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Civil Commitment: What is it?

CC Mental Health Law: For a long time society has permitted involuntary civilly committing folks who are deemed a danger to themselves or others in society, and that was based on mental health laws. The key is the "dangerousness" element.

CC Following a prison sex sentence: More recently a new kind of law has come about, civil commitment of sex offenders following completion of their prison sentences. These laws are based on the premise that, such former offenders are highly likely to commit further sex offenses if left in society without treatment. Hence civil commitment following their prison sentences. This is a whole new world of thinking by lawmakers.

Civil commitment, enacted by several states, was tested in the U.S. Supreme court in the case of Kansas v Hendricks and the court ruled it constitutional. Basing it on lawmaker created definitions of "Mental Abnormality" or "Personality Disorder," and highly likely to commit further sex offenses. Later cases further clarified civil commitment parameters and procedures and required that commitment be for treatment.

In 2006 the U.S. Congress enacted The Adam Walsh Child Protection and Safety Act of 2006 (HR-4472 PDF), Title III: Civil Commitment of Dangerous Sex Offenders:
(Sec. 301) Directs the Attorney General to make grants to jurisdictions for effective civil commitment programs for sexually dangerous persons. Prohibits use of grant money for transitional housing for sexually dangerous persons in locations where minors or other vulnerable individuals are likely to come into contact with such persons. Requires the Attorney General to report to the Judiciary Committees of Congress by January 31 of each year, beginning in 2008, on the progress of jurisdictions in implementing civil commitment programs for sexually dangerous persons and on the rate of sexually violent offenses for each jurisdiction.

(Sec. 302) Sets forth procedures for the civil commitment of sexually dangerous persons.

Then in 2010 came the case of US v Comstock which permitted the federal civil commitment of folks incarcerated in the Federal Bureau of prisons. Hence today there are state and federal civil commitment laws.

That is the focus of this blog: Civil Commitment following a prison sex crime sentence. (Note: Florida, in 2014, enacted laws to civilly commit folks following a jail sentence as well.)

This blog covers every state civil commitment center, and the federal civil commitment center at Butner North Carolina. And -to the best of our knowledge today (March 2014)- is the ONLY place on the Internet that covers news and other topics for civil commitment information. See HERE for links to each individual states' civil commitment center and program.


Now the story of one who defeated the state's attempt to civilly commit him, a very rare happening:
How 'civil commitment' enables indefinite detention of sex offenders by James Ridgeway

Most people would think that once you have served a jail sentence, you are free to go. But that's not always the case.

When it comes to sex offenders, a number of states and the federal government have laws that allow them to keep you in jail, simply because they consider you a potential recidivist. Through a legal procedure called "civil commitment", you can be classed as a sexually violent predator based solely on the subjective opinion of a state-employed psychologist or sex expert.

Once placed under a civil commitment, you are essentially in prison indefinitely. This can quickly become a nightmare, particularly in instances such as an "agreed disposition'' – similar to a plea bargain in a criminal trial – where a person may have been pushed to waive his right to appeal (pdf) during negotiations. ...Continued....

Are We All Sex Offenders? | Galen Baughman | TEDxCUNY


Typical end of prison sentence steps to a civil commitment hearing:
Source: Washington State Institute for Public Policy (1998)



Federal Rules for Civil Commitment (finalized 11-20-08) under the Adam Walsh Act (HR-4472 on Thomas) --- (Final Law (PDF)).


Position Statements:
No comments:

Washington - Civil Commitment

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State Civil Commitment Center:
The McNeil Island Special Commitment Center
PO Box 45130
Olympia, WA 98504-5130

Civil Commitment of Sexually Violent Predators

DOC Referral Law:
RCW 72.09.345 requires an “End of Sentence Review Committee” to review every sex offender prior to release from prison.

Commitment Laws:
Sex offenders who have completed their criminal sentences, but state superior courts find to meet the definition of “sexually violent predator” under chapter 71.09 RCW, may be civilly committed to the SCC for care, control, and custody.

Note: Apparently someone can be civilly committed and not be in the state facility (like in Texas), but instead be a patient in the community.
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Wisconsin - Civil Commitment

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State Civil Commitment Center:
Sand Ridge Secure Treatment Center
1111 North Road
P.O. Box 700
Mauston, WI 53948-0700

 Commitment Laws:
Chapter 980 Statute and laws pertaining to the commitment of sexually violent persons.

Visitor's Guide
State Policy / Publications
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 the state's civil commitment center/s.

So far we have located this Search for Publications

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

Thanks, eAdvocate

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Texas - Civil Commitment

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State Civil Commitment Center:
Note: Notice they removed the word "Detention" the old pic is below.

Texas Civil Commitment Office (TCCO)

Biennial Report regarding the Texas Civil Commitment Office:
December 1, 2014 - November 30, 2016
December 1, 2012 - November 30, 2014


Commitment Laws:
Texas website link to laws -and-
Civil Commitment Of Sexually Violent Predators

Miscellaneous Information/Resource:
1) Office of Violent Sex Offender Management"
2) Texas Department of State Health Services
3) Policy & Procedure for Folks under Supervision
4) HIPAA See left column link

NOTE: Texas Civil Commitment is Different from Other States:
( Texas has adopted a different approach to civil confinements. Texas mandates treatment for offenders deemed sexually violent and at risk through intensive outpatient treatment. The Texas Department of State Health Services reports that the success rate for outpatient commitments is twice that of most inpatient commitments, largely because outpatient commitments allow offenders to transition back into the community.

In Texas, a person is deemed a sexually violent predator for purposes of commitment if the offender is a repeat sexually violent offender and suffers from a behavior abnormality that makes the person likely to engage in predatory acts of sexual violence.

