After serving their criminal sentence, these men discover their punishment may never be over.
Under this legal mechanism, which exists in at least 20 states and the District of Columbia, individuals convicted of certain sexual offenses (or in some instances convicted of nothing), and deemed to have a mental disorder and constitute a danger to society, can be involuntarily committed to “treatment” facilities after they’ve already served their criminal sentence. While in civil commitment, individuals are supposed to receive mental healthcare and regular examinations, and to be released once it is determined they are no longer dangerous. As the statute that established civil commitment in Illinois in 1998 puts it, individuals are to receive “control, care and treatment until such time as the person is no longer a sexually violent person.”
Yet, In These Times spoke with people held in civil commitment, rights advocates, scholars and lawyers who say that, instead of receiving effective treatment, people held under civil commitment statutes are subject to prison conditions, inadequate mental healthcare, scientifically dubious evaluations, and homophobic bias; they are deprived of meaningful due process; and they have little hope of getting out anytime soon.
This is known as the Jimmy Ryce Act, 34 U.S. Code 20971, which can be enacted by any State Attorney General in any State Jurisdiction.
In Florida, during one’s sentencing stage, it is to be orally pronounced and put into the written record.
Is it not absurd, that a person being convicted who has been determined to have full mental capacity during that time, BUT, then after they complete their state mandated sentence, they NOW ‘become’ mentally ill and can be further detained?…That is against any other Legal Principle I have ever heard of…
During my sentencing, the Judge said to me, ‘Well, Sir, Unfortunately, I am compelled by law to read this to you (Jimmy Ryce Act)” , as I stood there in bewilderment and amazement, I just shook my head and gave a blanket stare to the Judge and gave the middle finger to the Prosecutor; I was not reprimanded…(‘Yeah, I maybe Crazy!….Geez!’)….Then the Bailiff, who’s hand was shaking while she swabbed my mouth for the DNA Sample, said to me very quietly, “This is crazy, isn’t it?” I nodded yes as I left the Court Room to begin my 10 year probation sentence and 1.6 months later, my PO illegally violated me and I was sent to state prison for 26.5 months, and was released without being ‘Jimmy RYCED’
I NEVER KNEW Jimmy Ryce, and Jimmy Ryce’s demise should not have to AFFECT any of us!
Everytime I read about civil commitment I feel sick to my stomach. How can this even exist?! How can people – even pro registry people – be ok with this?! If you told me this only happened 50 years ago in some far away country, I MIGHT believe it. But this is present day United States!
I feel sick.
These people are being held in prisons without criminal charges.
This is equivalent to Guantanamo and other shadow prisons!
Our constitution used to be obeyed!!
“Civil confinement” is a fancy term (well not not really that fancy just deceptive) for “domestic terrorism of an American citizen ON American soil” by state and federal government.
Got to admit that “civil confinement” sounds better than “held as a prisoner” by the state – really doesn’t sound much like “the land of the free” which is the official sound bite bullshit slogan of this once great country!
This is a subject that is close to my heart. You see, I have a close friend who is in the FCCC camp here in Florida. I keep in close contact with him and he is even willing to write someone connected with FAC should the occasion arise.
As I understand it, Florida law one is eligible for commitment IF they have multiple crimes. Not first timers. According to my friend (I will call him Mike), that is for the most part true, although there are some f*****d up cases just like in DOC.
It is NOT run by the Department of Corrections, but rather Children and Families. Might seem like a contradiction, but there it is. Then, it is sub-contracted out to a private prison facility. According to him, the staff is, for the most part, professional and courteous, something which came as a refreshment after a dozen years in DOC. And, he has put on weight due to the quality and quantity of food.
According to Mike, the absolute soonest that someone can be released after having completed the program is 5 1/2 years. But no one has done it. And yes, he knows of several people who have been there more than 20 years.
For those reading this who have been in prison, there are no “go back to your cells” for count, you can come and go as you please from the dorm (within hours of course). You do your own laundry. You get paid for your job assignment. You seal your mail and it is opened in front of you.
Now, if you think I am painting a rosy picture of the place, you are wrong. I call in every week. (Note the CALL IN) However, my friend Mike also admits that he has a problem. He went here after his third sex offense. So he is content (mostly) to go through the program to find out what is wired wrong.
They do have issues with keeping staff. Not the guards, so much, but the therapists.
The problem I have is that here in Florida, one generally goes to a mental institution FIRST, then to prison for other types of crimes. But for sex offenses, it is the opposite. Do your time–a year, five years, twenty years and THEN be held indefinitely. One would think it ought to be the other way around.
Anyway, I tend to get “wordy”. My apologies to anyone who thinks I did. As for “Mike”, he will be glad to know that FAC has noticed those in his position. He’s been there three years and is not quite halfway through the program.
I am glad to be his voice. If anyone (especially the powers that be in FAC) have specific questions, feel free to ask. If I don’t know the answer, I will ask him directly next time I call.
P.S. according to him, capacity is roughly 750 beds and they have been reducing that number and they are currently roughly 525 occupied beds. In other words, people are going home.
Hi, I wanted to say thank you so much for the information on the conditions and treatment of people here in the centers in FL. I am glad to hear they are treated fairly well. I have a friend who has been in the system for far too long, over 10 years I haven’t been able to get in touch with him because there is no information online on how to write him or anything. How can I get in touch with someone who is under “civil commitment”?