AMU Law Enforcement Public Safety

A Dangerous Predicament: Incarcerating “Sexually Dangerous” Offenders Without Trial

By Tim Hardiman

USA Today released a disturbing report today about the federal government detaining dangerous sexual offenders, even after their prison sentences had ended. The effort to indefinitely detain these men began six years ago when Congress instructed the Bureau of Prisons to start sifting out the most dangerous offenders as part of a broader crackdown on sex crimes. However, since then, the U.S. Justice Department has lost or dropped 61 cases against 136 men it sought to detain, according to the publication. Some of those men were incarcerated for more than four years without a trial.

These findings certainly raise serious questions about the system:

At least 40 of the 136 commitment cases the government has brought so far—nearly one in three—ended when the Justice Department simply dismissed them. Frequently, it did so years after the men’s criminal sentences had ended. In at least eight of those cases, court records show the government found other ways to keep the men locked up, but many of those convicted—including men with long track records of abusing children—simply went free.

This is a truly troubling report. On one hand, some men are in a Kafkaesque nightmare of being held in prison without a hearing. On the other, truly dangerous predators are being released—often to re-offend. Some states, including NY, have their own civil processes. The “Civil Management Act” is administered by the N.Y. State Department of Criminal Justice Services. Cases are referred to the Attorney General who may decide to seek civil management. The person being “managed” is entitled to a jury trial and a unanimous verdict is required in order to be committed.

I’ve sent a request to New York State asking how many people they are currently “managing.” At least after the first reading, it looks like New York is doing a better job than the federal government in this area. There are certainly men who are too dangerous to be set free even after their sentence expires. But we do believe in due process in America and the decision to incarcerate someone—in prison or in a mental hospital—should always be made in the judicial system, never by government bureaucrats.

 ~Tim Hardiman retired as an Inspector with the NYPD after 23 years of service. Tim is a graduate of the 194th Session of the FBI National Academy. He holds a Master of Public Administration Degree from Marist College. Tim has been teaching various criminal justice courses at APUS since 2004 and is the Director of Business Development, Law Enforcement since his retirement from the NYPD. Tim also serves as a Technical Advisor for the popular TV series, Law & Order: SVU.

Leischen Kranick is a Managing Editor at AMU Edge. She has 15 years of experience writing articles and producing podcasts on topics relevant to law enforcement, fire services, emergency management, private security, and national security.

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