Before an inmate's anticipated release date, a multidisciplinary team consisting in part of employees from the Texas Department of Mental Health and the Texas Department of Criminal Justice will assess whether or not the inmate is a sexually violent predator. If the inmate is assessed to be a sexually violent predator, a judge will conduct a trial to determine whether or not this assessment is correct. If the judge determines that the inmate is a sexually violent predator, the inmate must comply with outpatient confinement.

The confinement will continue until probable cause exists that the offender's behavioral abnormality has changed to the extent that he or she is no longer likely to engage in predatory acts of sexual violence. Violating any requirements of the confinement constitute a third-degree felony.)


Texas Prison Treatment: Sex Offender Treatment Program (SOTP) consists of an eighteen-month intensive treatment program in a therapeutic community environment that allow offenders immediate feedback about their behavior and treatment progress (SOTP-18) and a nine-month moderate intensity program to assist sex offenders determined to pose a higher and more moderate re-offense risk respectively (SOTP-9). The programs involve three treatment phases employing a cognitive-behavioral model. The primary goal of the programs is to reduce the rate of re-offense and move the participants toward a more pro-social lifestyle.

=====Old Pic=====

4 comments:

Virginia - Civil Commitment

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State Civil Commitment Center:
Virginia Center for Behavioral Rehabilitation
4901 East Patrick Henry Hwy
Burkeville VA, 23922

(VCBR is on the grounds of Piedmont Geriatric Hospital)(See also HERE)

Phone Numbers:
Phone: (434)767-7800
Phone: (434)767-7802
Phone: (434)767-7814
Fax: (434)-767-5526

Commitment Laws:
37.2-900 through 37.2-921

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is applicable to civil commitment records -at least- in this state.

Overview: Civil Commitment of Sexually Violent Predators in Virginia

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South Carolina - Civil Commitment

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State Civil Commitment Center:
Broad River Correctional Institution
The Sexually Violent Predators Treatment Program was established by legislation to provide treatment for persons adjudicated as sexually violent predators and is located within the confines of facilities maintained by the South Carolina Department of Corrections.

Broad River Road Correctional Institution, Edisto Unit,
4460 Broad River Road, Columbia, SC 29210
Administrative Office: 7901 Farrow Road, Columbia, SC 29203
Phone: (803) 896-2986
Fax: (803) 896-2186
Administrative Phone: (803) 935.5751
Contact: Holly Scaturo, RN, MSN, Program Director

Some SVPs are also being held at Columbia Regional Care Center

Costs: 2010: $63,000 annually, per offender $173.00 Per day.

Total Offenders: 2010 = 119; 2007 = 91 (Article Below) 2005 = 65;

Commitment Laws:

Title 44 - Health: CHAPTER 48. SEXUALLY VIOLENT PREDATOR ACT (Current through 2014)



South Carolina Code of Laws
Unannotated
Current through the end of the 2012 Session

DISCLAIMER

The South Carolina Legislative Council is offering access to the unannotated South Carolina Code of Laws on the Internet as a service to the public. The unannotated South Carolina Code on the General Assembly's website is now current through the 2012 session. The unannotated South Carolina Code, consisting only of Code text, numbering, and history, may be copied from this website at the reader's expense and effort without need for permission.

The Legislative Council is unable to assist users of this service with legal questions. Also, legislative staff cannot respond to requests for legal advice or the application of the law to specific facts. Therefore, to understand and protect your legal rights, you should consult your own private lawyer regarding all legal questions.

While every effort was made to ensure the accuracy and completeness of the unannotated South Carolina Code available on the South Carolina General Assembly's website, the unannotated South Carolina Code is not official, and the state agencies preparing this website and the General Assembly are not responsible for any errors or omissions which may occur in these files. Only the current published volumes of the South Carolina Code of Laws Annotated and any pertinent acts and joint resolutions contain the official version.

Please note that the Legislative Council is not able to respond to individual inquiries regarding research or the features, format, or use of this website. However, you may notify Legislative Printing, Information and Technology Systems at LPITS@scstatehouse.gov regarding any apparent errors or omissions in content of Code sections on this website, in which case LPITS will relay the information to appropriate staff members of the South Carolina Legislative Council for investigation.


Title 44 - Health
CHAPTER 48.
SEXUALLY VIOLENT PREDATOR ACT

SECTION 44-48-10. Short title.

This chapter is known and may be cited as the "Sexually Violent Predator Act".

SECTION 44-48-20. Legislative findings.

The General Assembly finds that a mentally abnormal and extremely dangerous group of sexually violent predators exists who require involuntary civil commitment in a secure facility for long-term control, care, and treatment. The General Assembly further finds that the likelihood these sexually violent predators will engage in repeated acts of sexual violence if not treated for their mental conditions is significant. Because the existing civil commitment process is inadequate to address the special needs of sexually violent predators and the risks that they present to society, the General Assembly has determined that a separate, involuntary civil commitment process for the long-term control, care, and treatment of sexually violent predators is necessary. The General Assembly also determines that, because of the nature of the mental conditions from which sexually violent predators suffer and the dangers they present, it is necessary to house involuntarily-committed sexually violent predators in secure facilities separate from persons involuntarily committed under traditional civil commitment statutes. The civil commitment of sexually violent predators is not intended to stigmatize the mentally ill community.

SECTION 44-48-30. Definitions.

For purposes of this chapter:

(1) "Sexually violent predator" means a person who:
(a) has been convicted of a sexually violent offense; and
(b) suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment.

