Sex offenders now have more than just other inmates to worry about, according to the U.S. Supreme Court, depending on the crime; sex offenders may have to spend indefinite time behind bars.
The U.S. Supreme Court ruled Monday (May 17) that the federal government now has the power to keep some sex offenders behind bars for life after they have served their sentences if officials determine those inmates may prove “sexually dangerous” in the future.
“The federal government, as custodian of its prisoners, has the constitutional power to act in order to protect nearby (and other) communities from the danger such prisoners may pose,” Justice Stephen Breyer wrote in a statement for the 7-2 majority.
The issue of the federal government deeming indefinite sentences necessary was originally determined after the passing of the 2006 Adam Walsh Child Protection and Safety Act. The law, which includes a provision allowing indefinite confinement of sex offenders was approved by most states until a federal appeals court in Richmond, Virginia, ruled lawmakers had overstepped their authority by passing it, prompting the current high court appeal.
Until then, most violent sex offenses were handled at the state level, and currently at least 20 states run programs in which sexual predators are held indefinitely or until they are no longer considered dangerous. The federal government’s civil commitment program is relatively new.
“The statute is a ‘necessary and proper’ means of exercising the federal authority that permits Congress to create federal criminal laws, to punish their violation, to imprison violators, to provide appropriately for those imprisoned and to maintain the security of those who are not imprisoned but who may be affected by the federal imprisonment of others,” Breyer continued.
Although many were for the interjection of the federal government, Justice Clarence Thomas said the federal government overstepped its bounds. Wow. Go figure he’s he the holdout.
“Congress’ power, however, is fixed by the Constitution,” Thomas wrote in opposition to the law. “It does not expand merely to suit the states’ policy preferences, or to allow state officials to avoid difficult choices regarding the allocation of state funds.”
The Adam Walsh act was named after the son of John Walsh, host of TV’s “America’s Most Wanted.” Adam was kidnapped and murdered by a suspected child molester in 1981.
The act also increased punishments for certain federal crimes against children and created a national registry for sex offenders.
