Information

What is civil commitment?

Civil commitment is a pre-crime preventative strategy implemented in Virginia in which sex offenders nearing completion of their sentences are screened and evaluated in an attempt to determine their possible risk of future offenses. It is basically double jeopardy and/or a second sentence for crimes they may or may not commit . The decision to commit is based on their predicate offenses, an evaluation by psychologists with whom they have had no interaction previously, and mental disorders not recognized by the American Psychiatric Association as pre-cursors to sex offenses. Even if they have had successful treatment while incarcerated, have had no behavioral infractions, and have taken every opportunity offered to them, they can, and often are, considered and tried for civil commitment.

When did it start?

Civil commitment began in Virginia in 2003 with a makeshift facility in Petersburg. In 2007, a facility built much like a prison, the Virginia Center for Behavioral Rehabilitation, was completed at an astronomical cost to taxpayers. Another facility is being built now and is expected to be full soon after it is completed. The cost is restrictive and would be better spent treating people with true mental illnesses, who are a real risk to themselves and/or others. If these men are mentally ill, that should be determined before they are sent to prison, and as with any other offense, they should serve their sentence in a mental facility being properly treated.

Exactly how does it work?

If an offender is determined to be a Sexually Violent Predator in civil court, (based on the specified criteria) by a judge or jury, or is tricked into admitting he is an SVP, he can either be committed to VCBR or conditionally released. If conditionally released, which is rare, he is required to wear GPS monitoring for an indefinite amount of time and is basically under house arrest. If he is committed, which is very common, he goes to VCBR for a minimum of one year and commences treatment. The "residents" are offered release hearings yearly after evaluations, but are rarely released for several years. If and when they are released, they are usually re-arrested and committed for minor violations having nothing to do with sex offenses and must start the process over again.

What is the facility like?

VCBR is much like a prison with barbed wire fences and few windows plus an inordinate amount of restrictions to personal freedoms. Guards are posted and report any minor infractions.

What is life like for the men living there?

The men are treated much the same as inmates, following a specific schedule with limited times for recreation, leisure, and limited opportunities for education or job training. They attend groups regularly and are required to complete phases of treatment to be considered for release. If they participate and share openly, anything they say will be used against them in court or could cause them to be demoted to a previous phase. If they don't share, they face the same consequences for not disclosing and participating fully. It is a no-win situation. Also, minor infractions to rules even if they are not aware of those rules, can demote them a phase or more. Physical and emotional abuse is rampant and many men just give up and accept (or are told) they will die in there.