(2) "Sexually violent offense" means:
(a) criminal sexual conduct in the first degree, as provided in Section 16-3-652;
(b) criminal sexual conduct in the second degree, as provided in Section 16-3-653;
(c) criminal sexual conduct in the third degree, as provided in Section 16-3-654;
(d) criminal sexual conduct with minors in the first degree, as provided in Section 16-3-655(A);
(e) criminal sexual conduct with minors in the second degree, as provided in Section 16-3-655(B);
(f) criminal sexual conduct with minors in the third degree, as provided in Section 16-3-655(C);
(g) engaging a child for a sexual performance, as provided in Section 16-3-810;
(h) producing, directing, or promoting sexual performance by a child, as provided in Section 16-3-820;
(i) assault with intent to commit criminal sexual conduct, as provided in Section 16-3-656;
(j) incest, as provided in Section 16-15-20;
(k) buggery, as provided in Section 16-15-120;
(l) violations of Article 3, Chapter 15, Title 16 involving a minor when the violations are felonies;
(m) accessory before the fact to commit an offense enumerated in this item and as provided for in Section 16-1-40;
(n) attempt to commit an offense enumerated in this item as provided by Section 16-1-80;
(o) any offense for which the judge makes a specific finding on the record that based on the circumstances of the case, the person's offense should be considered a sexually violent offense; or
(p) criminal solicitation of a minor, as provided in Section 16-15-342, if the purpose or intent of the solicitation or attempted solicitation was to:
(i) persuade, induce, entice, or coerce the person solicited to engage or participate in sexual activity as defined in Section 16-15-375(5); or

(ii) perform a sexual activity in the presence of the person solicited.

(3) "Mental abnormality" means a mental condition affecting a person's emotional or volitional capacity that predisposes the person to commit sexually violent offenses.

(4) "Sexually motivated" means that one of the purposes for which the person committed the crime was for the purpose of the person's sexual gratification.

(5) "Agency with jurisdiction" means that agency which, upon lawful order or authority, releases a person serving a sentence or term of confinement and includes the South Carolina Department of Corrections, the South Carolina Department of Probation, Parole and Pardon Services, the Board of Probation, Parole and Pardon Services, the Department of Juvenile Justice, the Juvenile Parole Board, and the Department of Mental Health.

(6) "Convicted of a sexually violent offense" means a person has:
(a) pled guilty to, pled nolo contendere to, or been convicted of a sexually violent offense;
(b) been adjudicated delinquent as a result of the commission of a sexually violent offense;
(c) been charged but determined to be incompetent to stand trial for a sexually violent offense;
(d) been found not guilty by reason of insanity of a sexually violent offense; or
(e) been found guilty but mentally ill of a sexually violent offense.

(7) "Court" means the court of common pleas.

(8) "Total confinement" means incarceration in a secure state or local correctional facility and does not mean any type of community supervision.

(9) "Likely to engage in acts of sexual violence" means the person's propensity to commit acts of sexual violence is of such a degree as to pose a menace to the health and safety of others.

(10) "Person" means an individual who is a potential or actual subject of proceedings under this act and includes a child under seventeen years of age.

(11) "Victim" means an individual registered with the agency of jurisdiction as a victim or as an intervenor.

(12) "Intervenor" means an individual, other than a law enforcement officer performing his ordinary duties, who provides aid to another individual who is not acting recklessly, in order to prevent the commission of a crime or to lawfully apprehend an individual reasonably suspected of having committed a crime.

SECTION 44-48-40. Notification to team, victim and attorney general regarding release, hearing or parole; effective date of parole or release; immunity.

(A) If a person has been convicted of a sexually violent offense, the agency with jurisdiction must give written notice to the multidisciplinary team established in Section 44-48-50, the victim, and the Attorney General at least two hundred seventy days before:

(1) the person's anticipated release from total confinement, except that in the case of a person who is returned to prison for no more than two hundred seventy days as a result of a revocation of any type of community supervision program, written notice must be given as soon as practicable following the person's readmission to prison;

(2) the anticipated hearing on fitness to stand trial following notice under Section 44-23-460 of a person who has been charged with a sexually violent offense but who was found unfit to stand trial for the reasons set forth in Section 44-23-410 following a hearing held pursuant to Section 44-23-430;

(3) the anticipated hearing pursuant to Section 17-24-40(C) of a person who has been found not guilty by reason of insanity of a sexually violent offense; or

(4) release of a person who has been found guilty of a sexually violent offense but mentally ill pursuant to Section 17-24-20.

(B) If a person has been convicted of a sexually violent offense and the Board of Probation, Parole and Pardon Services or the Board of Juvenile Parole intends to grant the person a parole or the South Carolina Department of Corrections or the Board of Juvenile Parole intends to grant the person a conditional release, the parole or the conditional release must be granted to be effective one hundred eighty days after the date of the order of parole or conditional release. The Board of Probation, Parole and Pardon Services, the Board of Juvenile Parole, or the South Carolina Department of Corrections immediately must send notice of the parole or conditional release of the person to the multidisciplinary team, the victim, and the Attorney General. If the person is determined to be a sexually violent predator pursuant to this chapter, the person is subject to the provisions of this chapter even though the person has been released on parole or conditional release.

(C) The agency with jurisdiction must inform the multidisciplinary team, the victim, and the Attorney General of:

(1) the person's name, identifying factors, anticipated future residence, and offense history; and

(2) documentation of institutional adjustment and any treatment received.

(D) The agency with jurisdiction, its employees, officials, individuals contracting, appointed, or volunteering to perform services under this chapter, the multidisciplinary team, and the prosecutor's review committee established in Section 44-48-60 are immune from civil or criminal liability for any good-faith conduct under this act.

SECTION 44-48-50. Multidisciplinary team; appointments; review of records; membership.

The Director of the Department of Corrections must appoint a multidisciplinary team to review the records of each person referred to the team pursuant to Section 44-48-40. These records may include, but are not limited to, the person's criminal offense record, any relevant medical and psychological records, treatment records, victim's impact statement, and any disciplinary or other records formulated during confinement or supervision. The team, within thirty days of receiving notice as provided for in Section 44-48-40, must assess whether or not the person satisfies the definition of a sexually violent predator. If it is determined that the person satisfies the definition of a sexually violent predator, the multidisciplinary team must forward a report of the assessment to the prosecutor's review committee and notify the victim. The assessment must be accompanied by all records relevant to the assessment. Membership of the team must include:

(1) a representative from the Department of Corrections;

(2) a representative from the Department of Probation, Parole and Pardon Services;

(3) a representative from the Department of Mental Health who is a trained, qualified mental health clinician with expertise in treating sexually violent offenders;

(4) a retired judge appointed by the Chief Justice who is eligible for continued judicial service pursuant to Section 2-19-100; and

(5) an attorney with substantial experience in the practice of criminal defense law to be appointed by the Chief Justice to serve a term of one year.

