Reports and Research - General

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   Fact Sheet:   
   General Civil Commitment Issues   

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Topic Research in Other Blogs and Sites:
SOL Research.org by Marshall Burns
See Topic: Civil Commitment

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Main CC Court Cases:
U.S. v. COMSTOCK 560 U.S. 126 (2010)
KANSAS v. CRANE 534 U.S. 407 (2002)
KANSAS v. HENDRICKS 521 U.S. 346 (1997)

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Research Articles:

Circles of Support and Accountability: What is it?
COSA began in Canada and there are several branches in the U.S. and a couple in CC States. Review this Brochure.

2015: Federal Involvement in Sex Offender Registration and Notification: Overview and Issues for Congress, In Brief by Congressional Research Service

Current: Statistical Research Sex Offender Civil Commitment Programs Network by SOCCPN who produces an annual statistical report on civil commitment nationally

2015: Podcast Interview w/Dr Berlin Pedophilia: Myths, Realities and Treatments by Dick Goldberg

2014: Recidivism of Prisoners Released in 30 States in 2005: Patterns from 2005 to 2010 by BOJ Matthew R. Durose, Alexia D. Cooper, Ph.D., and Howard N. Snyder, Ph.D., BJS

2014: OpEd New evidence of psychopathy test's poor accuracy in court by Karen Franklin

2014: OpEd Pedophilia: A Disorder, Not a Crime by Margo Kaplan who is an assistant professor at Rutgers School of Law

2013: Most civilly detained sex offenders would not reoffend, study finds by Karen Franklin, In the News

2013: Paper Predicting Sexual Crime: Are the Experts Biased? by Wray Herbert

2013: OpEd Study: Impartial experts aren’t so impartial by Agusta Free Press

2012: OpEd Meet pedophiles who mean well by Tracy Clark-Flory is a staff writer at Salon

2012: Civil Commitment of Sex Offenders by The National District Attorneys Association

This compilation includes statutory schemes that allow for the civil commitment of a subsection of sex offenders, most commonly referred to as sexually violent predators. As this is a relatively new area of law, we recommend checking case law and current legislation for any possible modifications.

2012: States Report Reductions in Recidivism by The Council of State Governments

2011: Inevitable Recidivism: The Origin and Centrality of an Urban Legend by Tamara Rice

Abstract:
This paper examines the pervasive conviction that sex offenders – particularly child molesters – will continue to re-offend. This belief in inevitable recidivism turns out to be absolutely essential to both the justification for, and the structure of, the sexually violent predator laws. When actual evidence of sex offender recidivism is examined, however, a huge gap exists between what is assumed and what the data actually show because most sex offenders do not in fact re-offend. Thus there is a galaxy of sexually violent predator laws and an entire branch of Supreme Court jurisprudence that is founded upon a demonstrable urban legend.

2010: Paper Sex Offender Civil Commitment: The Treatment Paradox by Jeslyn A. Millert

2009: Purgatory Cannot Be Worse than Hell": The First Amendment Rights of Civilly Committed Sex Offenders by Tanya Kessler

2007: Civil Commitment of Sexually Dangerous Persons by Congressional Research Service (excellent paper)

2007: NY Times 3 Part Series
Part-1: Doubts Rise as States Hold Sex Offenders After Prison pp 1-6
Part-2: A Record of Failure at Center for Sex Offenders pp 1-4
Part-3: For Sex Offenders, a Dispute Over Therapy’s Benefits pp Long 1pg

2003: DOJ Recidivism of Prisoners Released in 1994 By Patrick A. Langan, Ph.D. and David J. Levin, Ph.D., BJS Statisticians

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Lawsuits:
There are articles covering lawsuit/s which you can read about. This section appears only in the individual state FS-Sheets.

Lawsuit Filing Fees:
Here is how courts determine the filing fee amount for CC folks in _____. This section appears only in the individual state FS-Sheets.

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Listed on state registry:
We are trying to find out, any help is appreciated..

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Legislative:
Articles where Lawmakers and others -have or are discussing- (SS-Law-c) state problems and/or proposed laws.

How to Change these Laws:
Do you want to get involved in changing civil commitment laws in this state? Click HERE then chose your state to see what the bills Lawmakers are proposing. Then write to lawmakers and voice your opinions, hopefully it will make a difference.

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_____ Freedom of Information Requests: This can be helpful to folks in CC, so we have tried to find how to do this for each state with CC.

When we could not find a state website w/FOIA (or its equivalent) we used this general FOIA site and for the specific laws this site.

