The U.S. Supreme Court this week upheld a federal law that allows for officials to maintain custody of dangerous sex offenders after they have served out their criminal sentences. Federal officials can keep inmates incarcerated indefinitely if they are found to be "sexually dangerous."
The law in questions, called the Adam Walsh Child Protection and Safety Act from 2006, was overturned by a lower court decision that said Congress did not have the authority in passing it. Based on certain sex offenders that have been shown to be nearly impossible to rehabilitate once returning to society, the law was enacted as a measure to keep those judged to be likely to re-offend behind bars.
The issue before the court was whether the U.S. Constitution grants Congress the authority to pass this kind of law. The 4th Circuit Court of Appeals in Virginia ruled in 2009 that the Constitution did not provide such authority.
In South Carolina we have a preceding that is held prior to an inmate being released to determine if a person is still a danger. If the judge rules that the individual is in fact a danger, then they leave the courtroom and head right back to prison. This is a civil preceding that is prosecuted by the Attorney General's Office.