The Director of the Department of Corrections or his designee appointed pursuant to item (1) shall be the chairman of the team.


SECTION 44-48-60. Prosecutor's review committee; scope of review; membership requirements.

The Attorney General must appoint a prosecutor's review committee to review the report and records of each person referred to the committee by the multidisciplinary team. The prosecutor's review committee must determine whether or not probable cause exists to believe the person is a sexually violent predator. The prosecutor's review committee must make the probable cause determination within thirty days of receiving the report and records from the multidisciplinary team. The prosecutor's review committee must include, but is not limited to, a member of the staff of the Attorney General, an elected circuit solicitor, and a victim's representative. The Attorney General or his designee shall be the chairman of the committee. In addition to the records and reports considered pursuant to Section 44-48-50, the committee must also consider information provided by the circuit solicitor who prosecuted the person.

HISTORY: 1998 Act No. 321, Section 1; 2004 Act No. 176, Section 1, eff February 18, 2004.

SECTION 44-48-70. Petition for probable cause determination.

When the prosecutor's review committee has determined that probable cause exists to support the allegation that the person is a sexually violent predator, the Attorney General must file a petition with the court in the jurisdiction where the person committed the offense and must notify the victim that the committee found that probable cause exists. The Attorney General must also notify the victim of the time, date, and location of the probable cause hearing before the court. The petition, which must be filed within thirty days of the probable cause determination by the prosecutor's review committee, must request that the court make a probable cause determination as to whether the person is a sexually violent predator. The petition must allege that the person is a sexually violent predator and must state sufficient facts that would support a probable cause allegation.

HISTORY: 1998 Act No. 321, Section 1; 2004 Act No. 176, Section 1, eff February 18, 2004.

SECTION 44-48-80. Determination of probable cause; taking person into custody; hearing; evaluation.

(A) Upon filing of a petition, the court must determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator. If the court determines that probable cause exists to believe that the person is a sexually violent predator, the person must be taken into custody if he is not already confined in a secure facility.

(B) Immediately upon being taken into custody pursuant to subsection (A), the person must be provided with notice of the opportunity to appear in person at a hearing to contest probable cause as to whether the detained person is a sexually violent predator. This hearing must be held within seventy-two hours after a person is taken into custody pursuant to subsection (A). At this hearing the court must:

(1) verify the detainee's identity;

(2) receive evidence and hear arguments from the person and the Attorney General; and

(3) determine whether probable cause exists to believe that the person is a sexually violent predator.

The State may rely upon the petition and supplement the petition with additional documentary evidence or live testimony.

(C) At the probable cause hearing as provided in subsection (B), the detained person has the following rights in addition to any rights previously specified:

(1) to be represented by counsel;

(2) to present evidence on the person's behalf;

(3) to cross-examine witnesses who testify against the person; and

(4) to view and copy all petitions and reports in the court file.

(D) If the probable cause determination is made, the court must direct that upon completion of the criminal sentence, the person must be transferred to a local or regional detention facility pending conclusion of the proceedings under this chapter. The court must further direct that the person be transported to an appropriate facility of the South Carolina Department of Mental Health for an evaluation as to whether the person is a sexually violent predator. The evaluation must be conducted by a qualified expert appointed by the court at the probable cause hearing. The expert must complete the evaluation within sixty days after the completion of the probable cause hearing. The court may grant one extension upon request of the expert and a showing of good cause. Any further extensions only may be granted for extraordinary circumstances.

HISTORY: 1998 Act No. 321, Section 1; 2004 Act No. 176, Section 1, eff February 18, 2004; 2010 Act No. 158, Section 2, eff May 12, 2010.

SECTION 44-48-90. Trial; trier of fact; continuation of trial; assistance of counsel; access of examiners to person; payment of expenses.

(A) The court must conduct a trial to determine whether the person is a sexually violent predator.

(B) Within thirty days after the determination of probable cause by the court pursuant to Section 44-48-80, the person or the Attorney General may request, in writing, that the trial be before a jury. If no request is made, the trial must be before a judge in the county where the offense was committed within ninety days of the date the court appointed expert issues the evaluation as to whether the person is a sexually violent predator, pursuant to Section 44-48-80(D), or, if there is no term of court, the next available date thereafter. If a request is made, the court must schedule a trial before a jury in the county where the offense was committed within ninety days of the date the court appointed expert issues the evaluation as to whether the person is a sexually violent predator, pursuant to Section 44-48-80(D), or, if there is no term of court, the next available date thereafter. The trial may be continued upon the request of either party and a showing of good cause, or by the court on its own motion in the due administration of justice, and only if the respondent will not be substantially prejudiced. The Attorney General must notify the victim, in a timely manner, of the time, date, and location of the trial. At all stages of the proceedings under this chapter, a person subject to this chapter is entitled to the assistance of counsel, and if the person is indigent, the court must appoint counsel to assist the person.

(C) Upon receipt of the evaluation issued by the court appointed expert as to whether the person is a sexually violent predator pursuant to Section 44-48-80(D), the person or the Attorney General may retain a qualified expert to perform a subsequent examination. All examiners are permitted to have reasonable access to the person for the purpose of the examination, as well as access to all relevant medical, psychological, criminal offense, and disciplinary records and reports. In the case of an indigent person who would like an expert of his own choosing, the court must determine whether the services are necessary. If the court determines that the services are necessary and the expert's requested compensation for the services is reasonable, the court must assist the person in obtaining the expert to perform an examination or participate in the trial on the person's behalf. The court must approve payment for the services upon the filing of a certified claim for compensation supported by a written statement specifying the time expended, services rendered, expenses incurred on behalf of the person, and compensation received in the case or for the same services from any other source.

