Civil Commitment: Mentally Ill & Dangerous: Indefinite Detention of Sex Offenders

What is Civil Commitment?

Civil Commitment is a way for the State to force someone into mental health or chemical dependency treatment, sometimes in a “secure” (locked) facility for forced medication, or under Court supervision in the community with conditions to continue treatment. This is a civil procedure mostly reserved for people with significant mental health challenges or debilitating chemical addictions who are often considered a risk to themselves or others.

There are rules and procedures about how and when a person can come under the supervision of a Court or committed to a treatment facility involuntarily found in the Minnesota Commitment and Treatment Act. found here. (hyperlink: https://www.revisor.mn.gov/statutes/cite/253B)

Are People Convicted of Sex Crimes Subject to Civil Commitment?

Yes. Civil Commitment is a way to keep sex offenders detained indefinitely. Generally speaking, when an inmate finishes their sentence, the prison must release them from the facility, usually onto some form of parole or supervised release, but no longer incarcerated. This is true for inmates in the Minnesota Department of Corrections.

However, sometimes the State thinks that an inmate who has been convicted of criminal sexual conduct should not be released back into society because they pose too significant risk for re-offending. The State seeks to commit the inmate under the Civil Commitment statutes in these cases.

In Minnesota, the Civil Commitment procedure is found here (hyperlink: https://www.revisor.mn.gov/statutes/cite/253B.18) and describes how Court can end up ordering an inmate to be institutionalized. A petition is filed alleging that the inmate has a mental illness and is dangerous to the public, which starts a process during which the inmate goes through mental evaluations. Ultimately a hearing is held in front of a judge. The judge must determine whether there is clear and convincing evidence that the inmate is a person 1) who has a mental illness and 2) is dangerous to the public.

It is the State’s burden to prove that a defendant poses a risk of harm due to mental illness related to criminal sexual conduct. If that finding is met, then the Court has the authority to commit that person to a secure treatment facility, potentially for an indeterminate period. If the State’s petition is successful, then the Defendant is committed as Mentally Ill and Dangerous and will be forced to reside at a restricted facility.

However, it's crucial to understand that this pre-release custody is not a mandatory step. In the worst-case scenario, the BOP is obligated to release all inmates from their criminal custody at the conclusion of their “good conduct time” release date. This means that, unless a separate court order is in place, the BOP is legally bound to release an inmate from prison on that specific date.

One type of court order that allows the BOP to keep inmates in custody past their good-conduct time is a civil commitment order under 18 U.S.C. § 4248. This is part of the law passed in the mid-2000s as part of the Adam Walsh Act. You will often hear these proceedings under § 4248 referred to as “Walsh Act” cases or “Walsh Act” commitments. Section 4248 was passed as part of a tough-on-crime package intended to significantly increase the punishment for any sex-related crime on the federal level.

Under 18 U.S.C. § 4248, the Government is allowed to indefinitely commit (read: detain or jail) any person who is certified as a “sexually dangerous person.” The Government can use this procedure to potentially detain any federal defendant for the rest of their natural life as a “sexually dangerous person” if the U.S. Government can persuade a judge by clear and convincing evidence that they meet the applicable criteria.

What Does the Government Have to Prove to Commit a Defendant?

Are There Defenses to Civil Commitment for Defendants Convicted of Sex Offenses?

Yes. Everyone subject to a commitment petition has the right to Due Process and to confront and contest the allegations. A Defendant can present their evidence through testimony from expert witnesses, input from people familiar with the Defendant, and independent evaluations and reports. Just because someone has been convicted of Criminal Sexual Conduct or other sex offenses does not mean that they are such a risk as to be confined to a mental facility forever.

Catherine has experience representing people accused and convicted of sex crimes who are candidates for civil commitment. Suppose there is someone in your life that has been convicted of a sex offense and is now being threatened with civil commitment because the State of Minnesota or the U.S. Government (in any District) believes that they are mentally ill and dangerous. In that case, Catherine can help present a defense and zealously advocate for their release.

Catherine is licensed to practice state law in the State of Minnesota.

If you’ve been charged with an offense, call Catherine, a highly rated criminal defense attorney near me. Call her today for a free consultation.