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-A-
05-17-2010, 11:04 AM
The Supreme Court ruled Monday the federal government has the power to indefinitely keep some sex offenders behind bars after they have served their sentences, if officials determine those inmates may prove "sexually dangerous" in the future.

"The federal government, as custodian of its prisoners, has the constitutional power to act in order to protect nearby (and other) communities from the danger such prisoners may pose," Justice Stephen Breyer wrote for the 7-2 majority.



http://news.blogs.cnn.com/2010/05/17/supreme-court-says-sex-offenders-can-be-held-indefinitely/?hpt=T1&iref=BN1

Charlie Brown
05-17-2010, 11:08 AM
Are they talking about detaining foreign nationals whose countries of origin will not cooperate with ICE to effect their deportations?

yammahoppy
05-17-2010, 11:09 AM
Texas has done this for quite some time. They do an involuntary commitment if they find the perv is likely to be a perv again.....

BCSD Frank
05-17-2010, 11:27 AM
Good. :mad:

PhilipCal
05-17-2010, 11:31 AM
http://news.blogs.cnn.com/2010/05/17/supreme-court-says-sex-offenders-can-be-held-indefinitely/?hpt=T1&iref=BN1

Like what I hear, but could you clarify "some". Would help a lot.

CruiserClass
05-17-2010, 11:34 AM
Why don't we execute them?

BCSD Frank
05-17-2010, 11:38 AM
Why don't we execute them?

Hrmmm... Okay, I give up. Why don't we? :D

Iowa #1603
05-17-2010, 12:12 PM
Texas has done this for quite some time. They do an involuntary commitment if they find the perv is likely to be a perv again.....

I believe it is 26 states that have a civil committment for sexual predators.

Iowa has been doing it for 15 yrs or so. So far no one has "graduated " from the program, but a couple are getting close.

One actually was released on semi supervision..............he failed a polygraph and was sent back.

-A-
05-17-2010, 01:24 PM
Sex offenders can be held indefinitely, the court rules.

(CNN) -- The U.S. Supreme Court ruled Monday the federal government has the power to keep some sex offenders behind bars indefinitely after they have served their sentences if officials determine those inmates may prove "sexually dangerous" in the future.

"The federal government, as custodian of its prisoners, has the constitutional power to act in order to protect nearby (and other) communities from the danger such prisoners may pose," Justice Stephen Breyer wrote for the 7-2 majority.

At issue was the constitutionality of federal "civil commitment" for sex offenders who are nearing the end of their confinement or who are considered too mentally incompetent to stand trial.

The main plaintiff in the case, Graydon Comstock, was certified as dangerous six days before his 37-month federal prison term for processing child pornography was to end. Comstock and the others filing suit remain confined at Butner Federal Correctional Complex near Raleigh, North Carolina.

Three other inmates who filed suit served prison terms of three to eight years for offenses ranging from child pornography to sexual abuse of a minor. Another was charged with child sex abuse but was declared mentally incompetent to face trial.

All were set to be released nearly three years ago, but government appeals have blocked their freedom. The government says about 83 people are being held under the civil commitment program.

Corrections officials and prosecutors determined the men remained a risk for further sexually deviant behavior if freed. The inmates' attorneys maintain the continued imprisonment violates their constitutional right of due process and argue Congress overstepped its power by allowing inmates to be held for certain crimes that normally would fall under the jurisdiction of state courts.

The law in question is the 2006 Adam Walsh Child Protection and Safety Act, which includes a provision allowing indefinite confinement of sex offenders. A federal appeals court in Richmond, Virginia, ruled lawmakers had overstepped their authority by passing it, prompting the current high court appeal.

"The statute is a 'necessary and proper' means of exercising the federal authority that permits Congress to create federal criminal laws, to punish their violation, to imprison violators, to provide appropriately for those imprisoned and to maintain the security of those who are not imprisoned but who may be affected by the federal imprisonment of others," Breyer wrote.

Breyer equated the federal civil commitment law to Congress' long-standing authority to provide mental health care to prisoners in its custody, if they might prove dangerous, "whether sexually or otherwise."

In dissent, Justice Clarence Thomas said the federal government overstepped its bounds.

"Congress' power, however, is fixed by the Constitution," Thomas wrote. "It does not expand merely to suit the states' policy preferences, or to allow state officials to avoid difficult choices regarding the allocation of state funds." He was joined by Justice Antonin Scalia.

The case represented a victory for the federal government and the woman who argued the case on its behalf, Solicitor General Elena Kagan. President Obama nominated Kagan last week to serve on the Supreme Court.