HISTORY: 1998 Act No. 321, Section 1; 2004 Act No. 176, Section 1, eff February 18, 2004; 2010 Act No. 158, Section 3, eff May 12, 2010.

SECTION 44-48-100. Standard for determining predator status; control, care and treatment of person; release; mistrial procedures; persons incompetent to stand trial.

(A) The court or jury must determine whether, beyond a reasonable doubt, the person is a sexually violent predator. If a jury determines that the person is a sexually violent predator, the determination must be by unanimous verdict. If the court or jury determines that the person is a sexually violent predator, the person must be committed to the custody of the Department of Mental Health for control, care, and treatment until such time as the person's mental abnormality or personality disorder has so changed that the person is safe to be at large and has been released pursuant to this chapter. The control, care, and treatment must be provided at a facility operated by the Department of Mental Health. At all times, a person committed for control, care, and treatment by the Department of Mental Health pursuant to this chapter must be kept in a secure facility, and the person must be segregated at all times from other patients under the supervision of the Department of Mental Health. The Department of Mental Health may enter into an interagency agreement with the Department of Corrections for the control, care, and treatment of these persons. A person who is in the confinement of the Department of Corrections pursuant to an interagency agreement authorized by this chapter must be kept in a secure facility and must, if practical and to the degree possible, be housed and managed separately from offenders in the custody of the Department of Corrections. If the court or jury is not satisfied beyond a reasonable doubt that the person is a sexually violent predator, the court must direct the person's release. Upon a mistrial, the court must direct that the person be held at a local or regional detention facility until another trial is conducted. A subsequent trial following a mistrial must be held within ninety days of the previous trial, unless the subsequent trial is continued. The court or jury's determination that a person is a sexually violent predator may be appealed. The person must be committed to the custody of the Department of Mental Health pending his appeal.

(B) If the person charged with a sexually violent offense has been found incompetent to stand trial and is about to be released and the person's commitment is sought pursuant to subsection (A), the court first shall hear evidence and determine whether the person committed the act or acts with which he is charged. The hearing on this issue must comply with all the procedures specified in this section. In addition, the rules of evidence applicable in criminal cases apply, and all constitutional rights available to defendants at criminal trials, other than the right not to be tried while incompetent, apply. After hearing evidence on this issue, the court must make specific findings on whether the person committed the act or acts with which he is charged; the extent to which the person's incompetence or developmental disability affected the outcome of the hearing, including its effect on the person's ability to consult with and assist counsel and to testify on the person's own behalf; the extent to which the evidence could be reconstructed without the assistance of the person; and the strength of the prosecution's case. If, after the conclusion of the hearing on this issue, the court finds beyond a reasonable doubt that the person committed the act or acts with which he is charged, the court must enter a final order, appealable by the person, on that issue, and may proceed to consider whether the person should be committed pursuant to this chapter.

HISTORY: 1998 Act No. 321, Section 1; 2004 Act No. 176, Section 1, eff February 18, 2004; 2010 Act No. 158, Section 4, eff May 12, 2010.

SECTION 44-48-110. Periodic mental examination of committed persons; report; petition for release; hearing; trial to consider release.

A person committed pursuant to this chapter must have an examination of his mental condition performed once every year. The person may retain or, if the person is indigent and so requests, the court may appoint a qualified expert to examine the person, and the expert must have access to all medical, psychological, criminal offense, and disciplinary records and reports concerning the person. The annual report must be provided to the court which committed the person pursuant to this chapter, the Attorney General, the solicitor who prosecuted the person, and the multidisciplinary team. The court must conduct an annual hearing to review the status of the committed person. The committed person is not prohibited from petitioning the court for release at this hearing. The Director of the Department of Mental Health must provide the committed person with an annual written notice of the person's right to petition the court for release over the director's objection; the notice must contain a waiver of rights. The director must forward the notice and waiver form to the court with the annual report. The committed person has a right to have an attorney represent him at the hearing, but the committed person is not entitled to be present at the hearing. If the court determines that probable cause exists to believe that the person's mental abnormality or personality disorder has so changed that the person is safe to be at large and, if released, is not likely to commit acts of sexual violence, the court must schedule a trial on the issue. At the trial, the committed person is entitled to be present and is entitled to the benefit of all constitutional protections that were afforded the person at the initial commitment proceeding. The Attorney General must notify the victim of all proceedings. The Attorney General must represent the State and has the right to have the committed person evaluated by qualified experts chosen by the State. The trial must be before a jury if requested by either the person, the Attorney General, or the solicitor. The committed person also has the right to have qualified experts evaluate the person on the person's behalf, and the court must appoint an expert if the person is indigent and requests the appointment. The burden of proof at the trial is upon the State to prove beyond a reasonable doubt that the committed person's mental abnormality or personality disorder remains such that the person is not safe to be at large and, if released, is likely to engage in acts of sexual violence.

HISTORY: 1998 Act No. 321, Section 1; 2004 Act No. 176, Section 1, eff February 18, 2004.

SECTION 44-48-120. Petition for release; hearing ordered by court; examination by qualified expert; burden of proof.

(A) If the Director of the Department of Mental Health determines that the person's mental abnormality or personality disorder has so changed that the person is safe to be at large and, if released, is not likely to commit acts of sexual violence, the director must certify such determination in writing with the specific basis thereof, authorize the person to petition the court for release, and notify the Attorney General of the certification and authorization. The petition must be served upon the court and the Attorney General. The Attorney General must notify the victim of the proceeding.

