February 13, 2011

Some say proposal could threaten constitutionality of Va's program to detain sex offenders

2-13-2011 Virginia:

RICHMOND, Va. (AP) — A proposal to allow sexual predators awaiting annual civil commitment reviews to be held with jail inmates has some lawmakers calling the measure unconstitutional and a threat to the treatment program.

Virginia law bans mingling those held after their prison sentences for treatment with those serving active sentences.

Civil commitment programs have been upheld by the U.S. Supreme Court, but only so long as the detainment is for treatment, not further punishment.

But the Senate has unanimously endorsed a proposal advanced by the Attorney General's office that would put into law what has been the practice for years.

The House removed the provision from its version of the bill amid fears it is unconstitutional.

There are more than 200 offenders civilly committed in Virginia. ..Source.. by DENA POTTER

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