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The public's panic about the fear of recidivism if adjudicated sex offenders are ever to be released to the community has not subsided, despite the growing amount of information and statistically-reliable data signifying a generally low risk of re-offense. The established case law upholding sex offender civil commitment and containment statutes has rejected challenges of unconstitutionality, and continues to be dominated by punitive undertones. We have come to learn that the tools used to assess offenders for risk and civil commitment are often inaccurate and that meaningful treatment for this population is often unavailable and ineffective. Yet, society continues to clamor for legislation confining this cohort of offenders for "treatment," and, ostensibly, protection of the community, and legislatures respond quickly to these calls. This "reform legislation" often includes strict and demeaning post-release restrictions that track offenders and curb their integration into society. These "reforms" continue to show no benefit either to the public or to the individual offender. The absence of meaningful and effective treatment during confinement, combined with inhumane conditions upon release, make it far less likely that this cohort of individuals will ever become productive members of society. Only through therapeutic jurisprudence, a focus on rehabilitation, and a dedication to treating sexual offenders humanely, will it be possible to reduce recidivism and foster successful community reintegration.

Individuals classified as sexual predators are the pariahs of the community. Sex offenders are arguably the most despised members of our society and therefore warrant our harshest condemnation. Twenty individual states and the federal government have enacted laws confining individuals who have been adjudicated as "sexually violent predators" to civil commitment facilities post incarceration and/or conviction. Additionally, in many jurisdictions, offenders who are returned to the community are restricted and monitored under community notification, registration and residency limitations. Targeting, punishing and ostracizing these individuals has become an obsession in society, clearly evidenced in the constant push to enact even more restrictive legislation that breaches the boundaries of constitutional protections.

Juveniles tagged for preventive detention due to their supposedly higher level of sexual violence risk are no more likely to sexually reoffend than adolescents who are not so branded, a new study has found. Only about 12 percent of youths who were targeted for civil commitment as sexually violent predators (SVP's) but then freed went on to commit a new sex offense. That compares with about 17 percent of youths screened out as lower risk and tracked over the same five-year follow-up period.

Six years ago, the federal government set out to indefinitely detain some of the nation's most dangerous sex offenders, keeping them locked up even after their prison sentences had ended. But despite years of effort, the government has so far won court approval for detaining just 15 men. Far more often, men the U.S.Justice Department branded as "sexually dangerous" predators remained imprisoned here for years without a mandatory court hearing before the government was forced to let them go, a USA TODAY investigation has found. The Justice Department has either lost or dropped its cases against 61 of the 136 men it sought to detain. Some were imprisoned for more than four years without a trial before they were freed.

The public's panic about the fear of recidivism if adjudicated sex offenders are ever to be released to the community has not subsided, despite the growing amount of information and statistically-reliable data signifying a generally low risk of re-offense. The established case law upholding sex offender civil commitment and containment statutes has rejected challenges of unconstitutionality, and continues to be dominated by punitive undertones. We have come to learn that the tools used to assess offenders for risk and civil commitment are often inaccurate and that meaningful treatment for this population is often unavailable and ineffective. Yet, society continues to clamor for legislation confining this cohort of offenders for "treatment," and, ostensibly, protection of the community, and legislatures respond quickly to these calls. This "reform legislation" often includes strict and demeaning post-release restrictions that track offenders and curb their integration into society. These "reforms" continue to show no benefit either to the public or to the individual offender. The absence of meaningful and effective treatment during confinement, combined with inhumane conditions upon release, make it far less likely that this cohort of individuals will ever become productive members of society. Only through therapeutic jurisprudence, a focus on rehabilitation, and a dedication to treating sexual offenders humanely, will it be possible to reduce recidivism and foster successful community reintegration.

Civil commitment of mentally disordered persons in the United States was generally limited to persons who were clinically and judicially determined to have psychotic disorders, until 2 U.S. Supreme Court decisions in 1997 and 2002 sanctioned the commitment of nonpsychotic sex offenders who had completed their prison sentences. Such commitments are based on diagnoses of paraphilias and personality disorders - often using the miscellaneous "not otherwise specified" designations for these diagnostic categories. These diagnoses have poor conceptual validity and low interrater reliability. Accordingly, civil commitments that are based on diagnoses of such nonpsychotic disorders have a weak foundation.

Original Article07/18/2013By Karen Franklin, Ph.D.Other new research finds further flaws with actuarial methods in forensic practice At least three out of every four men being indefinitely detained as Sexually Violent Predators in Minnesota woul...

Original Article11/10/2013 In a recent article posted here, the static-99 (an actuarial assessment instrument) developers are embracing retention and have posted a new report that sex offender risk plunges over time and the community. This is so...

Fragile Flower Original Article10/27/2013By Karen Franklin, Ph.D. Dan Montaldi's words were prophetic.Speaking to Salon magazine last year, the former director of Florida's civil commitment program for sex offenders called innovative rehabilita...