Van Orden v. Stringer 8th Cir. All Cases Civil Commitment Secondary Materials Sex Offender Civil Commitment: The Treatment Paradox Twenty-one states and the federal government have civil commitment schemes that provide for the further confinement of sex offenders after they have completed their prison sentences. All Secondary Materials 4.
WaPo: In Arlington, a judge must decide if a nonviolent sex offender should stay incarcerated after serving his sentence On Monday, the Circuit Court in liberal Arlington County will be the scene of a heavy-handed morality play, with prosecutors seeking lifelong incarceration for a young gay man who has already paid an extraordinary price for youthful, nonviolent sexual indiscretions.
She was rushed to the hospital where physicians performed … Posted: July 15, All News 7, Topics 1st Amendment 1st Cir. Washington State Institute for Public Policy. Accessed August 19, Fabian JM. To catch a predator, and then commit him for life. The Champion. Washington Post.
Why Some Young Sex Offenders Are Held Indefinitely | The Marshall Project
June 27, A2. Hanson K, Thornton D. Static tally sheet. Static Clearinghouse.
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- State Civil Commitment for Sex Offenders.
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Accessed August 29, Center for Sex Offender Management. Recidivism of sex offenders . Cantone J. Rational enough to punish, but too irrational to release: the integrity of sex offender civil commitment. Drake Law Rev. Logan W. Constitutional collectivism and ex-offender residence exclusion laws.
Iowa Law Rev. Virtual Mentor. Background In the late s and early s, Washington and Minnesota began a national trend when they became the first states to enact statutes to allow civil commitment of sex offenders after their release from prison . His doctor's report, made available to me by Baughman and his attorneys, concluded with an assessment that despite past actions:. Therefore, in my professional opinion, he does not meet the statutory requirements for civil commitment as a 'sexually violent predator'.
At the subsequent trial, the judge refused to allow the expert's evaluation to be entered in Baughman's defense, instead relying wholly on the state's own expert's report. This was based on written evaluations made years ago.
In the end, a jury of six women and one man found Baughman not likely to be a sexually violent predator. After listening to the state's prosecutor describe what Baughman might do if let out of jail, one perplexed juror was reported to have asked: "But what's the crime? Baughman is thus believed to be the first person in Virginia ever to win such a civil commitment jury trial, and one of the few nationally. He was released on probation, and subject to the state's policy that relies on polygraphs, therapy sessions, and a process called the " containment model ". The therapy is unusual in that Baughman believes the therapist functioned as a sort of surrogate cop.
As he put it:. It is absolutely the case that everything I say to my therapist ends up on my probation officer's desk — which means it also ends up on the prosecutor's desk. Baughman sought to re-enter the University of Indiana, but was blocked by the state of Virginia.
Sexually violent predator laws
The school eventually reversed the decision, but Baughman then found himself blocked by the state of Indiana. So, he is stuck in Virginia.
He does not drive a car because he fears any cop who runs his plate will notice he is on the sex offender registry and look for a reason to pull him over, if only to harass him. Even a simple traffic ticket leads him to worry whether the encounter could turn into a violation that would land him back in prison.
Baughman's parole officer, at least, has been generally supportive of his charge, even moving away from containment model therapy. Still, many would find the terms of Baughman's probation over the top. He has been asked by Virginia sex inspectors, who are employed to enforce sex offender treatment, how many times a day he masturbates and what he thinks about when he masturbates, along with the details of actual sexual activities. Baughman says, "As part of that program, I was required to disclose this information to them. Baughman faces six more years on probation. He had studied to be an opera singer, but like so many sex offenders, he has little chance of obtaining meaningful employment.
He has come to see no future for himself in the US.