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Civil Law

SJ Quinney College of Law, University of Utah

Journal

2013

Articles 1 - 1 of 1

Full-Text Articles in Law

Utah's Children Need A Tourniquet, Not A Band-Aid: Why Utah Should Adopt A Separate Involuntary Civil Commitment Statute For Incompetent Sexual Offenders, Tara Pincock Jan 2013

Utah's Children Need A Tourniquet, Not A Band-Aid: Why Utah Should Adopt A Separate Involuntary Civil Commitment Statute For Incompetent Sexual Offenders, Tara Pincock

Utah OnLaw: The Utah Law Review Online Supplement

Utah needs to close the loophole that allows ISOs to be released by adopting a separate civil commitment statute. Utah should model its statute after similar statutes passed in Kansas and Washington, except Utah’s statute should only apply to incompetent individuals who are unlikely to regain competency. This separate civil commitment procedure will ensure that the ISO is sequestered until such a time that he is no longer a threat to society. The state could house those committed under this statute at a secure facility, such as the Utah State Hospital. The state could then use the sex-offender-treatment program used …