Stacie L. Patterson Law Blog
Posted - 11/03/2009 09:09am
0 Comments | Add Comment Federal Sexually Violent Predator Laws Under Review by Supreme Court
In U.S. v. Comstock, the United States Supreme Court will review whether the federal provisions which allows court-ordered civil commitment by the federal government of (1) "sexually dangerous" persons who are already in the custody of the Bureau of Prisons, but who are coming to the end of their federal prison sentences, and (2) "sexually dangerous" persons who are in the custody of the Attorney General because they have been found mentally incompetent to stand trial. These provisions of the Adam Walsh Act or SORNA allow individuals to remain in custody long after the sentences for their crimes have been served.
California has provisions similar to those of SORNA. Its' statutes allow a person who has been convicted of one or more sexual offenses with a current, diagnosed mental disorder such that he is likely to be commit violent sexual offenses if released to be deemed a Sexually Violent Predators. Such individuals may be civilly committed even after having served a substantial prison sentence as a result of their criminal convictions.
While it is important that we protect innocent individuals from becoming victims of sex offenders, it is equally important that the criminal justice system remain transparent, fair and honest. After a defendant has served the ordered sentence, he should be released. The law contains many provisions to monitor sex offenders upon release from custody. Presently, they may not reside within 2000 yards of a school, playground or daycare facility, are monitored by GPS and must register as Sex Offenders. Many defendants who have been convicted of sex offenses undergo substantial counseling and must submit to polygraphs. A violation of these requirements may land a defendant in custody for a number of years.
Requiring defendants to remain in custody even though they have served their sentences and not violated additional laws diminishes the integrity of the criminal justice system.
If you are charged with a sex offense, or have been charged with one in the past, contact Stacie L. Patterson (619) 269-8074.
