SJC rules on refusal of SDP treatment

7-16-2012 Massachusetts:

The Supreme Judicial Court has ruled that an accused sex offender’s refusal to undergo treatment may under some circumstances not be admitted in civil commitment proceedings.

“[A]lthough evidence that a defendant in an SDP civil commitment proceeding did not receive sex offender treatment is admissible, we conclude that it is error to admit evidence that a defendant refused sex offender treatment where he could receive such treatment only by waiving confidentiality,” Justice Ralph D. Gants wrote for a unanimous court (Commonwealth v Hunt).

“Where sex offender treatment is conditioned on a waiver of confidentiality, refusal of treatment alone is insufficient to support an inference that the prisoner does not want to be treated,” the SJC reasoned. “If the Commonwealth were to provide sex offender therapy without requiring a waiver of confidentiality, then this inference arising from refusal would be fair and reasonable.” ..Source.. by Mass. Lawyers Weekly

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Nebraska Supreme Court says mental health board must reconsider sex offender's commitment

Most important here is the court holding "Forced incriminating statements, cannot later be used against the person in a criminal procedure." i.e. In the Civil commitment hearing, they CANNOT used previously forced incriminating statements (Here: forced admission of guilt in order to get into sex offender therapy during a earlier period of probation).

5-14-2011 Nebraska:

LINCOLN, Neb. — A state mental health board must reconsider a case in which it ordered a convicted sex offender held for treatment following his prison sentence, under a Nebraska Supreme Court opinion issued Friday.

The state high court's decision reversed a ruling by a Dawson County District judge in the case of a man convicted in the early 1990s of sexually assaulting a 15-year-old girl.

Shortly before the man — referred to in court documents only as "A.M. Jr." — was scheduled to be released from prison in 2008, the state asked that a local mental-health board deem him a dangerous sex offender.

Using the evaluation of three state psychologists, the board concluded that A.M. was at risk of re-offending and committed him to inpatient treatment.

A.M. appealed, objecting to — among other things — the board's allowance of testimony from the psychologists about statements and other facts gathered from his 1992 third-degree sex assault conviction. A.M. was sentenced to probation in that case, but the conviction was later vacated.

Appeals court orders Jacksonville sex offender released from commitment

8-7-2014 Florida:

An appeals court has ordered the release of a Jacksonville sex offender who was committed under the state’s Jimmy Ryce Act after he had completed his prison sentence.

Prosecutors said the case was not over and stressed that Victor V. Reed was unlikely to get out anytime soon.

The case will go to the Florida Supreme Court for a final ruling, but prosecutors said the “loophole” that might let Reed get out has already been closed as part of a modification of the Jimmy Ryce Act that occurred earlier this year.

The act allows for the psychiatric review or civil commitment of sexually violent offenders even after they finish their prison sentences.

Reed, 48, pleaded guilty to three counts of sexual battery in May 2013. Circuit Judge Virginia Norton sentenced him to the 481 days he had already served in jail.

Usually that would mean Reed was free, but he remained in custody overnight to be “processed out.” The next day the Department of Corrections notified the Department of Children and Families that Reed was a potential Jimmy Ryce inmate. Children and Families responded with a “detainer” letter asking for Reed to be transported to the Florida Civil Commitment Center, which is where sexual offenders and predators are held under the Jimmy Ryce Act.