SVP Laws - Assignment Example

The State of California is among sixteen states that concur with SVP (Sexually Violent Predator) laws. The laws allow the state to identify and civilly commit identified sexual offenders (Eastman, 2012).

The SVP laws in California demand that the District Attorney should prove beyond reasonable doubt the SVP case and be backed by all the 12 jurors. The laws require that individuals should not face punishment as they have already served their time in prison. Three mental experts assess every convict to confirm that the sexual offense was due to a mental disorder. The Director of Mental Health asks for a petition from the District Attorney of SVP commitment for such individuals.  The DA then files a petition to ask for a trial to ascertain that the convict is a sexually violent predator who ought to be in a civil commitment at a state hospital. 

California follows Megan’s Law to protect the member of the community (more so the children) against sexual offenders. Since 1947, all sex offenders have been registered by the state law enforcement agency. Megan’s Law provides access to information about sex offenders.  The Megan law also protects all registered sexual offenders against harassment from the public.

SVP laws are favorable since a sexually violent predator is referred to a mental institution after he has served his prison term. Such individuals receive medical attention until they are no longer perceived to be sexual predators. In California, they are treated as inpatients to protect the outside community. The institutionalization of such individuals after serving their prison term ensures that the full ‘arm’ of the law is exercised after which the individual gets to receive treatment. The victim of a sexual offense gets to receive justice while the sexually violent predator gets the much-needed treatment.

Many citizens have occasionally criticized the SVP Laws. They view the laws as being harsh on sexual offenders as they tend to face continued incarceration after serving their sentence. The laws favor forensic psychologists who assume that a sexually violent predator is likely to commit a sexual offense in the future. The SVP laws are also viewed as unconstitutional as they amount to other laws that are passed after the sexual predator has been convicted.

There are various instruments used to assess the risk of sexual recidivism. The Sex Offender Risk Appraisal Guide (SORAG) is a fourteen-item tool used to evaluate the chances of sexual recidivism of ex-convicts within a specified duration of release. Sex Offender Needs Assessment Rating (SONAR) is a nine-item scale that measures the change in the level of risk for sexual offenders. Static-99 measures the long-term possibility of sexual recidivism among male sexual offenders (Saleh, 2009).

Questions

1. What is the specified duration of confinement for individuals under the SVP Laws?
2. In regard to the cons/criticisms of the SVP Laws, are they valid in the psychological empowerment of the sexual offenders after their incarceration?