Indefinite Treatment Law Upheld in Arizona

by Seven 6 Replies latest jw friends

• 

  Seven

  I received this news item in my email today-thought it might be of interest to some.

  Indefinite Treatment Law Upheld Arizona Court Favors Confining Sexually Violent Predators Indefinitely By Alisa Blackwood The Associated Press P H O E N I X, July 12 — The Arizona Supreme Court today upheld a law that allows the state to keep sexually violent predators confined indefinitely for treatment after they've served their criminal sentences.

  The Court of Appeals had ruled Feb. 15 that the law was unconstitutional because it did not require a finding that a person was unable to control urges to commit sex crimes. Arizona Attorney General Janet Napolitano argued in May that the law applied only to violent sexual predators. "I think the court correctly recognized that this is a narrowly drawn statute to deal with the worst of the worst," Napolitano said today. Confined Even After Finishing Sentence The 1995 law allows civil confinement of individuals judged to be sexual predators who would pose a danger to others if released. Confinement can occur even after the individuals finish prison terms on criminal convictions. Arizona has approximately 135 men confined under the law. Judges had ordered two released because of the Court of Appeals ruling, but today's Supreme Court ruling allows both to remain confined. The case was similar to one in Kansas where an individual fought that state's sexually violent predator laws. The Kansas law was upheld by the U.S. Supreme Court. The cases are Leon G., CV-01-0062-PR, and Eric Walker, CV-01-0063-SA.
  Copyright 2001 The Associated Press. All rights reserved.

  Keeping an open mind is virtue-but not so open that your brains fall out.-James Oberg
• 

  Not Perfect

  Thanks for the info. Wish that California would do the same,
  before my rapist gets out of San Quentin in a month. I know that
  I will be safe, but what about all the other ladies out there that
  won't have a clue?
• 

  crossroads

  Thanks Princess, so many children go missing out
  here it makes your head spin. I knew there was much
  debate going on about this but I didn't know it was upheld.
• 

  mommy

  Wow Seven,
  I did not even know this law existed. To often people are put into prison, but not treated. What if they do recieve treatment? Are they to remain there for the rest of their life?

  Not perfect,
  My stomach rolled as I read your comment. What an awful experience you must have gone through. Recently a friend of mine tearfully admitted her experience with rape, I had no words, I cried with her. I suggest you take an ad out in the paper, with his pic and vitals. When he is released, then all who read it can be warned. If you need help with $, I will be willing to throw some your way, for a cause such as this. I want to welcome you to the forum, and suggest you get to know Seven more, she is a great gal, with alot of insight.

  My hubby is one of Seven's biggest fans, but hardly gets to see her pretty face on the main forum anymore. Great to see you staying on top of things Seven, and keeping us informed. I miss you
  wendy

  In a controversy the instant we feel anger, we have already ceased striving for the truth, and have begun striving for ourselves.
• 

  Seven

  Hi Not Perfect, Check out the following web sites for information/links regarding the laws in your state. http://www.sexoffenders.com and http://www.sexualpredators.com "The state of California does not provide a Web site with information on or names of registered sex offenders. This information is distributed by the state through the use of a CD-ROM available at local law enforcement agencies. The state also provides a Sex Offender Identification Line (1-900-463-0400) for a fee of $10."
  I look forward to getting to know you better.

  Hey Wendy! Good to see you.

  Are they to remain in prison for the rest of their life?

  I don't know. This was a recent topic for discussion at a survivors group I attend. Like Not Perfect, we were more concerned with future victims than ourselves. The following is from a case in Washington state from January of this year. If you'd like to read it in it's entirety, use the click. http://law.about.com/gi/dynamic/offsite.htm?site=http://laws.findlaw.com/US/000/99%2D1185.html