(B) The court, upon receipt of the petition for release, must order a hearing within thirty days unless the Attorney General requests an examination by a qualified expert as to whether the petitioner's mental abnormality or personality disorder has so changed that the petitioner is safe to be at large and, if released, is not likely to commit acts of sexual violence, or the petitioner or the Attorney General requests a trial before a jury. The Attorney General must represent the State and has the right to have the petitioner examined by qualified experts chosen by the State. If the Attorney General retains a qualified expert who concludes that the petitioner's mental abnormality or personality disorder remains such that the petitioner is not safe to be at large and, if released, is likely to commit acts of sexual violence, the petitioner may retain a qualified expert of his own choosing to perform a subsequent examination. In the case of an indigent petitioner who would like an expert of his own choosing, the court must determine whether the services are necessary. If the court determines that the services are necessary and the expert's requested compensation for the services is reasonable, the court must assist the petitioner in obtaining the expert to perform an examination or participate in the hearing or trial on the petitioner's behalf. The court must approve payment for the services upon the filing of a certified claim for compensation supported by a written statement specifying the time expended, services rendered, expenses incurred on behalf of the petitioner, and compensation received in the case or for the same services from any other source. The burden of proof is upon the Attorney General to show beyond a reasonable doubt that the petitioner's mental abnormality or personality disorder remains such that the petitioner is not safe to be at large and, that if released, is likely to commit acts of sexual violence.

HISTORY: 1998 Act No. 321, Section 1; 2004 Act No. 176, Section 1, eff February 18, 2004; 2010 Act No. 158, Section 5, eff May 12, 2010.

SECTION 44-48-130. Grounds for denial of petition for release.

Nothing in this chapter prohibits a person from filing a petition for release pursuant to this chapter. However, if a person has previously filed a petition for release without the approval of the Director of the Department of Mental Health, and the court determined either upon review of the petition or following a hearing that the petitioner's petition was frivolous or that the petitioner's condition had not changed so that the petitioner continued to be a threat and, if released, would commit acts of sexual violence, the court must deny the subsequent petition unless the petition contains facts upon which a court could find the condition of the petitioner had so changed that a hearing was warranted. Upon receipt of a first or subsequent petition from a committed person without the director's approval, the court must, whenever possible, review the petition and determine if the petition is based upon frivolous grounds and, if so, must deny the petition without a hearing.

HISTORY: 1998 Act No. 321, Section 1; 2004 Act No. 176, Section 1, eff February 18, 2004.

SECTION 44-48-140. Restricted release of confidential information and records to agencies and Attorney General.

In order to protect the public, relevant information and records which otherwise are confidential or privileged must be released to the agency with jurisdiction and the Attorney General for the purpose of meeting the notice requirements of Section 44-48-40 and determining whether a person is or continues to be a sexually violent predator.

HISTORY: 1998 Act No. 321, Section 1; 2004 Act No. 176, Section 1, eff February 18, 2004.

SECTION 44-48-150. Evidentiary records; court order to open sealed records.

Psychological reports, drug and alcohol reports, treatment records, reports of the diagnostic center, medical records, or victim impact statements which have been submitted to the court or admitted into evidence under this chapter must be part of the record, but must be sealed and opened only on order of the court.

HISTORY: 1998 Act No. 321, Section 1; 2004 Act No. 176, Section 1, eff February 18, 2004.

SECTION 44-48-160. Registration of persons released from commitment.

A person released from commitment pursuant to this chapter must register pursuant to and comply with the requirements of Article 7, Chapter 3 of Title 23.

HISTORY: 1998 Act No. 321, Section 1; 2004 Act No. 176, Section 1, eff February 18, 2004.

SECTION 44-48-170. Involuntary detention or commitment; constitutional requirements.

The involuntary detention or commitment of a person pursuant to this chapter must conform to constitutional requirements for care and treatment.

HISTORY: 1998 Act No. 321, Section 1; 2004 Act No. 176, Section 1, eff February 18, 2004.




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Pennsylvania - Civil Commitment

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State Civil Commitment Center:
Torrance State Hospital (Southwest Secure Treatment Unit) Sexual Responsibility & Treatment Program (SRTP)
121 Longview Drive
Torrance, PA 15779
(724) 459-4511

 Commitment Laws:
Chapter 64.
Court-ordered Involuntary Treatment of
Certain Sexually Violent Persons
§ 6401.  Scope of chapter.
§ 6402.  Definitions.
§ 6403.  Court-ordered involuntary treatment.
§ 6404.  Duration of inpatient commitment and review.
§ 6404.1. Transfer to involuntary outpatient treatment.
§ 6404.2. Duration of outpatient commitment and review.
§ 6405.  Right to counsel.
§ 6406.  Duty of Department of Public Welfare.
§ 6407.  Regulations.
§ 6408.  Jurisdiction.
§ 6409.  Immunity for good faith conduct.

 Sexual Responsibility and Treatment Program (SRTP)

On August 14, 2003, Act 21 was enacted into law. The Act mandates that Pennsylvania’s Department of Public Welfare provide mental health and sex-offense specific treatment for an identified population that had been adjudicated of certain sex-related crimes.

While these individuals remain in juvenile treatment programs, they may still pose a significant risk to sexually re-offend after reaching the age of 21, an age when the oversight of the juvenile justice system ends. Act 21 mandates that a person who is committed to an adolescent treatment facility for sex crimes who may still be at risk to re-offend and is about to reach the age of 20, be identified ninety days prior to their birth date. Upon identification, Pennsylvania’s Sexual Offenders Assessment Board (SOAB) is required to conduct an evaluation to determine if a person has "serious difficulty in controlling sexually violent behavior". The SOAB will also determine if the person meets the criteria for "dangerousness" as defined by Act 21. If so, a petition for a mental health hearing is performed affording the individual due process. If it is determined by the court that a civil commitment is warranted, the now 20- year old will be committed to the Sexual Responsibility and Treatment Program (SRTP). A yearly commitment review occurs for each resident at which time a decision is made to continue treatment or begin community re-integration.

