WASHINGTON — The idea of the federal government being able to indefinitely commit people considered “sexually dangerous” after their federal prison terms are complete seemed attractive to some Supreme Court justices.
Lower courts have said the federal government cannot do this. But in arguments before the high court today, Solicitor General Elena Kagan said the government has the responsibility to ensure that sexual predators are not turned back onto the streets.
The federal government’s responsibility and power extends to ensuring “those people who have been in custody are released responsibly,” Kagan said.
Federal public defender G. Alan DuBois said this practice would overstep official bounds when it comes to sentencing people for federal crimes. “Civil commitment has never been part of the criminal justice system,” he said.
The 4th U.S. Circuit Court of Appeals in Richmond, Va., ruled last year that Congress overstepped its authority when it enacted a law allowing for indefinite commitment of people who are considered “sexually dangerous.”
In April, Chief Justice John Roberts granted an administration request to block the release of up to 77 inmates at a federal prison in North Carolina. These were people whose prison terms for sex offenses were ending. The justice’s order was designed to allow time for the high court to consider the administration’s appeal.
The challenge to the law was brought by four men who served prison terms ranging from three to eight years for possession of child pornography or sexual abuse of a minor. Their confinement was supposed to end more than two years ago, but the government determined that there would be a risk of sexually violent conduct or child molestation if they were released.
A fifth man who also was part of the legal challenge was charged with child sex abuse, but declared incompetent to stand trial.
Civil commitment was authorized by the Adam Walsh Child Protection and Safety Act, which President George W. Bush signed in July 2006. The act, named after the son of “America’s Most Wanted” television host John Walsh, also establishes a national sex offender registry, increases punishments for some federal crimes against children and strengthens child pornography protections. Those provisions are not being challenged.
State laws allowing civil commitments of sex offenders also are unaffected.
The case is U.S. v. Comstock, 08-1224.
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