Appeals Court Strikes Down US Civil Commitment Law for Sexually Dangerous

A federal appeals court has struck down a 2006 federal law providing for indefinite civil commitment of sexually dangerous inmates after their prison terms end.

The Richmond, Va.-based 4th U.S. Circuit Court of Appeals said Congress intruded on powers reserved for the states, report the Associated Press and the Richmond Times-Dispatch. The Jan. 8 opinion was the first by a federal appeals court to address the question. It found that Congress did not have power to enact the law under either the commerce clause or the necessary and proper clause.

The statute allowed the attorney general to obtain a stay prolonging federal detention with a certification alleging sexual dangerousness; no evidence or preliminary showing is required, according to the opinion (PDF posted by AP) by Judge Diana Gribbon Motz. A federal court then rules on the government’s petition using a clear and convincing evidence standard.

"The Constitution does not empower the federal government to confine a person solely because of asserted 'sexual dangerousness' when the government need not allege (let alone prove) that this 'dangerousness' violates any federal law," Motz wrote.

Motz said federal authorities were still free to contact state officials about potentially dangerous inmates about to be released. State officials could then bring their own civil commitment proceedings.

“Congress' perceived need for the sort of civil commitment statute at issue here does not create constitutional power where none exists," Motz wrote. "Congress must instead seek alternative, constitutional means of achieving what may well be commendable objectives."