Civil Commitment for Sexual Predators

In January of 1999, Florida became one of a handfuluntil a man is ready to be released to begin his
of states with laws allowing the civil commitment oftreatment? Why delay treatment for 7 years for
sex offenders after they had completed their prisonsomeone who needs it?Fifth, there is no treatment
sentences. Similar civil commitment statutes hadrecognized as effective as a deterrent for repeat
already been passed in Kansas, Washington, Missouri,sex offenders, so what kind of treatment are they
Iowa, Massachusetts, and Wisconsin - all with theto receive after they are released from prison and
intent of prolonging the confinement of inmates whocommitted to an institution? The fact of the matter
had committed sex offenses.This is the way theseis that these men will probably spend the rest of
laws work. A person commits a sex offense, is triedtheir lives institutionalized.Sixth, the supporters of
and convicted, or pleads guilty. A sentence is given,these bills argue that the repeat sex offenders
say 7 years. The inmates serves his sentence andcannot control their behavior, that their crimes are
then is scheduled for release. But before he isnot volitional. This is the rationale for confinement and
released the state files a petition to have himtreatment. But, if the offender cannot control his
committed to a mental institution. There is abehavior, why not put him in a mental institution in
procedure, an evaluation, various steps in a process inthe first place. This is where other offenders (the
which psychologists, psychiatrists, prosecutors,criminally insane, for example) who are deemed not
judges, and juries decide whether to label theto be responsible for their behavior are put.Even
offender a sexual predator with a mental abnormalitythough there are these and many other arguments
that makes him likely to commit a sex offense in theagainst the constitutionality of the civil commitment
future.If the offender is so labeled, off he goes to anfor sexual predator laws, the Supreme Court in
institution where he can be confined for life unless heKansas v. Hendricks found that the Kansas sexual
demonstrates that he has changed to such an extentpredator law was constitutional. The court reasoned
that he will be no danger to the community.Now, sexthat because the law was civil and not criminal it was
offenders are nobody's favorite group. Few peoplenot subject to the prohibitions against ex post facto
care about their rights. Even fewer will fight for them.laws, or the prohibition against double jeopardy. The
But rights tend not to be confined to a particularcourt also found nothing wrong with commitment of
group. The trampling of rights, even if it's those ofan individual who was held to have a "mental
sex offenders today, can easily mean somebodyabnormality" (a low standard) but not found to have
else's rights being trampled tomorrow. This is whya "mental illness (a higher standard)." The American
civil rights must be jealously guarded.Let's examinePsychiatric Association has argued that a third to a
the legal objections to civil commitment statutes.First,half of those in prison will meet the criteria of having
the statutes represent a sort of double jeopardy.a personality disorder which can be considered a
The inmate has been punished by going to prison and"mental abnormality."Kansas v. Hendricks is a
serving his sentence. Then after he has "paid his debtdisturbing Supreme Court decision, but it has opened
to society" he is confronted with another, additionalthe door for more states to pass similar civil
sentence - confinement, possibly for life. He iscommitment legislation, and will undoubtedly create
punished twice for the same crime. This is what thethe environment in which many more states will
law calls double jeopardy.Second, these statutesfollow suit.Florida's civil commitment statute is already
violate the constitutional prohibition against thebeing questioned in the courts, and there have
enforcement of ex post facto laws. The prohibitionalready been problems with housing what may wind
against ex post facto laws is intended to keep theup to be a great number of inmates in facilities which
state from enforcing a law retroactively. But, inmatesare said to be mental institutions, but are often
who committed their crimes and were sentenced toconverted correctional institutions. Florida Governor
prison before these laws were passed are still beingJeb Bush proposed and then cancelled plans to put a
subjected to them when they are ready for release.facility for these sexual predators several blocks
When the offenders committed the crimes, they didfrom a school in Chattahochee, Florida. Where they
not know about this new punishment, so it is awill be located remains to be seen.Nobody cares
punishment thought up and implemented after theabout these inmates. Nobody wants these inmates,
fact.Third, the law does not punish the inmate forand nobody seems to be paying attention to the
something he has done, but for something he mightdubious constitutionality of their commitment. Once
do. The social sciences have not been very effectiveagain, the demonization of a class of people has
at predicting future behavior, and to punish someoneclouded our judgement and distorted our policy.Dr.
for what they might do is contrary to all our legalJohns has a Ph.D. from the Faculty of Law of the
heritage.Fourth, the argument is that the sexUniversity of Edinburgh, Edinburgh, Scotland. She has
offenders are being committed for treatment not forwritten and published three books (see Amazon.com).
punishment. But why, if these offenders needYou can contact her through her website cjjohns.
treatment, are they not given it in prison. Why wait