The justices in April 2009 had blocked the imminent release of dozens of sex offenders who had served their federal sentences after the Obama administration claimed many of them remain "sexually dangerous." Chief Justice John Roberts ordered the men be kept in custody while the case worked its way to the high court.

Most violent sex offenses are handled at the state level, and at least 20 states run programs in which sexual predators are held indefinitely or until they are no longer considered dangerous. The federal government's civil commitment program is relatively new.

The Adam Walsh act was named after the son of John Walsh, host of TV's "America's Most Wanted."Adam Walsh was kidnapped and murdered by a suspected child molester in 1981.

The act also increased punishments for certain federal crimes against children and created a national registry for sex offenders. Those aspects of the bill were not being challenged in this case.

http://www.cnn.com/2010/CRIME/05/17/scotus.sex.offenders/index.html?hpt=T1

PhilipCal
05-17-2010, 01:37 PM
Thanks "A" Great info.

BCSD Frank
05-17-2010, 01:39 PM
Child molesters... Molester sounds too innocuous. Why don't they call them what they really are -- Child Destroyers, and then maybe they would be sentenced accordingly. :mad:

ComicGuy
05-17-2010, 03:41 PM
I have a huge, HUGE problem with this so-called 'civil commitment' thing. Its flat out crap to hold a prisoner after his sentence has been served.

I also have a huge problem with anything less than a life sentence for people who do the things that they're being 'committed' for.

In short: lock 'em up and throw away the key, don't keep them after they've served a crappy short sentence; its a bad precedent.

LINY
05-17-2010, 03:47 PM
I agree with ComicGuy. Don't keep them after their sentence is out as it does set a bad precedent. Instead, just sentence them to life without parole or keep them in the mental health system forever.

opencarry
05-17-2010, 03:50 PM
I agree with ComicGuy. Don't keep them after their sentence is out as it does set a bad precedent. Instead, just sentence them to life without parole or keep them in the mental health system forever.

+1

theINTERN
05-17-2010, 03:56 PM
Lock em' up and throw away the key. Once they put their hands on a child I could care less about their quality of life.

God help them if one of those monsters ever puts a hand on a member of my family.

BCSD Frank
05-17-2010, 04:04 PM
Lock em' up and throw away the key. Once they put their hands on a child I could care less about their quality of life.

God help them if one of those monsters ever puts a hand on a member of my family.

Ditto. They'd better go on and commit suicide, because by the time I'm done with them, they're going to wish they were someplace nice and safe, like federal prison.

deputymel
05-17-2010, 04:23 PM
put all molesters, young or old, guys/gals, don't care, put them through a meat grinder or tree chipper! that includes incest sick f's too!! had to add to this forum!! would love make it a free part time job!

bsd13
05-17-2010, 04:30 PM
I have a huge, HUGE problem with this so-called 'civil commitment' thing. Its flat out crap to hold a prisoner after his sentence has been served.

Agreed. It's an end run. Doing it to "enemy combatants" is one thing. To American citizens. Unacceptable.



I also have a huge problem with anything less than a life sentence for people who do the things that they're being 'committed' for.

In short: lock 'em up and throw away the key, don't keep them after they've served a crappy short sentence; its a bad precedent.

They shouldn't spend one minute in prison after conviction. Execute them. Drag them out on the street and publicly stone them to death.

Any other offense I believe in a chance to redeem yourself, even serial killers, but not these things. They don't deserve it.

Scipio
05-17-2010, 05:06 PM
I think most everybody is missing the point of this case. Civil commitment of the mentally ill has been around for a long time and isn't going anywhere. The issue being decided in this case is whether civil commitment of sexual predators after their sentence has ran is something the federal government is authorized to do. Specifically, whether the civil commitment law is a necessary and proper way of carrying out an enumerated federal power.

The majority conclude that the law falls under the necessary and proper clause because it is similar to, just more expansive, than previously validated federal laws.

Scalia and Thomas dissent because civil commitment of prisoners beyond the term of their confinement has no link to an enumerated federal power.

For what it's worth, I agree with the dissent. I just don't see a connection between civil commitment after a sentence has been served and an enumerated power of the federal government. Civil commitment has always been a general welfare/police power issue, which is supposedly reserved to state authority.

/Just to clarify, civil commitment of a prisoner serving a federal term makes sense to me. The feds are the custodian of the prisoner for the duration of his sentence, so any law authorizing psychiatric care is necessary and proper to carrying out whatever federal law the prisoner violated. Allowing civil commitment past the duration of the original sentence severs the link between the enumerated power and the commitment.

