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Showing posts with label Virginia. Show all posts
Showing posts with label Virginia. Show all posts

How 'civil commitment' enables indefinite detention of sex offenders

9-26-2013 National:

Many sex offenders are held indefinitely past their sentence on a recidivism assessment that's almost impossible to challenge

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.

No one knows for sure how many sex offenders there are in the US, but well over 747,000 people are listed on registries. Some are, indeed, pedophiles, but one third of offenders have committed their crime as children. The recidivism rate for sex offenders in general is low, with government statistics showing the rate at around 5%, versus 60% for all criminal activity.

Court: No Civil Commitment For Army Sex Offender

6-14-2010 Virginia:

RICHMOND, Va. (AP) ― A federal appeals panel says sex offenders convicted in military court but housed by the Bureau of Prisons are not eligible for civil commitment.

A three-judge panel of the 4th U.S. Circuit Court of Appeals issued the ruling Monday in the case of former Army officer Benjamin Barnard Joshua, who pleaded guilty in military court to sexually molesting children. He was transferred to a federal penitentiary because of military prison downsizing.

Eight days before his scheduled release, the attorney general petitioned for civil commitment under a 2006 law that allows indefinite detention of "sexually dangerous" inmates in the custody of the Bureau of Prisons.

The appeals court upheld a judge's ruling that despite being physically housed by the Bureau of Prisons, Joshua remained in military custody and therefore was not subject to civil commitment. ..Source.. WJZ.com

Gibson v Commonwealth

4-17-2014 Virginia:

Gibson v Commonwealth

The Commonwealth filed a petition for the civil commitment of Donald Gibson as a sexually violent predator pursuant to the Civil Commitment of Sexually Violent Predators Act (SVPA), Code §§ 37.2-900 through -921.

After the fact finder determined that Gibson is a sexually violent predator, the circuit court shifted to Gibson the burden of proof to establish that he satisfies the criteria for conditional release.

Because the burden of proof does not shift, we will reverse the circuit court's judgment.
..Source.. by Virginia Supreme Court