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Federal Civil Commitment



Federal Civil Commitment Center: Federal Correctional Institute
1000 Old 75 Highway
Butner, NC 27509
(919) 575-4541.

The "Federal Civil Commitment Center," is FCI Butner. See Bureau of Prisons FCI Butner (FMC Medical) prison in North Carolina. See HERE as well.



History of Federal Civil Commitment:
Prior to the 2006 The Adam Walsh Child Protection and Safety Act of 2006 (HR-4472 PDF), Title III: Civil Commitment of Dangerous Sex Offenders there was no federal civil commitment laws to commit sex offenders following their prison sentences.

Then in 2010 came the case of US v Comstock which legalized the federal civil commitment of folks beyond their federal prison sentences.



Civil Commitment Laws/Rules:

Federal Law: The Adam Walsh Act - TITLE III--CIVIL COMMITMENT OF DANGEROUS SEX OFFENDERS ( AWA Sec 301: 42 USC 16971 and AWA Sec 302: 42 USC 4248 ).

Federal RULES: On 11-20-2008 the Dep't of Justice posted the final rules which govern civil commitment. The questions in the supreme court are both based on "sexually dangerous" definition, which -in the rule is defined as:
§ 549.94 Definition of ‘‘sexually dangerous to others.’’ For purposes of this subpart, ‘‘sexually dangerous to others’’ means that a person suffers from a serious mental illness, abnormality, or disorder as a result of which he or she would have serious difficulty in refraining from sexually violent conduct or child molestation if released.

§ 549.95 Determining ‘‘serious difficulty in refraining from sexually violent conduct or child molestation if released.’’

In determining whether a person will have ‘‘serious difficulty in refraining
from sexually violent conduct or child molestation if released,’’ Bureau mental health professionals may consider, but are not limited to, evidence:
(a) Of the person’s repeated contact, or attempted contact, with one or more victims of sexually violent conduct or child molestation;

(b) Of the person’s denial of or inability to appreciate the wrongfulness,
harmfulness, or likely consequences of engaging or attempting to engage in sexually violent conduct or child molestation;

(c) Established through interviewing and testing of the person or through other risk assessment tools that are relied upon by mental health professionals;

(d) Established by forensic indicators of inability to control conduct, such as:

(1) Offending while under supervision;

(2) Engaging in offense(s) when likely to get caught;

(3) Statement(s) of intent to re-offend; or

(4) Admission of inability to control behavior; or

(e) Indicating successful completion of, or failure to successfully complete, a sex offender treatment program.

If one has a prior qualifying offense, and catch this, admits they took sex offender therapy, that is sufficient to civilly commit them. Look close at the twisting of facts, taking therapy is viewed as an admission that the person could not control their impulses, if they had any. No provision for -they may have been forced to take therapy to get paroled-, this is trickery.



Videos explaining the Buter SO Treatment Program
by Federal Judicial Center: Television Network

SOTP Part-I


SOTP Part-II


SOTP: Background and Philosophy


Supervision Recommendations


Sex Offenders: UPDATE (Field Issues)



In the right-hand column of this video
is a series of other videos related to FCI Butner





Excellent PDF related to FCI Butner,
includes section on sex offenders






Federal Policy Manual with Respect to Civil Commitment:

We are attempting to find any and all state policies which are being used that relate to civil detainees and/or this state's civil commitment center/s.

Inmate Information Handbook: Federal Bureau of Prisons

If anyone knows of others, or even an updated version of the above, please let us know.

Thanks, eAdvocate




Lawyers who have handled cases in This State:

The following is list of lawyers who have handled civil commitment cases or appeals in this state. By listing them, with links to cases they have handled, does not mean we recommend them. It is up to YOU to decide if they are appropriate for your case. If anyone knows of a lawyer that should be listed here please contact us and we will list them. Thanks, eAdvocate


Office of Defenders Services
More coming as time permits


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