DACP
05-17-2010, 07:11 PM
CruiserClass might have something here, if we execute them then we do not have to worry about the legal issue of incarceration past their sentence. revoke their birth certificates, this type of garbage does not need to be in a normal society of any type, they are not rehabilitate able, can not be cured, and totally worthless, so kill em and be done with it.

deputymel
05-17-2010, 07:33 PM
totally agree! kill them before they ruin another innocent child! I don't care what the law says.. When you hear children, kids, teenagers, nurses or doctors (who speak for babies who can't talk) of being touched sexually or being raped, or unthinkable things done to them. they complete cowards! i don't see them in jail raping the biggest guy or woman? no i see them crying for the own cell!!!

like i said, meat grinder or tree chipper! any other ideas out there for how to handle these animals??

Iowa #1603
05-17-2010, 07:37 PM
http://gazetteonline.com/local-news/public-safety/2010/05/16/high-risk-offenders-remain-off-street

Convicted sex offender Daniel Garren is working to earn his way back into society after being confined for 16 years.

The 66-year-old Vietnam veteran has battled anger issues — stoked by his disabling combat experiences and childhood issues of rejection and sexual abuse — since being placed in a special treatment unit for sexual predators deemed to be too risky to release. He went there after discharging his prison term for committing lascivious acts with a child.

“I was kind of an outcast from the day I was born,” said Garren, a Des Moines man who has been held in Iowa’s Civil Commitment Unit for Sexual Offenders, or CCUSO, at the Cherokee Mental Health Institute since April 1999.

With the help of an intensive treatment program, Garren is one of eight offenders among the 80 being held in the special unit operated by the state Department of Human Services who have progressed to a transitional phase where they eventually may become eligible for supervised release with court approval.

That would be a significant milestone because, to date, no one has become a CCUSO “graduate” completing the entire treatment regimen since the program’s inception 11 years ago, although judges have ordered 17 releases for various legal reasons during that span, Jason Smith said. He directs the program, one of 20 such state units nationwide.

“We have yet to have somebody complete commitment, transitional release and then us say, ‘OK, you’ve completed all the treatment and now you’re going to be discharged,’” Smith said.

The DHS program, with a staff of nearly 70 and an annual budget approaching $7 million, was established by 1998 legislation. State officials may seek indefinite civil commitment from the courts of high-risk sexual offenders convicted of at least two sexually violent crimes once the offenders are eligible for release from prison. Each offender held at the facility receives an annual review hearing.

Prisonlike experience

The double row of glistening metal security fence encasing the CCUSO wing at the Cherokee MHI gives the feel of a prison yard rather than a human services treatment facility in a remote northwest Iowa setting that already has the vestiges of a Shutter Island movie set. Some of the men housed there say conditions in some ways were better behind prison bars than the DHS special unit that they see as unconstitutional “double jeopardy” punishment, even though the courts have ruled otherwise.

The ages of the 80 men held at a facility, which has the capacity to expand for 150 offenders, range from 25 to 82. Smith said some of the detainees don’t want to be released. Some want to work through the program. Others say, “I shouldn’t be here, I want out of here,” Smith said.

“This place is hopeless,” said Dave Taft, 40, a Cedar Rapids man who served prison time for sex-related crimes, burglary and other offenses. He has progressed to the treatment program’s third phase since transferring to the Cherokee facility in 2005.

“It’s nothing more than a warehouse to keep people locked up at the taxpayers’ expense,” he said. “The only way anyone’s been released from the CCUSO is through the courts or through death.”

Taft said he has benefitted from treatment he has received and realized through the trained use of interventions that his past actions were wrong. He said he has the needed tools to prevent repeating the behavior in the future. He said he is anxious to be released to start an engraving business on the outside yet he continues to be detained, which is a source of frustration.

“I’m trying to do what I have to do to get out of here. I don’t have a problem with sexual or violent behavior as I once did years ago. I do feel like I’m ready to be released,” Taft said in an interview.

“Back when I was doing my criminal offending years ago, I didn’t care who I hurt. Now, years later, I understand the ramifications of that behavior and I don’t want to do that again. I really don’t. Those people just don’t deserve that,” he said.

He added: “Those people just don’t deserve it. I feel real bad about what I had done in the past. I can’t change that. All I can do is prevent myself from doing it in the future.”

Several methods used

Smith said the five-phase program measures and evaluates various stages of development in deterring sexually deviant thoughts and behavior, coping with stress and managing anger, and demonstrating skills in communicating, problem-solving and work habits. The goal is enabling men to function in ways they couldn’t before so they don’t offend again.

