First Sexually Dangerous Individual Committed Under New Adam Walsh Child Protection and Safety Act

Now we see the fight between circuits begin, if folks remember the 4th Circuit held AWA Civil Commitment unconstitutional, but here in the 1st Circuit apparently it is constitutional. Who wins? Time for an upper court to decide..

2-12-2009 Massachusetts:

BOSTON, Feb. 12 /PRNewswire-USNewswire/ -- After a ten-day trial before Judge Patti B. Saris (Federal District Court Judge), Jeffrey Shields of Bath, Maine, was civilly committed to the custody of the Federal Bureau of Prisons as a sexually dangerous person. Shields is the first individual in the country to be civilly committed to federal custody as a sexually dangerous person.

In July 2006, Congress enacted the Adam Walsh Child Protection and Safety Act of 2006, Pub.L. No 109-248, 120 Stat. 587 (2006), to combat sexual violence and to protect children. The legislation created, for the first time, a federal civil commitment program for sexually dangerous persons. To commit an individual under its provisions, the Government must establish that an individual: (1) had engaged in child molestation or sexually violent conduct in the past; (2) suffers from a mental illness, abnormality or disorder; and (3) would, because of that illness, abnormality or disorder, have serious difficulty in refraining from future acts of child molestation or sexually violent conduct in the future.

Evidence presented during the trial proved that Shields had numerous prior sexual offenses against children. In May of 1988, Shields was convicted of making obscene phone calls to two boys in Wakulla County, Florida. In January of 1989, in Camden, Maine, Shields fondled the genitals of a thirteen-year-old boy after luring him to an abandoned building. In April of 1989, Shields committed an indecent assault on a nine-year-old boy in an elementary school bathroom in Florida. In July of 1989, Shields sexually assaulted a fourteen-year-old boy in the bathroom of a private school in Bath, Maine and in September of 1989, Shields sexually assaulted a six-year-old boy outside the same school. In March of 1998, in Portland, Maine, Shields engaged in unlawful sexual contact with a twelve year old boy. While on probation for his 1998 offense, Shields was arrested by the Portland Maine Police for possession of child pornography and Shields later pled guilty to federal child pornography charges.

At trial, three psychologists opined that Shields suffered from pedophilia, a recognized mental disorder. In finding Shields sexually dangerous, Judge Saris found that, as a result of his pedophilia, Shields would have serious difficulty in refraining from future acts of child molestation if released into the community.

"When the Adam Walsh Act was passed in 2006, it sought to strengthen federal laws to protect our children. The civil commitment of Jeffrey Shields is one step toward keeping our children safe from sexual predators," said U.S. Attorney Michael J. Sullivan.

Pursuant to the provisions of the Adam Walsh Act, upon finding that he is a sexually dangerous person, Shields is committed to the custody of the Attorney General.

The case was handled by Assistant U.S. Attorneys Mark Grady and Eve Piemonte-Stacey, of Sullivan's Civil Division. ..News Source.. by U.S. Attorney's Office