA, Civil Commitment

Sex Offender Civil Commitment to Prison Post-Kinglsey

Posted: September 10, 2018
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 abstract is presented here by special permission of Northwestern University Pritzker School of Law, …

Sex Offender Civil Commitment to Prison Post-Kinglsey

Category: Civil Commitment News, Civil Commitment Secondary Materials Tag: Civil Commitment

McGee v. Bartow (7th Cir. 2010)

Posted: July 26, 2017
Seventh Circuit affirming dismissal of habeas corpus petition by civilly committed individual who alleged, inter alia, that diagnoses of paraphilia and personality disorder NOS as well as failure to specifically find lack of volitional control by committing court violated constitutional rights.

McGee v. Bartow (7th Cir. 2010)

Category: Civil Commitment Cases Tag: 7th Cir., Civil Commitment, Habeas Corpus, Paraphilia Diagnosis, Personality Disorder, Wisconsin

Topics

Jurisdiction

10th Cir. 11th Cir. 1st Cir. 2nd Cir. 3rd Cir. 4th Cir. 5th Cir. 6th Cir. 7th Cir. 8th Cir. 9th Cir. 9th Circuit Alabama Alaska Arizona California Colorado Connecticut D.C. Cir. Florida Georgia Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Neb. Nebraska New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania South Carolina South Dakota Tennessee Texas United States Supreme Court Utah Vermont Virginia Vt. Washington Wisconsin

Constitutional Issues

10th Amendment 14th Amendment 1st Amendment 4th Amendment 5th Amendment 6th Amendment 8th Amendment Assistance of Counsel Bail Bill of Attainder Compelled Speech Double Jeopardy Due Process Equal Protection Ex Post Facto Foreign Commerce Clause Fourteenth Amendment Freedom of Association Full Faith and Credit Habeas Corpus Necessary and Proper Nondelegation Overbreadth Privileges and Immunities Procedural Due Process Right to Jury Trial Right to Parent Right to Travel Ripeness Speedy Trial Standing Substantive Due Process Takings Clause Treaty power Void-for-Vagueness

Substantive Issues

Actual Innocence Administrative exhaustion Administrative Procedures Act AEDPA Antisocial Personality Disorder Apprendi / Alleyne As-Applied AWA Burden of Proof Churches Civil Commitment Collateral Estoppel Conditions of Confinement Conditions of Release Daubert Deregistration Evidentiary Standards Expungement Extraterritorial Registration Failure to Register Familial Relationships GPS Halloween Hearsay Heck bar Homelessness Housing HUD Immigration Ineffective Assistance International Travel Internet Identifiers Internet Restrictions Jury Instructions Juvenile Registration Mental disorder Non-Sexual Offense Notification Out-of-state Offense Paraphilia Diagnosis Pardon Parole Personality Disorder Plea Agreement Plethysmograph PLRA Polygraphs Preemption Presence Restrictions Procedural Default PROTECT Act Punishment Qualified Immunity Recidivism Reclassification Res Judicata Residential Banishment Retroactive Application (Non-EPF) Revocation of Supervision Risk School Property Second / Subsequent Offense Sentencing Sexual Predator designation Sign Posting Special Needs Supervised Release SVP Tiering / Classification Tolling Transitional Release Travel Travel Restrictions Treatment Programs Voting Rights






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