The program uses physiological measures, polygraph tests and professional screenings to document that offenders no longer are at a “more likely than not level of risk to commit another sexual offense.” That measurement of likelihood is required to progress through the program phases and eventually earn release, Smith said.

“It’s a difficult balance. From our standpoint, we have a very rigorous treatment program and our standards are pretty high for someone to complete it,” he said.

Smith noted that concerns exist about the impact an offender’s resettlement could have on closely watching victims and the risk of releasing someone who potentially could commit a new offense. The treatment program’s final stages include supervised day trips with electronic monitoring devices, work activities and routine living situations, he said.

Garren, the offender in treatment, said, “I’ve been locked up for 16 years now and a lot of things have changed, especially money — expenses.” He said he is adapting to using his first cordless telephone and has yet to use a cellular phone.

He said his goal is to win release and relocate in a rural area near Des Moines close to his family members where he can work on cars and do woodworking.

BCSD Frank
05-17-2010, 10:52 PM
http://granitegrok.com/pix/gallows.jpg

Chomp
05-17-2010, 10:58 PM
Push them off a rooftop and be done with it.

NextGenOfc
05-17-2010, 11:08 PM
http://img188.imageshack.us/img188/7328/99425109.jpg

Iowa #1603
05-18-2010, 08:04 AM
The article I posted earlier was in the local paper this Sunday as a few of the 80 civil commitment "patients" are NEARING a possible release. The CC process has been in existence in Iowa for about 15 yrs and works quite well thank you.

About 6 months prior to release the convict is reviewed by a multi-disciplinary team of Human Services, Law Enforcement and Corrections experts. If the convict meets the criteria, they are advised that they will be held for trial.

The convicts are released from prison at the end of their sentence. The county sheriff of the county where they were convicted picks them up and holds them until they are seen by a judge who establishes probable cause.
They are then taken to a holding facility (adjacent to one of our prisons) where they are held in a secure holding area (an old farm house) until they have a civil jury trial. IF they are adjudicated as being at significant risk to re offend, they are then taken to the civil committment unit. It is at one of our old mental health facilities. The CC unit is staffed by Human Services personnel and NOT Corrections people

At trial......................roughly 1/2 of the people that are sent for commitment are released by the jury

Now--------------------the two individuals mentioned in my article.

I know them from previous prison sentences. They need to be where they are.

nuthead
05-18-2010, 01:19 PM
Kill them.

The problem with them is that there is nothing to "reform" them to. If you think about it, could you stop liking whatever excites you? No, you might be able to repress it in front of others, but the excitement would still be there.

deputymel
05-18-2010, 04:49 PM
a very high roof top! like 30 feet?? while they are falling, have there victims picture in front of them as the fall to there death and go splat on the ground!

BCSD Frank
05-18-2010, 04:52 PM
a very high roof top! like 30 feet?? while they are falling, have there victims picture in front of them as the fall to there death and go splat on the ground!

Why? So the sickos could get their jollies one last time? :mad: They don't see their victims as victims. Most of them see their victims as willing participants or complicit in their own victimization.

Iowa #1603
05-18-2010, 07:14 PM
T
Now--------------------the two individuals mentioned in my article.

I know them from previous prison sentences. They need to be where they are.


One of them I personally busted at least 3 times for having pictures of little boys.....................cut them out of the JC Penny's catalog or whatever magazine was handy

deputymel
05-18-2010, 07:43 PM
u are right about that! i didn't think like that! SORRY! ok, so then just throw them off a 30 foot roof to there death! that sound better?? or my favorite line
MEAT GRINDER OR TREE CHIPPER??

reynolds357
05-18-2010, 08:54 PM
http://news.blogs.cnn.com/2010/05/17/supreme-court-says-sex-offenders-can-be-held-indefinitely/?hpt=T1&iref=BN1

I think this is crazy. At the end of the sentence, offenders should be released. Where will this end? We do have a Constitution; even when it is inconvenient.
I think the death penalty should be given for Child molestation. If a 2 year sentence is given, they should be released at the end of the sentence.

jannino
05-18-2010, 10:40 PM
Any other offense I believe in a chance to redeem yourself, even serial killers, but not these things. They don't deserve it.

Are you kidding me? You think serial killers can change? You think convicted murderers should be out on the street?

Your posts just keep getting better and better.

Iowa #1603
05-18-2010, 10:48 PM
Here is how the law works in Iowa

http://www.dhs.state.ia.us/Consumers/Facilities/CCUSO.html

The Civil Commitment Unit for Sexual Offenders (CCUSO) provides a secure, long-term, and highly-structured setting to treat sexually violent predators who have served their prison terms, but who, in a separate civil trial, have been found likely to commit further violent sexual offenses.

