	Introduction1

In 1990, the state of Washington passed a law that allows for the civil commitment of sex offenders. Civil commitment, as it relates to sex offenders, is when a state retains custody of an individual, found by a judge or jury to be a "sexually dangerous person," by involuntarily committing the person to a secure mental health facility after the offender's prison sentence is done. With respect to sex offenders, civil commitment laws allow states, and now the federal government, to civilly commit sexually dangerous persons. An issue for Congress is whether civil commitment is a sustainable policy for dealing with sexually dangerous persons, or whether there is a different way to manage this population effectively. The issue of civil commitment raises a series of concomitant questions: How much do civil commitment programs cost? How dangerous are sex offenders? Is sex offender treatment effective? Can sexually dangerous persons be defined and identified? Are there less restrictive alternatives for managing sex offenders? Background on Civil Commitment

This section describes the history of civil commitment laws in the United States, two Supreme Court rulings on the constitutionality of civil commitment programs, and a description of the federal civil commitment program. However, the data indicate that sex offenders, when compared with other violent offenders, may not be the high-risk offenders that they are perceived to be. Others argue, however, that given the fact that sex offenders pose a similar risk to the community as other violent offenders, the need for special measures to monitor and control sex offenders, such as civil commitment, are unwarranted. Any discussion about recidivism almost inevitably includes a discussion about ways to decrease recidivism. Sex offender treatment is viewed as one way to decrease sex offender recidivism. Sex Offender Treatment

One of the key tenets of civil commitment is the belief that sex offenders can be treated; for if they cannot, it is likely that there will be a burgeoning population of civilly committed sex offenders that will never be released. Research indicates that treatment for incarcerated sex offenders (who are more likely to be violent sex offenders) is promising, but the findings are somewhat mixed. Some studies provided treatment for sex offenders that was questionably implemented. These issues include (1) the ability of the government to determine which offenders should be civilly committed, (2) the use of less restrictive alternatives to civil commitment, (3) the use of indeterminate sentences to punish sex offenders, and (4) the cost of civil commitment programs. Data indicate that sex offenders are more likely than non-sex offenders to be rearrested for a sex crime. Although researchers have made advancements in determining whether an offender is at-risk to re-offend, not as much progress has been made in developing methods to determine when it is safe to release sex offenders from custody. Data on sex offender recidivism is not conclusive.
The 109th Congress passed legislation (P.L. 109-248) that allows the federal government to civilly commit "sexually dangerous persons." Civil commitment, as it relates to sex offenders, is when a state retains custody of an individual, found by a judge or jury to be a "sexually dangerous person," by involuntarily committing the person to a secure mental health facility after the offender's prison sentence is done. In 1990, the state of Washington passed the first civil commitment law for sexually dangerous persons. Currently, 18 other states and the federal government have similar laws. Moreover, the Supreme Court, in Kansas v. Hendricks and Kansas v. Crane, ruled that current civil commitment laws are constitutional.
The civil commitment of sex offenders centers on the belief that sex offenders are more likely than other offenders to re-offend. However, data on sex offender recidivism is varied. Data show that the recidivism risk for sex offenders may be lower than it is typically thought to be; in fact, some studies show that sex offenders recidivate at a lower rate than many other criminals. Other studies show that, given time, almost all sex offenders will commit a new sex crime. Most discussions about recidivism examine ways to decrease recidivism; for example, by providing sex offenders with treatment. Research on the efficacy of sex offender treatment is promising, but it cannot prove that treatment reduces recidivism. Cognitive-behavioral techniques appear to be the most promising type of treatment for sex offenders, although some research indicates that offenders who receive a diagnosis of psychopathy may be less amenable to treatment.
For civil commitment to be effective, practitioners must be able to identify sex offenders who pose a high risk of re-offending. Although the ability of practitioners to identify offenders has improved, there is still the possibility that an offender who would not re-offend might be committed. Moreover, determining when it is safe to release a sex offender from custody is still difficult for practitioners. Such concerns have raised questions about alternatives to civil commitment. One potential alternative is the use of less restrictive measures, such as intensive community supervision. Another alternative is the use of indeterminate sentences for sex offenders. The cost of civil commitment programs has fueled debate about other viable means for managing dangerous sex offenders. Data show that civil commitment programs are expensive when compared with traditional incarceration or community supervision. The cost of civil commitment programs is expected to grow as more offenders are committed.
An issue for Congress is whether civil commitment is a sustainable policy for dealing with sexually dangerous persons, or whether there is a different way to manage this population effectively. The issue of civil commitment raises a series of concomitant questions: How much do civil commitment programs cost? How dangerous are sex offenders? Is sex offender treatment effective? Can sexually dangerous persons be defined and identified? Are there less restrictive alternatives for managing sex offenders?
This report will be updated as warranted.