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Tag Archives: Civil Commitment

Criminal Practice – Civil Commitment for Treatment Resistance (access required)

U.S. v. Bolander A 47-year-old man with a prior conviction for child molestation and a strong sexual fixation on prepubescent males, who has resisted treatment and continued to amass collections of child pornography while on parole or supervised released, has been shown to be a “sexually dangerous person” subject to civil commitment; the 4th Circuit affirms the government certification for civil commitment.

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Criminal Practice – Probation – SVP Act – Civil Commitment – No Tolling (access required)

State v. Miller : Even though defendant’s civil commitment to the sexually violent predators program makes him unavailable for community supervision, a civil commitment does not give rise to the tolling of his probationary period. We reverse the Court of Appeals’ decision, which upheld the tolling of defendant’s probation during his civil commitment in the SVP program.

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Criminal Practice – Sex Offender – Civil Commitment — Reconsideration (access required)

U.S. v. Wooden The record does not support a district court’s rejection of civil commitment for a sex offender, and the 4th Circuit orders reconsideration; the offender has a long history of acting on his pedophilic urges, has been convicted or adjudicated delinquent five times, has admitted he offended many more times than he was caught and has been resistant to treatment.

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Criminal Practice – Civil Commitment – Overturned – Obscene Phone Calls & Threats – None Since 2003 (access required)

U.S. v. Francis A man with an extensive history of making obscene phone calls threatening women with sexual violence, but who has not made such a call since 2003, will not be civilly committed as a sexually dangerous individual under 18 U.S.C. § 4248; the 4th Circuit rejects the government’s claim that the district court made an “abstract determination” that the man was unlikely to commit new offenses of a sexually violent nature.

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Criminal Practice – Constitutional – Due Process & Equal Protection — Civil Commitment – ‘Sexually Dangerous Person’ (access required)

U.S. v. Timms In one of the first cases arising out of the civil commitment system established by § 4248 as part of the Adam Walsh Child Protection and Safety Act of 2006, the 4th Circuit upholds the statute against due process and equal protection claims, reverses the district court order to release appellant Gerald Wayne Timms, and remands for the district court to determine whether he is a “sexually dangerous person.”

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Criminal Practice – Prisoners – ‘Sexually Dangerous Persons’ – Civil Commitment – 18 U.S.C. 4241 & 4248 (access required)

U.S. v. Broncheau In this action by the government seeking civil commitment of nine federal prisoners as "sexually dangerous persons" under 18 U.S.C. § 4248, the 4th Circuit says the district court erred in dismissing the proceeding on the ground that, for these prisoners whose sentences included terms of supervised release, the government should have proceeded under § 4241 rather than § 4248.

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