The CCUSO was created by the 1998 Sexually Violent Predators Act of Iowa to provide secure, inpatient treatment for sexual offenders who are believed to be a high risk for sexually re-offending. Inpatient treatment is indefinite, with the length of commitment dependent upon the time required for each individual to complete the criteria for advancement through five treatment phases. Some of the criteria used for advancement are as follows:

Successfully passing a series of polygraph exams regarding their sexual deviancy;

* Completion of a one-year curriculum of psycho-educational classes on topics such as cognitive skills, victim empathy, relapse prevention, relationship skills, human sexuality, self-esteem, anger management, personal victimization, and families of origin;
* Insight into various factors that contributed to offending behavior;
* Resolution of past traumas and resentments;
* Demonstration of victim empathy and empathy for others;
* Demonstration of satisfactory leisure skills;
* Demonstration of good cognitive coping skills;
* Reduction of deviant arousal as ascertained by two physiological measures;
* Development of a strong relapse prevention plan;
* Demonstration of adequate social and intimacy skills;
* Development of a realistic and positive self-concept;
* Development of good communication and problem-solving skills; and
* Motivation for treatment and change.

Who is eligible to receive services:

In order to be referred to the CCUSO, the following must occur:

* The individual must be nearing completion of a criminal sentence for a "sexually motivated" offense;
* The individual must meet the criteria established by statute for a "sexually violent predator," including determination that the individual has a "mental abnormality" or "personality disorder" that makes it "more likely than not" to engage in future acts of a sexually violent nature;
* The individual must be referred for commitment by a Multidisciplinary Team, the Prosecutor's Review Committee, and be determined by a professional evaluator to be a high-risk for re-offending; and
* The individual must be found to be a "sexually violent predator" by a civil court.

How to apply for services or refer someone to this facility:

All individuals are referred to the CCUSO program through the statutorily established system, including the Multidisciplinary Team and the Prosecutor's Review Committee. The Multidisciplinary Team screens all inmates who are currently incarcerated before their release.

How to get more information:

Additional information may be obtained by contacting:

Jason Smith, Psy.D, Administrator
Civil Commitment Unit for Sexual Offenders
1251 West Cedar Loop
Cherokee, Iowa 51012
(712) 225-6943
jsmith4@dhs.state.ia.us


Brief description:

Although this Sexually Violent Predator (SVP) program was created by statute in 1998, it did not begin operations until April 21, 1999. Since that time, the program has received approximately one individual per month through court committal.

The program's title is the "Civil Commitment Unit for Sexual Offenders" to avoid overly stigmatizing the individuals who will eventually be released, once they achieve the appropriate criteria.

Structure of the organization:

The CCUSO is operated by the Iowa Department of Human Services, under the directorship of Charles J. Krogmeier and under the leadership of Jeanne Nesbit, Administrator, Division of Mental Health and Disability Services. The facility's administrator is Dr. Jason Smith.

Psychiatric security specialists, who are supervised by treatment program supervisors, provide direct-care services to the individuals served. The psychologist and social worker, who are supervised by the clinical director, provide direct clinical services.

People served:

The CCUSO is located in Cherokee (on the campus of the Cherokee Mental Health Institute) and serves sexually violent predators for all 99 Iowa counties.



As of March 2010, seventy-nine individuals are committed to the CCUSO, which has a 100-bed capacity. Individuals who are committed to the CCUSO have long-term treatment needs and it is anticipated that cooperative and motivated individuals could be eligible for discharge within three to five years.

Other information:

The Iowa CCUSO program was modeled after the Kansas and Minnesota SVP programs. It has clearly identified 10 universal treatment goals, and these are used as a basis for developing specific, individualized treatment plans for each individual.

Each individual's progress is evaluated every 90 days, and the program utilizes three types of objective, physiological measures on a regular basis: the polygraph, the penile plethysmograph, and the Abel Assessment. The program is further structured to provide intrinsic incentives to motivate cooperation with treatment programming.

crass cop
05-18-2010, 10:58 PM
I havent read any posts, so please excuse if this has been covered.....

1st off, I think ALL sex offenders should be killed ASAP

If they want to keep sex offenders lodged indefinitely with no trial, then why did they have to close GITMO? The same thing was being done there, holding enemy combatants indefinitely, with no trial. I do think that enemy combatants should be killed too, but why is it one is okay but the other is not?? Which is worse? a freed terrorist or a freed sex offender?
Just curious....