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Auditing:
Office of the Inspector General:

Office of the Inspector General:Dep't of Justice:

Audit cites ‘concerns’ over sex offenders and federal Witness Security program (Full Audit)

Federal Civil Commitment Program:
(There is no known Facility per se, they use NC BOP Butner facility):
--Year of Audit--

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Deaths, Suicides and Vigilantism: Links to various articles, some may be old, which mention deaths or suicides in the facility, or vigilantism in the community.
Deaths=0
Suicides=0
Vigilantism=0

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The Outcast at the Gate

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3-9-15 California:

After a child molester has been set free, where does he go—and how can society ensure that he never strikes again? One program's answer flies against our every instinct: Welcome him back.

The Coalinga State Hospital is a 1,500-bed facility that sits on an arid plain near the geographic center of California, far from any major cities. Its isolation is telling. Set behind imposing fences that bear a likeness to those of Pleasant Valley State Prison, just next door, Coalinga, which opened in 2005 at a cost of nearly $400 million, is where the state houses its most dangerous male sexual offenders after they have served time in prison.

Reports and Research - California

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...Fact Sheet: California Civil Commitment...

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Research:

CC Enacted in 1995 in California

California's recidivism studies

2012: Sex Offender Treatment Program Certification Requirements Manual by California Sex Offender Management Board (HIPAA Mentioned)

2010: Sex Offender Civil Commitment: The Treatment Paradox by Jeslyn A. Miller

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Lawsuits:
You can read about lawsuits in these articles.

Lawsuit Filing Fees:
Here is how courts determine the filing fee amount for CC folks in California.

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Listed on state registry:
We are trying to find out, any help is appreciated..

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Legislative:
Articles where Lawmakers and others have or are discussing problems and proposed laws.


How to Change these Laws:
Do you want to get involved in changing civil commitment laws in this state? Click HERE then chose your state to see what the bills Lawmakers are proposing. Then write to lawmakers and voice your opinions, hopefully it will make a difference.

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California Freedom of Information Requests:
California FOIA requests seem to be limited:
First read this PRIMER
Then here is the Request Form

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Auditing:
Source California State Auditor's Office:

2015: Fact Sheet .. Highlights .. Summary .. Full Report
2008: Fact Sheet .. Highlights .. Summary .. Full Report

There are articles discussing Audit issues which you can read.

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Deaths, Suicides and Vigilantism: Links to various articles, some may be old, which mention deaths or suicides in the facility, or vigilantism in the community. See links LEFT lower side of blog.

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Miscellaneous Local Websites:
Coalinga State Hospital Website
Circles of Support and Accountability
Excellent Blog w/links for Calif. Court cases, etc.:
Calif. Supreme Court Criminal Law Blog

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Reports and Research - Minnesota

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...Fact Sheet: Minnesota Civil Commitment...

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Newsletter from within MSOP:
"Committed to being heard"

Research:

Minnesota Recidivism

2015: Minnesota Sex Offender Program Annual Performance Report 2015

2015: Reply to Minnesota Sex Offender Program Annual Performance Report 2015

2014: To what extent does civil commitment reduce sexual recidivism? Estimating the selective incapacitation effects in Minnesota by Grant Duwe

Abstract
Purpose
This study examines the selective incapacitation effects of civil commitment on sexual reoffending among 105 Minnesota sex offenders who were civilly committed between 2004 and 2006.

Methods
The Minnesota Sex Offender Screening Tool-3, a sexual recidivism risk assessment instrument, was used to estimate what the four-year sexual recidivism rate would have been for these offenders had they been released to the community. Integration of Survival with Quality of Life (iSQoL) software was used to extrapolate the survival curves over a 50-year period to develop a lifetime sexual recidivism estimate.

Results
If the 105 civilly committed sex offenders had been released to the community, an estimated nine percent would have been reconvicted of a new sex offense within four years. Civilly committing these offenders therefore likely reduced the overall four-year sexual recidivism rate by 12 percent. The results further suggest that if these offenders had been released to the community, an estimated 28 percent would be rearrested for another sex offense within their lifetime.

Conclusions
To better align the costs of civil commitment with its public safety benefits, states operating these programs should emphasize the use of intermediate alternatives in the community for a more positive return on investment.

