Some Va. sex offenders held long after sentence up

[discocrisco01]

Source: Associated Press

RICHMOND, Va. (AP) — Having already served their sentences, hundreds of Virginia sex offenders are held behind bars for months — some for years — while waiting to see whether they'll be sent to a psychiatric center indefinitely, an Associated Press review has found.
Judges acting on the requests of both prosecutors and defense attorneys routinely shrug off the legal deadline for making that decision, leaving the inmates in limbo well beyond their designated punishment and without access to the very kind of treatment the state says they may need.
Attorneys and authorities blame the delays on court backlogs and note that in some cases, the postponements benefit the inmates.
Either way, the result is that just one out of six cases gets decided by the deadline, which the law says should be extended only for "good cause," according to figures obtained by the AP through a series of public records requests.
Virginia and 19 other states allow certain sex offenders to be detained at psychiatric facilities after their sentences are served if they have a mental disorder that would make them more likely to offend again. In Virginia, the Attorney General's Office files a civil petition to deem someone a sexually violent predator, and a judge and jury decide whether the offender should be committed.

Read more: http://www.google.com/hostednews/ap/article/ALeqM5iKdiDyKx4oI3_v6fD-sfM50vQ-ew?docId=763c93398a7b4b9a94158843d51dfcb2

[JackDragna]

1. But hey, they don't get rights, right?

..because rights are only for the people we say get them.

[guyton]

2. love this quote ...

The Attorney General's Office argues that speedy trial rights don't apply in such cases — these are civil rather than criminal proceedings.

Um, except that they are being held in prison while awaiting their civil proceeding. WTF?!

Oh well, they're just sex-offenders who've served their time. Nothing to see here. Everyone move on. Don't worry about that quaint old Constitution thingie.

[msanthrope]

3. The VA legislature is the problem here. The need to change the assessment tool that's used.

The Static-99 is causing the problem here...

"The Static-99 involves 10 questions meant to predict the likelihood of a repeat sex crime. Offenders get points for predictors that range from their criminal history to whether they have lived with a lover for more than two years.

Since Virginia began using the Static-99, the number of those determined eligible for commitment jumped from about 7 percent of all sex offenders being released from prison to about 25 percent.

Offenders who score a 5 or above — or above a 4 if the crime included violence against children — are referred to a committee. Members evaluate the prisoner to determine whether to recommend that the Attorney General’s Office file a civil case to have the person declared a sexually violent predator eligible for commitment. A judge and jury make the final determination.

SNIP

Out of the 20 states with civil commitment programs, Virginia is the only one that relies solely on the Static-99 as a screening tool. Other states that use it allow mental health professionals to administer the test and determine if the offender is a real threat."

http://www.washingtonpost.com/blogs/crime-scene/post/va-assessment-of-sex-offenders-flawed-study-says/2011/11/15/gIQAefmLON_blog.html

[alp227]

4. and the Supreme Court approved this in US v. Comstock

but if those sex offenders are really worth indef sentences why not just sentence them to life?

[sarcasmo]

5. Kick.