Civil Confinement

Civil confinement is a controversial procedure permitted by a law passed in New York, advocated by the former governor, Eliot Spitzer, allowing the civil commitment of sex offenders because they are deemed by a court to be a danger to themselves or to society. One political commentator on the topic has said, "When the most dangerous sexual predators are due to leave prison ... officials can revoke their freedom and toss them into mental hospitals indefinitely." Essentially, "Civil confinement permits the state to transform a criminal sentence with a specified duration into an indeterminate life sentence." Others argue in favor of the procedure, including one commentator who has advocated its use in the case of a 100-year-old child molester out on bail after serving a life sentence. While certainly not without some controversy, at least 20 states have recently passed laws allowing civil confinement, one of which was ruled constitutional by the Supreme Court of the United States. However, the court recently reversed itself in the same case, Kansas v. Crane. A recent ruling has been interpreted that, "States will have to show that the offenders have a mental illness that causes a lack of control over their own behavior." In Kansas v. Crane (2002), the court ruled that absent a finding of a nearly complete lack of self control, a sex offender may not be committed after he has served his sentence.