2 Alb. Govt. L. Rev. 277 (2009)
Sara E. Chase
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.