The SRTP provides a safe and secure treatment environment that employs cognitive-behavioral and sex-offense specific interventions. In conjunction with other concurrent mental health therapies, treatment is individualized and designed to assist in the development of the necessary skills and coping strategies needed to manage and control deviant thinking and behavior while minimizing their risk of recidivism. The SRTP also remains current on emerging literature, research, and evidenced based practices and, as a result, modifies its approach for treating sex offending and concurrent mental health issues.
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New Jersey - Civil Commitment

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State Civil Commitment Center:
Special Treatment Unit Annex
PO BOX 905
Avenel, NJ. 07001

 Hudson County Jail
35 Hackensack Ave
Kearny, NJ

 Note: Apparently sex offenders civilly committed are kept at two different facilities. One is a temporary facility (Kearny)(162 offenders) and the remaining at at the Special Treament Unit Annex (250 offenders). The temporary unit is supposed to be closed by 2009 court order and those offenders moved. Source: HERE and HERE and HERE

 State Prison for Sex Offenders: (Not those civilly committed)
Adult Diagnostic and Treatment Center
P.O. Box 190
Avenel, New Jersey 07001

 Commitment Laws:
New Jersey 30:4-27.24 through 30:4-27.37
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New York - Civil Commitment

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State Civil Commitment Center:
Central New York Psychiatric Center (150 beds)
Maureen Bosco, Executive Director
P.O. Box 300
Marcy, NY 13403-0300
Telephone: (315) 765-3600 Fax: (315) 765-3629

St. Lawrence Psychiatric Center (80 beds)
Tim Farrell, Executive Director
1 Chimney Point Drive
Ogdensburg, NY 13669-2291
Telephone: (315) 541-2001 Fax: (315) 541-2041

Manhattan Psychiatric Center (20 beds Temporary)
Vincent Miccoli, Executive Director
Wards Island
New York, NY 10035-6098
Telephone:(646) 672-6000 Fax: (646) 672-6446


Commitment Laws:
Mental Hygiene Law art 10.01-10.17 and see also HERE

Sex Offender Management & Treatment Act:
Contains an excellent description of how NY's program works: First Year and an excellent PDF flowchart of the process and an excellent FAQ page.

Fact Sheet: SOMTA/Civil Management and Frequently Asked Questions

Alphabetic Index of Directives, by Subject, Forms, Manual References, Acronyms, and Definitions: HERE


New York Court System:


New York's Statutory Scheme
_______ is currently confined in the Central New York Psychiatric Center ("CNYPC")1 pursuant to the New York Sex Offender Management and Treatment Act ("SOMTA"), as codified within Article 10 of the New York Mental Hygiene Law ("MHL").

SOMTA, enacted in 2007, "creat[ed] a new regime authorizing `civil management' of certain sex offenders after completion of their prison terms, parole terms, or other period of state custody." Mental Hygiene Legal Servs. v. Cuomo, 785 F.Supp.2d 205, 210 (S.D.N.Y. 2011). Under SOMTA, when a person who may be a detained sex offender2 is nearing an anticipated release from confinement, a case review team3 evaluates the individual and makes a preliminary determination whether he or she is a "sex offender requiring civil management," MHL § 10.05(e). A "sex offender requiring civil management" is a detained sex offender who "suffers from a mental abnormality." There are two types: "a dangerous sex offender requiring confinement" and "a sex offender requiring strict and intensive supervision."4 MHL § 10.03(q).

If the case review team determines that a detained sex offender requires civil management, the Attorney General may file a "sex offender civil management petition" in New York State Court. MHL § 10.06(a). Within thirty days of the date of the petition, the court "shall conduct a hearing without a jury to determine whether there is probable cause to believe that the [individual] is a sex offender requiring civil management." MHL § 10.06(g). If the individual is not in custody when the civil management petition is filed or becomes eligible for release prior to the probable cause hearing, "the court shall order [his or her] return to confinement" or stay the individual's release pending the completion of the hearing. MHL § 10.06(h). The hearing must then take place within seventy-two hours of the individual's anticipated release date or return to confinement. Id. ... ... Source: ALLEN v. BOSCO

State Cases:

2010-06-15: The People &c. ex rel. Joseph -v- Superintendent of Southport Correctional Facility, et al., -AND- In the Matter of State of New York -v- Humberto G. (Anonymous) (Court of Appeals) (Civil Commit - Illegally Detained)
( Article 10 of the Mental Hygiene Law, enacted in 2007, provides that certain imprisoned sex offenders may be transferred to mental hospitals, rather than being released, when their prison terms expire. The statute raises important questions concerning the procedural and substantive rights of the prisoners to whom it applies, but those questions are not before us in this case. We have here the narrower issue of whether the statute applies to a particular class of prisoners: those who were incarcerated for violating the conditions of a term of post release supervision (PRS) that was improperly added to their sentences by the Department of Correctional Services (DOCS) without court authorization. We hold that these prisoners are within the coverage of the statute, which we read as applying to offenders actually imprisoned, even if the procedure that led to their imprisonment was flawed. ........

