Sexually Violent Predator Commitment for Individuals Found Incompetent to Stand Trial

• In Event: Lightning Talk: Systemic Issues in Criminal Justice: Changing and Challenging Legal Landscapes

Abstract

Sexually violent predator (SVP) commitment is permitted in 20 states and in federal law proceedings in the United States (U.S.), which involves the involuntary commitment of individuals who have been convicted or charged with a sexually violent crime and have a mental abnormality or personality disorder that increases their risk of committing a future sexual offense (Felthous & Ko, 2018). Of the states that have SVP laws, some allow for the commitment of defendants found incompetent to stand trial and not restorable (IST/NR). The SVP commitment of those found IST/NR raises legal concerns regarding the individual’s right to a fair trial under the Sixth Amendment. State SVP laws allowing the commitment of IST/NR defendants were investigated for potential variations in their outlined procedures. Most states (n = 8; i.e., New Jersey, Washington, New Hampshire, Iowa, Arizona, South Carolina, Massachusetts, Kansas) have very similar commitment procedures for those who are found IST, including the hearing process, legal decision-maker, standard of evidence, and other procedures. Interestingly, two states differed in important ways (i.e., New York and Virginia). We provide recommendations regarding how to avoid potential violations of an individual’s rights, along with other legal and ethical considerations.

Authors

• Samantha Matthews, Fairleigh Dickinson University

• Emma Fisher, Fairleigh Dickinson University

• Georgia Winters, Fairleigh Dickinson University