Folks, if this is true and it appears to be so, then the Adam Walsh Act is AGAIN unsettling more state laws. And, this will be true in the other 19 states where they have civil commitment laws and tribes.5-20-2010 Minnesota:
The court’s syllabus:
The state does not have jurisdiction pursuant to Public Law 280 to civilly commit an enrolled member of a federally recognized Indian tribe as a sexually dangerous person under the Minnesota Commitment and Treatment Act. But in the absence of express congressional consent, the state does have jurisdiction to civilly commit an enrolled member of a federally recognized Indian tribe as a sexually dangerous person under the commitment and treatment act where, as here, federal law does not preempt state jurisdiction and exceptional circumstances exist.
The Minnesota Court of Appeals decision is here.
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