  Respondent, Andre Brigham Young, was convicted of six rapes over three decades. App. to Pet. for Cert. 33a. Young was scheduled to be released from prison for his most recent conviction in October 1990. One day prior to his scheduled release, the State filed a petition to commit Young as a sexually violent predator. Id., at 32a.
  At the commitment hearing, Young's mental health experts testified that there is no mental disorder that makes a person likely to reoffend and that there is no way to predict accurately who will reoffend. The State called an expert who testified, based upon a review of Young's records, that Young suffered from a severe personality disorder not otherwise specified with primarily paranoid and antisocial features, and a severe paraphilia, which would be classified as either paraphilia sexual sadism or paraphilia not otherwise specified (rape). See generally American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders 522-523, 530, 532, 634, 645-646, 673 (4th ed. 1994). In the state expert's opinion, severe paraphilia constituted a mental abnormality under the Act. The State's expert concluded that Young's condition, in combination with the personality disorder, the span of time during which Young committed his crimes, his recidivism, his persistent denial, and his lack of empathy or remorse, made it more likely than not that he would commit further sexually violent acts. The victims of Young's rapes also testified. The jury unanimously concluded that Young was a sexually violent predator. Respondent, Andre Brigham Young, was convicted of six rapes over three decades. App. to Pet. for Cert. 33a. Young was scheduled to be released from prison for his most recent conviction in October 1990. One day prior to his scheduled release, the State filed a petition to commit Young as a sexually violent predator. Id., at 32a.
  At the commitment hearing, Young's mental health experts testified that there is no mental disorder that makes a person likely to reoffend and that there is no way to predict accurately who will reoffend. The State called an expert who testified, based upon a review of Young's records, that Young suffered from a severe personality disorder not otherwise specified with primarily paranoid and antisocial features, and a severe paraphilia, which would be classified as either paraphilia sexual sadism or paraphilia not otherwise specified (rape). See generally American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders 522-523, 530, 532, 634, 645-646, 673 (4th ed. 1994). In the state expert's opinion, severe paraphilia constituted a mental abnormality under the Act. The State's expert concluded that Young's condition, in combination with the personality disorder, the span of time during which Young committed his crimes, his recidivism, his persistent denial, and his lack of empathy or remorse, made it more likely than not that he would commit further sexually violent acts. The Respondent, Andre Brigham Young, was convicted of six rapes over three decades. App. to Pet. for Cert. 33a. Young was scheduled to be released from prison for his most recent conviction in October 1990. One day prior to his scheduled release, the State filed a petition to commit Young as a sexually violent predator. Id., at 32a.
  At the commitment hearing, Young's mental health experts testified that there is no mental disorder that makes a person likely to reoffend and that there is no way to predict accurately who will reoffend. The State called an expert who testified, based upon a review of Young's records, that Young suffered from a severe personality disorder not otherwise specified with primarily paranoid and antisocial features, and a severe paraphilia, which would be classified as either paraphilia sexual sadism or paraphilia not otherwise specified (rape). See generally American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders 522-523, 530, 532, 634, 645-646, 673 (4th ed. 1994). In the state expert's opinion, severe paraphilia constituted a mental abnormality under the Act. The State's expert concluded that Young's condition, in combination with the personality disorder, the span of time during which Young committed his crimes, his recidivism, his persistent denial, and his lack of empathy or remorse, made it more likely than not that he would commit further sexually violent acts. The victims of Young's rapes also testified. The jury unanimously concluded that Young was a sexually violent predator.

  Btw, Wendy, give hubby and the kids a hug and enjoy the remaining days
  of summer.

  seven
• 

  Not Perfect

  Thanks for all your words of support. Thanks 7 for bringing this
  topic up for discussion. It is most important for all the silentlambs
  out there. It is very improtant that they know that their violaters
  will be held accountable.

  Mommy,

  Rape isn't a pretty thing and I'm glad that your friend had the saftey
  to admitt such a thing to you. It isn't something that everyone will
  tell just anyone. When I told my MOMMY what had happened, she just told me that it was "my fault", without knowing any of the details. I hope that your friend hasn't experienced that kind of reaction from her family or close friends.

  I don't think that an ad in a Ca. paper would be legal (which I can afford), but thanks for the idea. After 9+ years in prison, I can't imagine that he looks the same.

  7of9: Thanks for the web-site. Hopefully there are others out there that will be able to use the infomation that you have provided.

  My offender will be getting out in a few months. 18 year sentence on a plea bargain. He was up for 35 years, but plead out. He had assulted a woman when he was 15 and spent his youth in CYA (California Youth Authority). He beat her up and put her in the hospital. I can only imagine what he will do to his next victim. After being in a state prison, he will probably kill her. That is something that I have always known could be the possibility. I do want to protect any potential victim.

  For anyone out there that is a victim of such a crime, or knows of someone that is a victim, please help them. Help them to know that THEY are not what happened to them. Nothing that they have done is THEIR FAULT!

  For all the silent lambs out there, you aren't alone. The statistics show that one in three women will have this experience in their life. If you were a child and a victim, my heart goes out to you. I can't imagine how you could have delt with the situation without adult experiences. Don't be silent anylonger.

  Thanks to all, Not Perfect, and never will be.
• 

  Slasher

  Too bad there is no correction in correctional facilities