Thanks to a helpful reader, I see that a Maine sex offender became the first person in the nation to be civilly committed as a sexually dangerous person under the new Adam Walsh Act. The man was committed to the custody of the Bureau of Prisons after a ten-day hearing. From a U.S. Attorney's Office Press Release:
After a ten-day trial before Judge Patti B. Saris, Jeffrey Shields of Bath, Maine, was civilly committed to the custody of the Federal Bureau of Prisons as a sexually dangerous person. Shields is the first individual in the country to be civilly committed to federal custody as a sexually dangerous person.
In July 2006, Congress enacted the Adam Walsh Child Protection and Safety Act of 2006, Pub.L. No 109-248, 120 Stat. 587 (2006), to combat sexual violence and to protect children. The legislation created, for the first time, a federal civil commitment program for sexually dangerous persons. To commit an individual under its provisions, the Government must establish that an individual: (1) had engaged in child molestation or sexually violent conduct in the past; (2) suffers from a mental illness, abnormality or disorder; and (3) would, because of that illness, abnormality or disorder, have serious difficulty in refraining from future acts of child molestation or sexually violent conduct in the future.
Evidence presented during the trial proved that Shields had numerous prior sexual offenses against children. In May of 1988, Shields was convicted of making obscene phone calls to two boys in Wakulla County, Florida. In January of 1989, in Camden, Maine, Shields fondled the genitals of a thirteen-year-old boy after luring him to an abandoned building. In April of 1989, Shields committed an indecent assault on a nine-year-old boy in an elementary school bathroom in Florida. In July of 1989, Shields sexually assaulted a fourteen-year-old boy in the bathroom of a private school in Bath, Maine and in September of 1989, Shields sexually assaulted a six-year-old boy outside the same school. In March of 1998, in Portland, Maine, Shields engaged in unlawful sexual contact with a twelve year old boy. While on probation for his 1998 offense, Shields was arrested by the Portland Maine Police for possession of child pornography and Shields later pled guilty to federal child pornography charges.
At trial, three psychologists opined that Shields suffered from pedophilia, a recognized mental disorder. In finding Shields sexually dangerous, Judge Saris found that, as a result of his pedophilia, Shields would have serious difficulty in refraining from future acts of child molestation if released into the community.
"When the Adam Walsh Act was passed in 2006, it sought to strengthen federal laws to protect our children. The civil commitment of Jeffrey Shields is one step toward keeping our children safe from sexual predators," said U.S. Attorney Michael J. Sullivan.
Pursuant to the provisions of the Adam Walsh Act, upon finding that he is a sexually dangerous person, Shields is committed to the custody of the Attorney General.
The case was handled by Assistant U.S. Attorneys Mark Grady and Eve Piemonte-Stacey, of Sullivan's Civil Division.
In July 2006, Congress enacted the Adam Walsh Child Protection and Safety Act of 2006, Pub.L. No 109-248, 120 Stat. 587 (2006), to combat sexual violence and to protect children. The legislation created, for the first time, a federal civil commitment program for sexually dangerous persons. To commit an individual under its provisions, the Government must establish that an individual: (1) had engaged in child molestation or sexually violent conduct in the past; (2) suffers from a mental illness, abnormality or disorder; and (3) would, because of that illness, abnormality or disorder, have serious difficulty in refraining from future acts of child molestation or sexually violent conduct in the future.
Evidence presented during the trial proved that Shields had numerous prior sexual offenses against children. In May of 1988, Shields was convicted of making obscene phone calls to two boys in Wakulla County, Florida. In January of 1989, in Camden, Maine, Shields fondled the genitals of a thirteen-year-old boy after luring him to an abandoned building. In April of 1989, Shields committed an indecent assault on a nine-year-old boy in an elementary school bathroom in Florida. In July of 1989, Shields sexually assaulted a fourteen-year-old boy in the bathroom of a private school in Bath, Maine and in September of 1989, Shields sexually assaulted a six-year-old boy outside the same school. In March of 1998, in Portland, Maine, Shields engaged in unlawful sexual contact with a twelve year old boy. While on probation for his 1998 offense, Shields was arrested by the Portland Maine Police for possession of child pornography and Shields later pled guilty to federal child pornography charges.
At trial, three psychologists opined that Shields suffered from pedophilia, a recognized mental disorder. In finding Shields sexually dangerous, Judge Saris found that, as a result of his pedophilia, Shields would have serious difficulty in refraining from future acts of child molestation if released into the community.
"When the Adam Walsh Act was passed in 2006, it sought to strengthen federal laws to protect our children. The civil commitment of Jeffrey Shields is one step toward keeping our children safe from sexual predators," said U.S. Attorney Michael J. Sullivan.
Pursuant to the provisions of the Adam Walsh Act, upon finding that he is a sexually dangerous person, Shields is committed to the custody of the Attorney General.
The case was handled by Assistant U.S. Attorneys Mark Grady and Eve Piemonte-Stacey, of Sullivan's Civil Division.
Hello, I'd like your opinion on this Nancy Grace transcript:
http://transcripts.cnn.com/TRANSCRIPTS/0902/13/ng.01.html
Especially this section:
BATISTA: There is. You know, the registered sex offender statutes in most states, and most states have them, Mike, make it a mandatory condition usually for life that when a registered sex offender is approached by law enforcement with questions, that person has to answer those questions unlike an ordinary citizen.
It`s one of the disabilities that really persists through life for people who fall into the category of registered sex offenders.
BROOKS: Now someone comes -- if an FBI agent or someone comes to their door, knocks in their door, and says, hey, we want to come in, do they have to give consent?
BATISTA: Again, Mike, it`s the terms of the statutes in most states make it mandatory on the registered sex offender that that person allow the FBI or other law enforcement into the home and respond to the questions. And there will be consequences for them should they refuse to cooperate and respond.
BROOKS: Yes. Well, I`m -- again, we`re also hearing that some of these sex offenders were coming forward saying, hey, I had nothing to do with this. Clear my name right now. I`ll do whatever you want.
Is this true? I don't think so. I think those off probation/parole have rights, and simply because they may have a sex offender label, doesn't give the police/FBI the right to search your home and ask you questions anytime the please.
Please let me know what you think, and feel free to move this anywhere you'd like.
Posted by: Sex Offender Issues | February 14, 2009 at 05:12 PM
Hi Sex Offender Issues,
I have no idea what Paul Batista is talking about. According to the CNN transcript, he is a defense attorney and author of a book that I am unfamiliar with. If anyone has any clue of what statutes to which Batista is referring, please let me know. I think this is just another case of the Nancy Grace show feeding misinformation about the law to the public.
Best,
Corey
Posted by: Corey Rayburn Yung | February 15, 2009 at 10:51 AM
hmm "BATISTA: Again, Mike, it`s the terms of the statutes in most states make it mandatory on the registered sex offender that that person allow the FBI or other law enforcement into the home and respond to the questions. And there will be consequences for them should they refuse to cooperate and respond."
i think you need to back up and try again. NO law passed can strip ANY AMERICAN of their constitutionaly guaranteed rights. Once they are off probation/parole they have the same right to tell both the FBI and local law enforcement to KISS off if they don't have a warrant.
Posted by: rodney shields | February 15, 2009 at 12:23 PM