IPT Journal - Appendix B

Appendix B

Comparative Analysis of SVP Laws — State by State

All data for the following Charts in this Appendix were drawn from:

Lieb, Roxanne and Matson, Scott. (September, 1998). Sexual Predator Commitment Laws in the United States: 1998 Update. Olympia, Washington: Washington State Institute for Public Policy.

COMPONENTS OF DEFINITIONS OF SEXUALLY VIOLENT PREDATORS

State	Prior Conviction¹	Prior Charge Only	Mental Disorder	Age²	Likely to Engage in Acts of Sexual Violence	Other Requirements
Arizona	X³		X	18 +	X
California	X		X	18 +	X	2 or more victims required
Florida	X		X	18 +	X	includes those convicted of sexually motivated crimes
Illinois	X³		X	Juveniles Eligible	substantial probability of engaging in sexual violence
Iowa	X	X	X	Juveniles Eligible	X
Kansas	X³		X		X
Minnesota	X	X	X		X	includes those convicted of sexually motivated crimes; Separate statutory definition of Sexual Psychopathic Personality that requires finding that offender has a history of “habitual course of conduct” defined as 3+ convictions and an “utter lack of power” to control sexual impulses. Commitment may occur under either definition.
New Jersey	X		X	18 +	X
North Dakota	X	X	X		X
South Carolina	X		X		X
Washington	X	X	X		X	if not incarcerated at time of petition, state must prove evidence of recent overt act; includes those convicted of sexually motivated crimes; individual must meet definition of a “predator”
Wisconsin	X³		X	Juveniles Eligible	X	includes those convicted of sexually motivated crimes.

¹ Although some minor variation in definitions of sex offenses exist between states, all states require the crime to be sexual in nature or in motivation.

² At time of the crime

³ Includes incompetence to stand trial or not guilty by reason of insanity

COMMITMENT PROCEDURES

State	Screening and referral by Holding Institution	Preliminary Evaluation of Referred Candidates	Attorney General or County DA Files Petition	Probable Cause Hearing Due Process Protections	Pre-trial Detention Period	Full Due Process Protections Provided at Trial⁴	Jury and/or Bench Trial	Standard of Proof	Less Restrictive Alternatives Available / Other Information
Arizona			X	None	45	X	Jury or Bench	Reasonable Doubt	Yes
California	X	X⁵	X	Right to Counsel	?	X	Jury⁶ or Bench	Reasonable Doubt	No
Florida	X		X	None	30	X	Jury⁶ or Bench	Clear and Convincing	No
Illinois	X		X	Information not available	45	X	Jury	Reasonable Doubt	Yes
Iowa	X	X	X	Right to Counsel	60	X	Jury⁶ or Bench	Reasonable Doubt	No
Kansas	X		X	None	60	X	Jury⁶ or Bench	Reasonable Doubt	No
Minnesota	X	X	X	Full Due Process Protections	60	X	Bench	Clear and Convincing
New Jersey	X	X⁵	X	None	20	X	Bench	Clear and Convincing	No
North Dakota	X	X	X	None	30	Unknown	Bench	Clear and Convincing	Yes State must present 2 experts to support finding of SVP
South Carolina	X		X	Full Due Process Protections	60	X	Jury or Bench	Reasonable Doubt	Yes
Washington	X	X	X	Full Due Process Protections	45	X	Jury⁶	Reasonable Doubt	Yes
Wisconsin	X		X	None	45	X	Jury	Reasonable Doubt	Yes

⁴ Includes right to counsel, right to cross-examination of witnesses, right to be present, right to independent expert evaluation, right to call witnesses, right to appeal decision.

5 Two signed clinical certificates must be presented by licensed mental health professionals (in N.J. by two physicians) to secure a probable cause hearing.

6 Unanimous jury verdict required.

CONFINEMENT RATES / RELEASE CONDITIONS

State	Rates of Commitment⁷	Frequency of Review	Burden of Proof for Release / Standard of Proof	Less Restrictive Alternatives Available	Due Process Protections	Costs⁸
Arizona	41 Referred 5 Committed 24 Awaiting Trial	Annual	Burden is on State Beyond Reasonable Doubt patient is still dangerous	18 +	If patient petitions for discharge, Show Cause Hearing first at which Right to counsel, right to retain expert permitted. If Full Hearing convened, patient has right to be present, call/cross witnesses, and present to jury
California	1,374 screened 119 committed	Initial Commitment for 2 years; Annual reviews	X	18 +	Full Due Process Protections including right to jury	2 or more victims required
Florida	no referrals yet	Annual	X	18 +	Based on Institution Report Judge determines if the patient is ready for discharge, and, if so, conducts hearing at which full Due Process Protections, including right to jury, are provided	includes those convicted of sexually motivated crimes
Illinois	27 referred 3 committed	within 6 mos. of initial commitment; Annual thereafter	X	Juveniles Eligible	Patient may petition for release; court appoints expert; state must prove patient continues to be SVP
Iowa	None	Annual	X	Juveniles Eligible	If court determines, based on annual report, that patient has changed and is no longer an SVP, court schedules hearing at which full due process protections are provided.
Kansas	150 Referred 17 Committed	Annual	X		If court determines, based on annual report, that patient has changed and is no longer an SVP, court schedules hearing at which full due process protections are provided.
Minnesota	220 Referred 130 Committed	On request of Patient, 1 per 6 mos. permitted	X		Patient petitions to a 3 member panel, which makes recommendation to Commissioner of Human Services. Decision of Commissioner is appealable through the state courts.	includes those convicted of sexually motivated crimes; Separate statutory definition of Sexual Psychopathic Personality that requires finding that offender has a history of “habitual course of conduct” defined as 3+ convictions and an “utter lack of power” to control sexual impulses. Commitment may occur under either definition.
New Jersey		Annual	Burden is on Patient Clear and convincing that patient is highly likely not to commit a new offense	No; Conditional Discharge available		estimated $85,000 per annum
North Dakota	1 referred 0 commitments	Annual	Burden is on State Clear and convincing		Full Due Process Protections available on petition for hearing by patient	unknown
South Carolina	None	Annual	Burden is on State Clear and convincing		Full Due Process Protections available on petition for hearing by patient	$940,000 estimated for 24 beds
Washington	196 referrals 41 commitments 24 awaiting trial	Annual	Burden is on State Beyond Reasonable Doubt patient is still dangerous	Yes; Conditional Discharge available	If petition for hearing is from staff, hearing scheduled before jury with full due process protections. If petition is from patient, show cause hearing held at which counsel may appear and present expert witness, but patient is excluded. If judge finds cause, full hearing as above held.	$70,000 per annum
Wisconsin	107 committed 2 discharged 7 awaiting trial	within 6 mos. of initial commitment; Annual thereafter	Burden is on State Clear and convincing	Yes; Conditional Discharge available	Patient may petition for release once every 6 mos. Court appoints examiner and hears petition within 30 days of report, without jury, to determine probable cause. If cause found full hearing date set. Petition for discharge by state: full hearing automatic. Full hearing: Full due process protections afforded, except for jury trial. If petition is granted supervised discharge plan developed.	$82,000 per annum

⁷ all data is as of Summer 1998; Data from 6 states that provided complete data on referrals and commitments (not including New Jersey) reveals that 1,859 were referred and 298 were committed for a commitment rate of about 16% (ibid., p. 10).

⁸ Unless otherwise noted all costs are for treatment and housing