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Abstract: 

Sexually violent predator (SVP) commitment, which is permitted in 20 states and in proceedings under federal law in the U.S., 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 directly increases their risk of committing a future sexual offense. The criteria for who qualifies for SVP commitment varies by state. For instance, some states permit SVP commitment for an individual who was found incompetent to stand trial (IST) for the alleged sexual offense. This article examines and compares the legal statutes of states that permit SVP commitment of those who found to be IST and recommends a number of safeguards to ensure that the rights of persons deemed IST are upheld.

Keywords: Competency to Stand Trial; Dusky standard; Jackson v. Indiana, 406 U.S. 715; SVP and IST Procedures

Affiliations:  1: Fairleigh Dickinson University; 2: Fairleigh Dickinson; 3: Fairleigh Dickinson.