2013: Most civilly detained sex offenders would not reoffend, study finds by Karen Franklin

2012: The Indefinite Civil Commitment of Dangerous Sex Offenders Is an Appropriate Legal Compromise between Mad and Bad - A Study of Minnesota's Sexual Psychopathic Personality Statute by Katherine P. Blakey

2003: The Treatment of the Civilly Committed Sex Offender in Minnesota: A Review of the Past Ten Years by Anita Schlank, Rick Harry

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Lawsuit:
Minnesota has a ongoing lawsuit, folks can read news reports about it here, well over 50 so far. A team of court-appointed authorities on sexual behavior, including experts from Florida, New York and Wisconsin, conducted what is considered the most comprehensive review yet into the inner workings of the Minnesota Sex Offender Program (MSOP). Their 108 page report can be read HERE.

Lawsuit Filing Fees:
Here is how courts determine the filing fee amount for CC folks in Minnesota.


Court Filings: KARSJENS v. PIPER Civil No. 15-3485 (DWF/JJK)

Court Filings: KARSJENS v. JESSON Civil No. 11-3659 (DWF/JJK)

• 2015-4-24 "This matter is before the Court on Plaintiffs' Motion to Dismiss Counts IV, XI, XII, and XIII of the Third Amended Complaint Without Prejudice. (Doc. No. 925.) For the reasons set forth below, the Court defers ruling on Plaintiffs' motion." ... ..."
• 2-5-15 (Pretrial hearing on February 3, 2015)
• 2-2-15 (Defendants' Partial Motion to Dismiss the Third Amended Complaint )
• 1-13-15 (Defendants' objections (Doc. No. 730))
• 12-1-14 (Defendants' objections (Doc. No. 650))
• 9-9-14 (Defendants' request for a jury trial (Doc. No. 589) and Plaintiffs' request for a bench trial (Doc. No. 590))
• 8-11-14 (MEMORANDUM OPINION AND ORDER)
• 7-10-14 (ORDER DEFINING THE PURPOSE AND SCOPE OF THE JULY 14 & 15, 2014 EVIDENTIARY HEARING)
• 7-7-14 (ORDER DEFINING THE PURPOSE AND SCOPE OF THE JULY 14 & 15, 2014 EVIDENTIARY HEARING)
• 6-2-14 (Report by the Court-appointed experts dated May 18, 2014)
• 2-20-14 # (Plaintiffs' Motion for Declaratory Judgment)
• 2-20-14 # (Plaintiffs' Motion for Declaratory Judgment),
• 12-5-12 (Motion to Intervene or to Consolidate)
• 7-26-12 (ORDER TRO)
• 7-24-12 (ORDER CERTIFYING CLASS PURSUANT TO FEDERAL RULE 23(b)(2))

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Listed on state registry:
We are trying to find out, any help is appreciated..

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Legislative: Articles where Lawmakers and others have or are discussing problems and proposed laws.

How to Change these Laws: Do you want to get involved in changing civil commitment laws in this state? Click HERE then chose your state to see what the bills Lawmakers are proposing. Then write to lawmakers and voice your opinions, hopefully it will make a difference.

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Minnesota Freedom of Information Requests:

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Auditing: Office of the state Auditor

Past Audits of MSOP Civil Commitment:
February 2015 (NEW)
January 2013
March 2011
January 2010

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Deaths, Suicides and Vigilantism: Links to various articles, some may be old, which mention deaths or suicides in the facility, or vigilantism in the community. See links LEFT lower side of blog.

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Miscellaneous Local Websites:
MSOP FAQ page:

Circles of Support and Accountability
See paper: An Outcome Evaluation of Minnesota Circles of Support and Accountability (MnCoSA)

There is another blog -maintained by OnceFallen, which is keeping track of papers of one Chris Krych who is in MSOP.

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Older Articles not in this blog:

2012-03-12: Judge dismisses two cases because of excessive delays

2012-02-13: House Majority Leader questions pending release of convicted sex offender Clarence Opheim

2010-04-20: Studying Minnesota's sex offender program (w/stats)

2010-03-04: Legal scholar warns about Minnesota Sex Offender Program’s failures (TREATMENT)

2010-02-24: Our View: Moose Lake situation poses many questions

2010-02-21: Are sex offenders patients or prisoners in civil commitment?

2010-02-16: Sex-offender treatment facility could soon release some offenders (COSTS)

2010-02-16: House lawmakers show support for $1B-plus bill, with key funding for sex offender treatment center

2010-02-09: Pawlenty seeks longer sentences for sex offenders

2008-06-09: Locked in Limbo: Part-1 -- Part-2 -- Part-3 -- Part-4

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