Report of the Committee to Study Sexually Violent Persons

You asked for a summary of the report submitted to then-Governor Rowland by the Committee to Study Sexually Violent Persons. You were especially interested in the committee's views on civil commitment.

In response to public concern about the danger posed by violent sex offenders upon their release from incarceration, then-Governor John Rowland organized an interagency committee in 1998 to examine the state system for managing sexually violent offenders and assess strategies for improving it.

The committee consisted of representatives from the Mental Health and Addiction Services, Correction, Children and Families, Public Safety departments; the offices of Policy and Management, Attorney General, Chief State's Attorney, Chief Public Defender, Probate Court Administrator, and Protection and Advocacy; Judicial Department; Parole Board; and Psychiatric Security Review Board.

Over five months, the committee researched approaches taken by other states to address this issue and recommended what it thought best for Connecticut given the other states' experiences, the scope of the problem here, and the work that had already been done.

The committee found that although at least 10 states enacted statutes providing for the civil commitment of sex offenders after they complete their sentences, states generally employed a variety of different strategies to incapacitate sex offenders and reduce recidivism. It examined states that (1) implemented civil commitment statutes, (2) were considering civil commitment, and (3) rejected it. After its assessment of these states, the committee concluded that Connecticut's mental health system should not be compromised for a criminal justice outcome. It also concluded that the state's criminal justice system offered the quickest, most cost-effective means to protect the public from sexually violent people. The committee reached this conclusion after finding that major improvements to the criminal justice system had already been implemented to ensure the public's safety from violent offenders, including special terms of probation and parole, sex offender registration, truth in sentencing guidelines, and specialized intensive monitoring of sex offenders in the community on probation or parole.

During five months in 1998 the committee reviewed the nature and scope of the danger violent sex offenders posed upon their release from incarceration; reviewed the civil commitment process; researched strategies used by other states to incapacitate sex offenders and reduce recidivism; and heard testimony from experts on (1) legislation regarding sexually violent persons, (2) treatment of sex offenders, and (3) sex offender evaluations, risk assessments, and recidivism.

● 931 inmates incarcerated for violent sex offenses. Of these, 550 were expected to be released to parole or discharged during the 98-99 fiscal year, 207 had mental problems, and 37 had moderate to severe mental illness.

● The civil commitment process began with a determination that a person currently had psychiatric disabilities and was gravely disabled or dangerous to him or herself or others. The person to be committed (respondent) had a right to (1) a hearing conducted by a three-judge court, (2) counsel, and (3) cross-examine witnesses. The respondent also had to be examined by at least two court-appointed practicing psychiatrists.

● Other states employed a variety of different strategies to incapacitate sex offenders and reduce recidivism. The committee examined states that (1) implemented civil commitment of sex offenders, (2) were considering the policy, and (3) rejected it.

Based on its reviews and information provided by experts, the committee's major findings were:

● Public safety should be the primary consideration when deciding on alternative approaches for dealing with violent sex offenders.

● Violent sex offenders serve most of their sentences incarcerated.

● Repeat sex offenders do not necessarily suffer from a mental illness. Sex offending behaviors are not caused by mental illness in a majority of cases.

● Repeat sexual violence is a criminal behavior for which the offender must be held accountable.

● Treatment of sex offenders is sometimes effective in reducing recidivism. Although sex offenders do not typically seek treatment, mandated, specialized, and tightly coordinated treatment with strict oversight and supervision is effective with some offenders.

● Sex offender assessment prior to treatment planning is critical.

The committee's recommendations centered around the need for (1) additional legislation and resources to increase the court's ability to impose appropriate lengths of incarceration, (2) longer periods of post-release supervision, and (3) effective treatment within and outside of institutions. Specifically, the committee recommended:

1. tougher up-front sentencing for adult sex offenders;

2. community supervision for juvenile sex offenders;

3. that agencies with custody or supervision over juveniles report predatory sexual behavior to appropriate authorities;

4. expanded and uniform sex offender assessments;

5. state-of-the-art research on prevention, treatment, and training methods;

6. specialized training for judicial and executive branch personnel;

7. the development of a comprehensive juvenile offender database;

8. enhanced treatment for all sex offenders, including inmates and juveniles;

9. expanded probation for adult and juvenile sex offenders;

10. expanded intensive sex offender supervision units to supervise sex offenders on parole;

11. enhanced information sharing among state agencies; and

12. the mandatory screening of certain sex offenders nearing release by the Department of Correction; referral for a comprehensive evaluation of inmates deemed eligible for civil commitment based on this screening, expert evaluation, including a risk assessment; start of civil commitment process.

The committee found three reasons why civil commitment should not be used to protect the public from sexually violent offenders. First, using civil commitment to detain and incapacitate, rather than to treat psychiatric disorders, would collapse the important distinction between criminal punishment and mental health treatment and would have significant effects on both the mental health and criminal justice systems.

Second, in order to confine sex offenders within the mental health system through civil commitment, the state would need to create and fund a quasi criminal justice system within the mental health system, including courts, experts, procedures, and facilities. Based on other states' experiences protracted litigation would likely ensue.

Third, reformulating the mental health system would be extremely costly and take years to accomplish. Other states reported that mental health dollars were reallocated from providing services to citizens with psychiatric disabilities to the high security warehousing of sex offenders and litigation.

The committee believed that only those offenders whose behavior is related to, or a manifestation of, a mental illness should be candidates for civil commitment.


November 28, 2007		2007-R-0684
REPORT OF THE COMMITTEE TO STUDY SEXUALLY VIOLENT PERSONS

By: Sandra Norman-Eady, Chief Attorney