Inconsistencies and Unjust Practices of Virginia Civil Commitment

Civil Commitment is a form of double jeopardy. No other offense, including murder, requires a second trial once a criminal sentence is completed.
Civil Commitment is punishment for a crime that may or may not occur. There is no tool or person that can predict future crimes. The American Psychiatric Association does not even recognize the practice of civil commitment as valid or necessary.
Civil Commitment is based on fear tactics and false security. The term Sexually Violent Predator causes unnecessary anxiety. The dictionary's definitions of "violent" and "predator" are a far cry from what the civil commitment statute reads. Recidivism rates for sex offenses are lower than any crime other than murder. A friend or neighbor who has never been convicted of a sex offense is just as or more likely to offend than someone who has been convicted and served time. Numbers may appear to be higher because many sex offenders are arrested for minor probation violations that have nothing to do with offending.
Civil Commitment statutes and laws are too broad. Terms need to be clearly measurable and mental illnesses need to be clearly defined. Narcissistic Personality Disorder and Anti-Social Disorder are NOT precursors to sex offenses. Also, the term "so likely" as stated in the SVP act, is not measurable and should be assigned a specifice percentage, which is difficult because as stated above, no tool or person can predict future offenses.
Civil Commitment is based largely on mental disorders; however, if an individual commits a crime because of a mental disorder, shouldn't that be determined BEFORE he is sent to the unsafe and unstable environment of prison? Mental health services should begin immediately, which with any other offenses they do. If that individual is not deemed mentally ill and is competent to stand trial and accept the consequences, then how at the end of his sentence can the state determine he has a mental disorder?
Civil Commitment violates civil rights, as an individual can be held "indefinitely" awaiting trials and hearings long after his release date. He has served his time and is no longer the responsibility of the Department of Corrections, and as such should not legally be treated as an inmate. As mentioned above, mental illness should be determined before sentencing, and certainly be decided well before the date of release. Most sex offense sentences are years in length which gives the Commonwealth more than enough time to make these decisions.
Civil Commitment is fiscally irresponsible. Housing a resident at the Virginia Center for Behavioral Rehabilitation costs the state over $100,000 per person per year. Evaluators are paid at least $8,500 per evaluation plus $1,200 each time they appear in court. These psychologists may be testifying on the notion of increased public safety; however, they may err on the side of the Commonwealth in order to continue employment for other cases. Also, court costs, prosecuting attorneys, court appointed attorneys, etc. increase the cost of this practice. Now a second facility is being built and is estimated to be filled to capacity within two years of completion.
Civil Commitment is based on unfair laws. Aggravated Sexual Battery can range from touching someone briefly over clothing to sodomy and object or other penetration. That definition is far too broad. Age of the victim is a factor, as it should be; however, that range of offenses should never be grouped into one crime and automatically deemed violent.
Civil Commitment treatment serves to shame the offender and does not promote healing. Any information an offender shares can and will be used against him in court. However, if he does not share, he is accused of not disclosing information and/or accepting responsibility which is also used against him. Trained psychologists are only employed to evaluate offenders, but do not work with them on a consistent basis. The opinions of those counselors that do work with offenders in individual and group therapy sessions on a regular basis are rarely taken into consideration when determination for release is decided. And of course, no psychiatrists are on staff because the APA does not believe in the practice of civil commitment. Most, if not all, people considered for civil commitment have had Sex Offense Residential Treatment (SORT) for years while incarcerated, and the therapy offered at VCBR is no different. As a matter of fact, many counselors at VCBR have previously facilitated and led groups for SORT.
Civil Commitment is a tool for political gain. Because of the fear and sensationalism revolving around sexual offenses, especially in today's climate, any actions that appear to dehumanize the sex offender are applauded and could result in furthering an individual's career. Also, any actions appearing to support sex offenders may injure a career. However, with so many convictions, public opinion may be changing because with the broad spectrum of these offenses, many people know and care about a so-called sex offender.
Civil Commitment is a lifelong sentence. If and when an offender is released from VCBR, he has very few opportunities for housing and employment and is forever under the microscope of the state. Any minor violations can cause him to be sent back even if the violation is not sexual in nature. Those who petition the court to have the SVP status removed after successful reintegration into the community are often denied a hearing by the judge for months and years.
Civil Commitment is a second prison in the guise of a mental hospital. Guards are employed at VCBR to watch any and all actions of the "patients" and report any infractions by those patients, no matter how minor. Freedoms are stripped, personal items are limited, mail is monitored, doors are locked, and bars and wire surround the compound. Any infractions, even those that have nothing to do with supposed mental disorders, are reported as negatively affecting treatment and the men are unable to complete the phases necessary for release. Even when the men leave the compound for court, they are sent to the local jails, forced to wear a jumpsuit, and handcuffed and shackled.
Civil Commitment is a discriminatory practice. Select groups are being targeted and stripped of their rights much like witch hunts, slave treatment, and racial and sexual orientation discrimination. Instead of being judged by the content of their character and the strides being made to improve themselves, these men are being lumped into one category as evil and unable to be rehabilitated.
Civil Commitment is, in essence, an ineffective tool for rehabilitation and does NOT increase public safety. Thirty states in the United States do not practice civil commitment and the crime and recidivism rates of those states are no greater than that of Virginia. Also, many European countries are using thorough, compassionate, research-based methods to curb sexual offenses and treat offenders with positive results.
Civil Commitment needs to be abolished in the Commonwealth of Virginia!