Topic: State Civil Commitment following Prison Sentence

Civil Commitment - State Within the Community Room there are TWO "Topics" covering civil commitment, one for Federal Civil Commitment and this one covering State Civil Commitment. What is Civil Commitment: Civil commitment is a cruel form of punishment, which courts do not consider punishment. In essence it is sending someone, already convicted of a crime and who has served his/her sentence, to a civil commitment center at the end of their prison sentence. While it was legislatively devised to hold sex offenders, deemed dangerous by legislative terms, in a facility until they are no longer deemed dangerous to the community, and while in that facility provide treatment for them to reduce the possibility of those folks recidivating when they are ultimately released back into the community. In reality, the overwhelming majority of these folks are held for the rest of their lives as virtually none have been released todate from the centers that hold them. In addition, there have been a few cases where folks convicted of other crimes have also been committed even though they have no sex crime in their history; appeal courts have upheld these commitments. States with Civil Commitment Laws and Centers: Federal Level, Arizona, California, Florida, Illinois, Iowa, Kansas, Massachusetts, Minnesota, Missouri, Nebraska, North Dakota, New Hampshire, New Jersey, New York, Pennsylvania, South Carolina, Texas, Virginia, Washington, Wisconsin and now Utah. Every state has a civil commitment law in their Mental Health laws. Under that law if a person is a danger to someone or themselves they can be committed, but hose laws are not like the civil commitment laws following the completion of a prison sentence. However, one state "UTAH" uses their mental health laws to civilly commit sex offender following the completion of a prison sentence. see the following: Utah panel considers changing civil commitment law 5-3-2011 Utah SALT LAKE CITY (AP) — A state criminal justice committee on Monday began considering changes to Utah's civil commitment law that would close a loophole that allowed a convicted sex offender go free. Lonnie Johnson was released from Utah State Hospital in April after judges said he was incompetent for trial and did not meet the legal criteria for civil commitment. "We have what I consider to be a gap in the law," said Rep. Brad Daw, R-Orem, who plans to propose a fix to lawmakers in 2012. Under Utah's civil commitment law, a judge would have had to find that Johnson's mental illness made him a substantial danger to himself or others. Court papers say he suffers from an unspecified cognitive disorder. The Commission on Criminal and Juvenile Justice subcommittee is considering changing the definition of substantial danger, Daw said. Currently, it includes acts of violence that would cause serious bodily injury, physical pain and even the loss of limbs or mental faculties. It doesn't include sexual assault. ..Source.. State Civil Commitment Laws: Not every state has civil commitment only the states shown above (as of June 2011). Under Federal law there is but one law to discuss, and it flows from the Adam Walsh Act. However, the twenty states that have civil commitment all have different laws to accomplish committing someone following a prison sentence. And here it is not possible to cover all that law so here we will speak in general terms without citing any specific law of a specific state. Conceptually they all work the same. Criteria for Commitment Hearing: There is a slight difference between Federal and States in the way they chose who may be subject to a civil commitment hearing. On the Federal level anyone with any sex offense may be considered, however, on State levels some states chose folks with specific state offenses. See state laws for individual differences. Accordingly, if you are in one of the twenty states with civil commitment laws, and are being prosecuted for a sex offense, you need to be speaking to your lawyer about posturing your case because of the State's civil commitment laws which you might be subjected to later on. A special caution, if you are in one of the twenty states with civil commitment laws, and are being prosecuted for an offense other than a sex offense, and you have a sex offense in your history, you need to be speaking to your lawyer about posturing your case because of the State's civil commitment laws which you might be subjected to later on. Note: At least in one state, a "Failure to Register" charge is considered a sex offense while in other states it is not considered a sex offenses. Clearly talk to your lawyer and have him/her find out so you can properly posture your case with respect to any possible civil commitment hearing. We will be updating this as we find more that is relevant to state civil commitment. For now, have a great day and a better tomorrow. eAdvocate (BACK to the Top Page) Lawyers Who Handle Civil Commitment Cases: For Lawyers who handle these proceedings, please see HERE Blogs and Websites Covering Civil Commitment: Sex Gulag.org: Bringing news from America's (or any country's) expanding sex offender gulags. Its purpose is to point out the many legal, civil rights, and economic problems with civil confinement, incarceration, banishment, and the legal justice system and to explore their alternatives. It does not condone illegal acts of any kind. We desire a society in which all of its members live safely and with their civil rights intact. If free speech offends you, please do read elsewhere. Voices of the Gulag: Is the voice of the Civil Detainees being confined in California’s $388 Million Coalinga State Hospital, despite having already served their entire prison sentences. We alert the public to the many serious civil rights violations being committed, ostensibly for their protection. Brochures About Civil Commitment: Brochure about Coalinga Civil Commitment Center For now, have a great day and a better tomorrow. eAdvocate (BACK to the Top Page)