Albany Government Law Review

Recidivism is an ever-present threat whenever a sex offender is released from prison. When the threat posed by an offender is particularly acute, civil confinement, involuntary post-prison release detention, has become an increasingly popular public safety measure. Where certain requirements are met, the Supreme Court has approved states’ civil confinement of individuals against their will. Civil confinement statutes for dangerous sex offenders have been enacted in numerous states. New York’s civil confinement statute, known as the Sex Offender Management and Treatment Act (“Act”), has thus far escaped judicial scrutiny. The few cases which have considered the legislation show that its language has led, and will continue to lead, to problems in its implementation and application.