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One Need Not Be Competent or Convicted to Be Subject to Civil Commitment  

Author:  Roslyn Myers, Ph.D., J.D..

Source: Volume 22, Number 04, June/July 2021 , pp.61-62(2)

Sex Offender Law Report

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Oliver White, a resident of Crow Agency, MT, who had been diagnosed with an intellectual disability, was indicted by successive federal grand juries in 2009, 2012, and 2016 for abusive sexual contact and aggravated sexual abuse of minor females (U.S. v. White, 927 F.3d 257 (4th Cir. 2019). In a decision that may be technically correct but suggests an overreach, the Fourth Circuit ruled that White could be subject to civil commitment, although he had not been convicted on any of the charges. To borrow a summary of the case, the ruling states that “an intellectually disabled defendant who was found not competent, not restorable, and not committable can be subjected to sexually dangerous person commitment proceedings.”

Keywords: Competency to Stand Trial; Section 4248 Proceeding; U.S. v. White

Affiliations:  1: Editor.

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