Civil Commitment of Sex Offenders

Civil Commitment

when a state retains custody of an individual found by a judge/jury to be a “sexually dangerous person” by involuntarily committing the person to a secure mental health facility after their prison sentence is done

• only in 20 states

How Does Civil Commitment Work?

• The US Attorney General can initiate the process

  • can happen with prisoners who are pending release or with criminal defendants found incompetent to stand trial

• Involves rights to:

  • be represented by counsel

  • testify and present evidence

  • subpoena witnesses

  • confront and cross examine witnesse

Takeaways

• black men are overrepresented 

• sexual minority men are disproportionately detained

  • offenders with male victims are seen as more violent, more dangerous, and mentally ill

Why are there discrepancies in civil commitment?

• Jury bias

• Selection bias