A new scholarly article from two professors of law (Tamara Rice Lave of the University of Miami School of Law and Franklin E. Zimring of UC Berkley School of Law), exposes how information was intentionally suppressed, resulting in “egregious mishandling of the Sexually Violent Predator (SVP) issue.”

For decades we’ve been hearing “frightening and high” in Court decisions and from politicians when talking about recidivism rates of sexual offenders. Those claims are the foundation for the existence of Civil Commitment Centers that indefinitely confine people deemed “Sexually Violent Predators”. 20 states have laws allowing for the indefinite involuntary “civil commitment” (ie: incarceration) of SVPs and as of 2016, there were 5,355 people committed to these civil commitment centers in the US, with an additional 1,001 detained pending commitment.

The professors uncovered a study from Dr. Jesus Padilla, a clinical psychologist, that was commissioned by California to study the recidivism rates of sexually violent predators. Dr. Padilla’s study (no surprise to us) revealed that the 5 year recidivism rates for SVPs (those considered the worst of the worst) were roughly six percent. Low!

For those familiar with Ira Ellman’s research debunking of the Supreme Court’s “frightening and high” myth and who have had the opportunity to read the numerous studies that have been done since (including ones from the US DOJ), know that recidivism rates for sex offenders are low. So why is Dr. Padilla’s study significant or different?

Because it appears that the California Department of Mental Health tried to quash the study at a critical time. When the future of SVP civil commitment programs were at stake.

The professors provide the following insight into why this would happen:

It would be hard to ignore a study showing that the vast majority of recently released individuals committed under the current SVP regime did not recidivate.The range of sexual danger found in the Padilla study is not substantial enough to justify permanent confinement, and this finding threatens the entire SVP apparatus.
If SVPs are no different than the “dangerous but typical recidivist convicted in an ordinary criminal case,” then the state has no constitutionally permissible reason to continue locking them away. And make no mistake; if SVP laws were to be declared unconstitutional, it would have a tremendous financial impact on the institutions used to house and treat SVPs. In 2006, the total civil commitment budget across the country totaled $454.7 million, with SVP states spending an average of $94,017 per year on each committed SVP.
It would have cost the DHM their $147million dollar annual budget, so at the expense of the lives and liberty of those committed, they suppressed the study… for money.
The scam continues today. California’s annual budget for their civil commitment program has since doubled to $288.8 million per year.
In Florida, we’re used to hearing Ron Book and his daughter, Lauren Book, shouting “100% will re-offend”, “it’s not a matter of if, but when!” What’s their interest? You guessed it… Money. Ron Book is the lobbyist for CCA, the private, FOR PROFIT, company that has the contract to run Florida’s Civil Commitment Center. The Books (and their counterparts in other states) continue to spew their bullshit in order to make tons of money!
Below is a link to the Article. Much thanks to the UM and UC law professors who put in the time and research to help expose this indignity. They remind us that there are still people out there who care about human rights and the Constitution!
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