Accordingly, in People ex rel. Joseph II v Superintendent of Southport Correctional Facility, et al., the order of the Appellate Division should be reversed, without costs, and the petition dismissed. In Matter of State of New York v Humberto G., the order of the Appellate Division should be reversed, without costs, and Humberto G.'s motion to dismiss the article 10 proceeding denied. )

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North Dakota - Civil Commitment

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State Civil Commitment Center:
The North Dakota State Hospital’s "Secure Services Unit"
2605 Circle Drive
Jamestown, ND 58401-6905

Statstics:
Released 1997-2009 = 12; Total Patients in 2009 = 65
Costs 2005 ($64,992 year / $178.06 day)
2010 October, 59 Patients

Commitment Laws:
Chapter 25-03.3Commitment of Sexually Dangerous Individuals

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New Hampshire - Civil Commitment

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State Civil Commitment Center:
Secure Psychiatric Unit / Residential Treatment Unit,
Deborah Robinson, Administrator,
281 N State St, Concord, NH 03301
(603) 271-7924

(30 bed - SPU in Concord)

Commitment Laws:
CHAPTER 135-E: INVOLUNTARY CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS


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Missouri - Civil Commitment

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State Civil Commitment Center:
Southeast Missouri Mental Health Center (SMMHC). (SORTS History)
1010 West Columbia Street
Farmington, MO 63640
Phone: (573) 218-6792
Additional Information:
The sex offender program formerly known as the Missouri Sexual Offender Treatment Center (MSOTC) is now a service provided by the Southeast Missouri Mental Health Center (SMMHC). It is now called the Sex Offender Rehabilitation and Treatment Services (SORTS). Sex Offender Rehabilitation and Treatment Services is a civil involuntary program for the treatment of sexually violent predators.

The Process to Commitment.

 Commitment Laws: Chapter 632.
  • 632.480 Definitions
  • 632.483 Notice to attorney general, when--contents of notice--immunity from liability, when--multidisciplinary team established--prosecutors' review committee established.
  • 632.484 Detention and evaluation of persons alleged to be sexually violent predators--duties of attorney general and department of mental health.
  • 632.489 Probable cause determined--sexually violent predator taken into custody, when--hearing, procedure--examination by department of mental health.
  • 632.492 Trial--procedure--assistance of counsel, right to jury, when.
  • 632.495 Unanimous verdict required--offender committed to custody of department of mental health, when--contracting with county jails, when--release, when--mistrial procedures.
  • 632.498 Annual examination of mental condition, not required, when--annual review by the court--petition for release, hearing, procedures (when director disapproves).
  • 632.501 Petition for release--hearing (when director approves).
  • 632.504 Subsequent petitions for release--approval or denial procedures.
  • 632.505 Conditional release--interagency agreements for supervision, plan--court review of plan, order, conditions--copy of order--continuing control and care--modifications--violations--agreements with private entities--fee, rulemaking authority--escape.
  • 632.507 Attorney general to inform victims--notification of proceedings.
  • 632.510 Release of information, when.
  • 632.513 Sealed records of proceedings--access permitted, when.

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Nebraska - Civil Commitment

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State Civil Commitment Center:
Norfolk Regional Center (Phase-I)
P.O. Box 1209
Norfolk, NE 68702-1209

Lincoln Regional Center (Phase-II and III)

Sex Offender Commitment Act (SOCA)
71-1201 through 71-1226


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Massachusetts - Civil Commitment

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State Civil Commitment Center:
Massachusetts Treatment Center
(AKA: Bridgewater Treatment Center) (History must read)
Robert F. Murphy, Jr., Superintendent
30 Administration Road
Bridgewater, MA 02324
Phone: (508) 279-8100

The Massachusetts Treatment Center is located within the Bridgewater Correctional Complex and is a unique facility due to having a population of civilly committed Sexually Dangerous Persons as well as state prison inmates identified as sex offenders. Each population is located within separate areas of the facility.

A good overview of this facility & its programs:

Commitment Laws:
General Law Chapter 123A.


State Policy 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 the state's civil commitment center/s.

So far we have located this Policy:
Internal DOC Policy: Handling of Sex Offenders
(103 DOC 446) Before Civil Commitment

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

Thanks, eAdvocate

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Minnesota - Civil Commitment

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Moose Lake

State Civil Commitment Center:
Minnesota Sex Offender Treatment Program at Moose Lake and St Peter (No pic, see map Pexton & Shantz Halls [lower left])
1000 Lakeshore Drive,
Moose Lake, Minnesota 55767
651-431-5800
msop@state.mn.us

MSOP 2012 Excellent PDF

Civil Commitment Laws:
Chapter 253B. Civil Commitment


Miscellaneous:

Minnesota Sex Offender Program Overview
Types of Civil Commitment & Process:
Fact Sheets
FAQ
St Peter & Community Notification:
“There is a provision in the sex offender statute that says you cannot provide community notification [if the offender lives in a residential facility like the state hospital],” St. Peter Police Chief Matthew Peters said. “The idea is that it would be detrimental to their continued therapy.” Source


costs 2010: $328 a day
Costs 2008: $325 a day


Sex Offender Civil Commitment Advisory Task Force
Purpose
The Sex Offender Civil Commitment Advisory Task Force was created to examine and provide Human Services Commissioner Lucinda Jesson with recommendations on the processes relating to the civil commitment of sex offenders in Minnesota. The task force’s work will concentrate on three topics: the civil commitment and referral process for sex offenders; sex offender civil commitment options that are less restrictive than placement in a secure treatment facility; and, the standards and processes for the reduction in custody for civilly committed sex offenders.
There is much more in this link, including periodic updates. And now the 2013 Task Force Recommendations. Also there are a significant number of other reports HERE.


State Policy 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.

Minnesota Dep't of Corrections Policies, Directives and Instructions Manual: Within these are a few that related to the state's civil commitment program. (Do page search for "civil" and you'll find two, others may be tucked into others listed but not titled civil commitment).

Also here are the regular MSOP Policies for civil commitment.

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

Thanks, eAdvocate

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Iowa - Civil Commitment

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State Civil Commitment Center:
The Civil Commitment Unit for Sexual Offenders
(On the campus of: Cherokee Mental Health Institute)
Jason Smith, Psy.D, Administrator
Civil Commitment Unit for Sexual Offenders
1251 West Cedar Loop
Cherokee, Iowa 51012
(712) 225-6943

2012 IDHS Overview ... 2014 IDHS Overview

Several pictures of the facility

Commitment Laws:


Iowa Dep't of Human Services

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