Civil Confinement for Sex Offenders Research Papers
Civil Confinement for Sex Offenders Research Paper Civil Confinement for Sex Offenders began in the state of New York on April 13, 2007 with the enactment of the Sex Offender Management and Treatment Act (SOMTA) (SOMTA, 2008). O’Connor (n.d.) states; “that this act covers prisoners already serving sentences, those on parole, those on conditional release, and those on post release supervision”. There are two types of post release confinement “options.” One is called “Strict and Intensive Supervision and Treatment” (SIST). SIST is a modified “parole type” program. The Division of Parole closely supervises the offender. The other “option” is civil confinement where the offender would be confined to a psychiatric hospital (SOMTA, 2008). This act was put into effect to keep the offenders most likely to reoffend either off the streets or under close supervision.
Candidates for SIST and Civil Confinement One requirement for being sentenced to SIST or Civil Confinement is being judged likely to reoffend. There is a system that an offender must go through in order to be sentenced to Civil Confinement or SIST. The first step is for the case to be reviewed by the Office of Mental Health (OMH). The OMH conducts an assessment and an appraisal which will either show that the offender has a mental abnormality or that they should be released. If the offender is found to have a mental abnormality, the case is referred to the Attorney General for litigation. If the Attorney General feels that Civil Management is necessary, they must file a petition and prove with evidence that the offender should either be confined or should have to participate in intensive treatment. The jury must deliver a unanimous decision otherwise the offender will be released (SOMTA, 2008). If the offender is released and their sentence is complete, they will not be on parole. The SIST program is a way of applying parole in a case where the sentence has been served in its entirety. The
Candidates for SIST and Civil Confinement One requirement for being sentenced to SIST or Civil Confinement is being judged likely to reoffend. There is a system that an offender must go through in order to be sentenced to Civil Confinement or SIST. The first step is for the case to be reviewed by the Office of Mental Health (OMH). The OMH conducts an assessment and an appraisal which will either show that the offender has a mental abnormality or that they should be released. If the offender is found to have a mental abnormality, the case is referred to the Attorney General for litigation. If the Attorney General feels that Civil Management is necessary, they must file a petition and prove with evidence that the offender should either be confined or should have to participate in intensive treatment. The jury must deliver a unanimous decision otherwise the offender will be released (SOMTA, 2008). If the offender is released and their sentence is complete, they will not be on parole. The SIST program is a way of applying parole in a case where the sentence has been served in its entirety. The
References: Colb, S. (1999). Insane Fear: the Discriminatory Category of “Mentally Ill and Dangerous.” New England Journal of Civil and Criminal Confinement. Vol. 25, Issue 2. Retrieved June 18, 2009 from Campus Research. Fass, M. (2007). Group Challenges Civil Confinement for Sex Offenders. State Legislation – National Association of Criminal Defense Lawyers. Retrieved June 18, 2009 from http://www.nacdl.org/sl_docs.nsf/freeform/sex_offender027?opendocument Gormley, M. (2009). Sex Offender Law in the Wake of Shooting. AP Alert – Political. Retrieved June 18, 2009 from Campus Research. Hansen, R., Harris, A., Phenix, A., Thornton, D. (2003). STATIC 99 Coding Rules – Revised 2003. Retrieved June 18, 2009 from http://ww2.ps-sp.gc.ca/publications/corrections/pdf/Static-99-coding-Rules_e.pdf O’Connor, A. (n.d). “Actuarial Justice” – Representing Sex Offenders Facing Lifetime Civil Confinement. New York State Defenders Association. Retrieved June 18, 2009 from http://www.communityalternatives.org/pdf/SOMTA%20Guide.pdf Subway Rat. (2008). Daily News. Retrieved June 18, 2009 from LexisNexis The Sex Offender Management and Treatment Act: The First Year. (2008). New York State Division of Criminal Justice Services. Retrieved June 18, 2009 from http://www.criminaljustice.state.ny.us/nsor/somta_report_april2008.pdf