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Abstract: 

This article, the third of a multipart article by Warren Maas, discusses due process issues post-commitment process. Parts I and II provided a general overview of the evolution of commitment procedures. (Warren Maas, “Erosion of Constitutional Rights in Commitment of Sex Offenders, Part I,” 6 (5) SLR 65 (Aug./Sept. 2005); Warren Maas, “Erosion of Constitutional Rights in Commitment of Sex Offenders, Part II: The Commitment Process,” 6 (6) SLR 81 (Oct./Nov. 2005).) The SPP statute continues to be used, but the standard of “utter lack of power to control sexual impulses” has lost its force. A literal rendering of “utter lack of power to control” is one who would never control his behavior. These cases have distorted the common sense definition of “utter lack of power to control.”

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Affiliations:  1: Hennepin County Commitment Defense Project.