Sexually dangerous individual; proof of likelihood to re-offend

In the Interest of Danny Robert Nelson, 896 N.W.2d 923 (N.D. 2017)

North Dakota Supreme Court orders release of person from commitment as a sexually dangerous individual after finding the evidentiary record fails to show that the person “has a present difficulty of controlling his behavior.” A dissenting opinion argues that the Court goes beyond the requirements of the law and impermissibly substitutes its judgment for that of the district court.

Found in DMHL Volume 36, Issue 3

Sexually violent predators; proof of likelihood to re-offend

In the Matter of the Detention of Troy Belcher, 399 P.3d 1179 (Wash. 2017)

Washington Supreme Court rules that an adult’s convictions as a juvenile can be “predicate offenses” supporting a finding that the person meets the criteria for continued civil commitment as a sexually violent predator.

Found in DMHL Volume 36, Issue 3

Violent sex offenders; due process

United States v. Maclaren, 866 F.3d 212 (4th Cir. 2017)

Fourth Circuit rules that a motion for discharge by a civilly committed sex offender under the Adam Walsh Child Protection and Safety Act must be heard by the district court if, after meeting prescribed time requirements, the motion contains “sufficient factual matter, accepted as true, to state a claim for discharge” that is “plausible on its face.”

Found in DMHL Volume 36, Issue 3

Sexually Violent Predators and Ineffective Assistance of Counsel

In re Chapman, No. 27705, 2017 S.C. LEXIS 29 (Feb. 15, 2017)

The South Carolina Supreme Court rules that a person has a due process right to effective assistance of counsel during civil commitment proceedings for sexually violent predators, but that a claim contesting such commitment due to ineffective assistance of counsel must be raised in a habeas corpus petition as South Carolina statutory law does not provide for making such a claim on direct appeal.

Found in DMHL Volume 36, Issue 1