Civil confinement

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Civil confinement refers to a controversial procedure permitted by a law passed in New York, advocated by the governor, Eliot Spitzer, allowing the civil commitment of sex offenders because they are deemed by a court to be a danger to themselves or to society. One pundit said that most broadly defined, "When the most dangerous sexual predators are due to leave prison ... officials can revoke their freedom and toss them into mental hospitals indefinitely."[1] Essentially, "Civil confinement permits the state to transform a criminal sentence with a specified duration into an indeterminate life sentence."[2] While certainly not without some controversy, at least 20 states have recently passed laws allowing civil confinement,[citation needed] one of which was ruled constitutional by the U.S. Supreme Court. However, the court recently reversed itself in the same case, Kansas v. Crane. A recent ruling has been interpreted that, "States will have to show that the offenders have a mental illness that causes a lack of control over their own behavior."[3] In Kansas v. Crane (2002) the court rule that absent a finding of a complete lack of self control, a sex offender may not be committed after he has served his sentence.

[edit] Purposes, elements, and factors

The current standard is that "the offenders have a mental illness that causes a lack of control over their own behavior."[4] Absent a finding of lack of control, there cannot be a commitment of a sex offender.[5]

A judge hearing a petition for civil confinement must consider several elements or factors, including who may or may not be confined, how much must be proven with what evidence, lack of control, risk of harm to the community generally or to particular persons or classes of persons, and the likelihood of recidivism.[citation needed]

A sexual predator seeks out harmful situations, and has lost control, while a sexual offender is a category of criminals who has committed a crime in the past.[citation needed]

[edit] References

 This article needs additional citations for verification.
Please help improve this article by adding reliable references. Unsourced material may be challenged and removed. (January 2008)
  1. ^ Mark K. Matthews, "Molesters confined even after jail time is up," Stateline.org found at State Line web site. Accessed January 24, 2008.
  2. ^ David Rosen, "Sex Offenders, Civil Confinement and the Resurrection of Evil: The New Disappeared," May 10, 2007, found at CounterPunnch web site. Accessed January 24, 2008.
  3. ^ Children's Express Bureau analysis at the US Department of Health and Human Services Web site. Accessed January 24, 2008.
  4. ^ Children's Express Bureau analysis at the US Department of Health and Human Services Web site. Accessed January 24, 2008.
  5. ^ Children's Bureau Express Online Digest: Supreme Court Decision Will Impact Civil Confinement of Sex Offenders. cbexpress.acf.hhs.gov. Retrieved on 2008-03-15.

[edit] See also