E S Janus | PubMed Health

PubMed2000

Sexual predator commitment laws: lessons for law and the behavioral sciences.

Sex offender commitment laws use a mental health commitment model to lock up the "most dangerous" sex offenders after their prison sentences expire. In Kansas v. Hendricks, the United States Supreme Court rejected the major constitutional challenges to these laws. The Hendricks case clarifies important ambiguities about the use of civil commitment to enforce "police power" interests, as opposed to "parens patriae" interests. Hendricks also clarifies the role of "treatment" in justifying civil commitment. While there remain some important legal issues to be resolved, the future direction of sex offender commitment schemes will turn most significantly on policy decisions. The behavioral sciences can play an important role in shaping these decisions. The most significant questions concern whether expensive commitment programs are the most effective use of scarce treatment and supervision dollars. Additional research should be directed to improving dynamic predictors of recidivism, operationalizing "inability to control" standards, judging the "social meaning" of commitment laws, and assessing the potential treatment disincentives of these laws.

Commitment of Persons with Psychiatric Disorders↗

PubMed2000

Sex offender commitments in Minnesota: a descriptive study of second generation commitments.

Civil commitment laws intended to prevent sexual violence are being considered and enacted by many state legislatures. In their use of "preventive detention" to lock up the "most dangerous," the laws are highly controversial legally and morally. As well, critics raise questions about the extent to which the laws advance their stated goals. Considering the growing expense of these programs, evaluation efforts based on an empirical foundation are imperative. This study collected data on all 116 men committed under Minnesota's program during the period 1975-1996. The authors report descriptive summary data on admission rates and population trends, demographic characteristics of detainees and victims, pre-commitment criminal and mental health histories, and current status of detainees. The article also compares the committed group with sex offenders in the state's correctional system. The article describes the history and functioning of sex offender commitment programs, and draws implications for policy-makers from the data presented.

Adolescent↗