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18 Dev. Mental Health L. 1 (1998)

handle is hein.journals/dvmnhlt18 and id is 1 raw text is: Developments in Mental Health Law The Institute of Law, Psychiatry & Public Policy - The University of Virginia Volume 18, Numbers 1 & 2 January-December 1998 Hendricks and the Future of Sex Offender Commitment Laws by Eric S. Janus In its 1997 Hendricks decision, the United States Supreme Court upheld the constitutionality of the Kansas Sexually Violent Predator commitment law. In important ways, the decision gives states the green light to use civil commitment as a tool to address sexual violence. More broadly, the decision answers a number of questions about the constitutional limits on the use of civil commitment. Despite the answers, questions remain, particularly about the practical application of these constitutional limits. During the two years since Hendricks was decided, several important lower court decisions have begun to shed light on these questions. However, the most significant limits on the use of civil commitment will come from legislative and administrative policy decisions. I. Sex Offender commitments Sex offender commitments deploy civil-commitment-style confinement to address sexual violence. Beginning in the late 1930's, states began to enact civil commitment laws aimed at mentally disordered sex offenders. Eventually, such laws were enacted in over half the states. Eric S. Janus is Professor of Law, William Mitchell College of Law, St. Paul, Minnesota. The author has served as co-counsel in litigation challenging the constitutionality of Minnesota's Sexually Dangerous Persons Act. Editor's note: While this issue of Developments is intended to cover relevant 1998 topics, it was published in 1999, and Professor Janus includes some 1999 cases in the discussion. Also in this issue: Federal Courts p. 4 Virginia Courts p. 14 Other State Courts p. 19 Book Reviews p. 46 Sex Offender Statutes p. 25 Medical Ethics & Human Rights p. 29

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