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Sexually Violent Predator Act


In the United States, some jurisdictions may commit certain types of dangerous sex offenders to state-run detention facilities following the completion of their sentence if that person has a "mental abnormality" or personality disorder that makes the person likely to engage in sexual offenses if not confined in a secure facility. Twenty U.S. states, the federal government, and the District of Columbia have a version of these commitment laws, which are referred to as "Sexually Violent Predator" (SVP) or "Sexually Dangerous Persons" laws.

Generally speaking, SVP laws have three elements: (1) That the person has been convicted of a sexually violent offense (a term that is defined applicable statutes) (2) That the person suffers from a mental abnormality and/or personality disorder, which causes him/her serious difficulty controlling his/her sexually violent behavior. (3) That this mental abnormality and/or personality disorder makes the person likely to engage in predatory acts of sexual violence if not confined in a secure facility.

A "mental abnormality" is a legal term of art that is not identical to a mental disorder, though experts generally refer to diagnoses contained in the Diagnostic and Statistical Manual of Mental Disorders (DSM) as evidence of a mental abnormality.

In most cases, commitment as an SVP is indefinite; however, once a person is committed, the confining agency is constitutionally required to conduct periodic reviews of that person's mental condition. If the committed person's condition changes so he/she no longer meets commitment criteria, he/she must be released. In some circumstances, committed persons can be released to court-monitored conditional releases to less restrictive alternative placements (LRAs).

In 1990, the first SVP law was established in Washington following two high-profile sexual assaults and murders by Earl Kenneth Shriner and Gene Kane. In response to the attacks, Helen Harlow - the mother of Gene Kane's victim - formed a group known as The Tennis Shoe Brigade in order to put pressure on state government to change the laws related to sex offenders. Washington Governor Booth Gardner formed the "Task Force on Community Protection" to consider possible solutions.


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