ent years because of the number of violent sex offenders. The Supreme Court in Foucha v. Louisiana (1992) held that "mere" dangerous without mental illness does not justify civil confinement beyond the sentence imposed under criminal law for the wrongdoing. However, legislative efforts have begun in terms of sex offenders and the Supreme Court upheld such a statute in Kansas v. Hendricks (1997) finding that "mental abnormality was a constitutionally permissible basis for civil confinement of a dangerous sex offender," with Justice Clarence Thomas writing for the five-member majority. Expanding the former "mental illness" to "mental abnormality" allows more offenders to be included under the statutes.
Sexual predators represent a special class of offenders, who are known to repeat their offenses on release, who are a danger to the public at large, and who are often unable to control their actions. The ability of involuntary holding of these criminals beyond their court mandated sentences is necessary for the protection of the public. Often they do not have a mental illness but they are mentally abnormal. Treatment has been shown to be ineffective, and so there
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