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U.S. Supreme Court Rules Federal Civil Commitment Statute is Constitutional: Sex Offenders Can Be Kept in Custody Even After Prison Term Ends

By Walin & Klarich

In United States v. Comstock, No. 08-1224, the United States Supreme Court recently held that the federal government properly has power under the ?Necessary and Proper Clause? to enact a civil commitment statute for ?mentally ill, sexually dangerous? federal prisoners, maintaining them in custody beyond the expiration of their criminal sentence. The civil commitment statute, 18 U.S.C. § 4248, requires a federal prisoner who has been convicted of a sexual violent crime to remain in federal custody even after the prison sentence expires if the prisoner is deemed to be sexually dangerous to others. This means that a sex offender can potentially remain in federal custody for the rest of his or her life, even if they finished the prison term that was sentenced...continue to full post

Full post as published by Southern California Criminal Defense Blog on May 19, 2010 (boomark / email).