If you’re sexually dangerous and you’re sentenced to prison, can they keep you locked up even though your sentence is up?  This case involved Roger, who pleaded guilty in federal court to violating a federal law making it illegal to cross state lines with intent to engage in a sexual act with a minor.  Tom was sentenced to 120 months in prison, but when his sentence was up, the Bureau of Prisons moved to commit him under a new federal law that allows the government to commit civilly and indefinitely federal prisoners who’ve completed their sentence but who’ve been proven to be sexually dangerous by clear and convincing evidence.  Roger appealed arguing that while states may be able to adopt such laws, Congress does not have general police powers.  But the Court upheld the law on the grounds that Congress has authority under the Commerce Clause to deal with sex offenders who often travel between states.  The issue is headed for the Supreme Court.  But in the meantime, Roger will stand committed, done in by the Commerce Clause, which in the case of sexually dangerous persons means business.

THIS IS NEIL CHAYET LOOKING AT THE LAW™

U.S. v. Tom, Eighth Circuit Court of Appeals, No. 08-2345, 5-13-09, U.S. Law Week, Vol. 77, No. 45, Pg. 1719, 5-26-09

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