Explain the concept of civil commitment of sex offenders following sentences served. What is the rationale behind such legislation? Have the courts generally upheld such measures?

Question

What will be an ideal response?

Answer 1

Sex offender civil commitment (SOCC) has been enacted in 16 states. Such legislation acknowledges that although sex offenders may have paid a debt to society by spending time behind bars, often little if anything is accomplished during this incarceration to address and treat the disorders that lead offenders to commit sexual assault. Although many contend that these acts violate offenders' civil rights, the Supreme Court has upheld the constitutionality of at least one state's civil commitment law. In Kansas v. Hendricks (1997), the Court upheld Kansas's Sexually Violent Predator Act, which establishes procedures by which that state may civilly commit to a mental hospital people likely to commit predatory acts of sexual violence due to a mental abnormality or personality disorder. In Kansas v. Crane (2002), it refined the limitations in Hendricks, adding a new limitation on such civil commitments, saying that there must be "proof of [an offender's] serious difficulty in controlling [his] behavior.". Still, many feel it is controversial, especially offenders, who believe they have served their debt to society after being incarcerated.