diagnosed as a disorder listed in the Diagnostic and
Statistical Manual of Mental Disorders,fourth edition,
text revision (DSM-IV-TR). Because the disorder must
“predispose” the offender to sexually re-offend, sex
offenders who meet criteria typically display a para-
philia (e.g., pedophilia) or personality disorder (e.g.,
antisocial personality). The likelihood of future sexual
violence is usually determined through the use of actu-
arial risk assessment instruments, which estimate the
probability of re-offense by using a formula incorporat-
ing risk factors statistically associated with recidivism.
The most commonly used instrument for this purpose is
the STATIC–99.
Determination of whether a sex offender meets crite-
ria for civil commitment is a multistep process. In most
states, the first step is a record review of sex offenders
due to be released from prison. The screening identifies
inmates who display a multitude of risk factors for sex-
ual re-offense. These individuals are then referred for a
more thorough face-to-face evaluation and risk assess-
ment by a psychologist or psychiatrist. If the individual
is found to meet the statutory criteria for commitment, a
trial is held in which the state and the offender present
evidence that is heard by a judge or a jury. Most states
use a legal threshold of “more likely than not” to quan-
tify re-offense risk. If found by the trier of fact to be an
SVP, the individual is confined indefinitely for treatment
in a secure facility, usually with yearly evaluations, until
his risk to re-offend has diminished sufficiently to be
returned to the community.
States differ somewhat in their implementation of
sex offender civil commitment criteria. For instance,
California requires that individuals evaluated for com-
mitment have two or more sex crime arrests, while
Florida allows commitment proceedings for any
offender with a past conviction for a sexual crime—
even if the sexual crime is not the offense for which
the inmate is currently incarcerated. Other states, such
as Illinois, Pennsylvania, Washington, and Wisconsin,
allow juveniles to be considered for commitment.
New Jersey requires a “pattern of repetitive, compul-
sive behavior” and Minnesota requires a “psycho-
pathic personality,” while other states require a history
of “predatory behavior.” Though the vast majority of
civilly committed sex offenders are male, most states
allow females to be considered for commitment.
Nationally, it is estimated that approximately 5% to
12% of sex offender inmates are referred for civil com-
mitment proceedings. Child molesters account for the
majority of individuals committed under SVP statutes
(approximately 51% to 76%), with the remainder beingrapists. Most state laws appear to exclude from their def-
initions those offenders who have had only incestuous
victims or those who have not had physical contact with
a victim (e.g., exhibitionists).Mad or Bad?
The goals of sex offender civil commitment statutes
have sparked controversy and debate among mental
health professionals and legal scholars. Although the
civil commitment of SVPs implies rehabilitation, some
argue that punishment, isolation, and incapacitation are
its primary purposes. Others question whether sex
offender civil commitment criteria conform to the tradi-
tional concept of mental illness as established by courts
to justify psychiatric civil commitment. The “mad or
bad?” debate argues that if sex offenders are truly men-
tally ill, they should have qualified for an insanity
defense or traditional psychiatric commitment in lieu of
criminal sentencing. If sex offenders are responsible
moral agents and were, therefore, appropriately tried
and punished through the criminal justice system, then
culpability and mental or volitional impairment should
be mutually exclusive.Jill S. LevensonSee alsoSex Offender Assessment; Sex Offender Recidivism;
Sex Offender Treatment; Sex Offender TypologiesFurther Readings
Kansas v. Crane,534 U.S. 407 (2002).
Kansas v. Hendricks,521 U.S. 346 (1997).
Levenson, J. S. (2004). Sexual predator civil commitment:
A comparison of selected and released offenders.
International Journal of Offender Therapy and
Comparative Criminology, 48(6), 638–648.
Levenson, J. S., & Morin, J. W. (2006). Factors predicting
selection of sexual offenders for civil commitment.
International Journal of Offender Therapy and
Comparative Criminology, 50(6), 609–629.SEXOFFENDERCOMMUNITY
NOTIFICATION(MEGAN’SLAWS)
Sexual assault is a serious social problem of great
concern. The U.S. Department of Health and Human
Services estimates that approximately 100,000 casesSex Offender Community Notification (Megan’s Laws)——— 721S-Cutler (Encyc)-45463.qxd 11/18/2007 12:44 PM Page 721