State argues to keep sex predator in custody

From the Manchester Union-Leader

CONCORD – Convicted rapist William A. DeCato's continued confinement at the state prison's secure psychiatric unit pending his civil commitment trial to determine if he is a sexually violent predator is unconstitutional because it keeps him in corrections department custody even though he no longer is an inmate, his attorney argued yesterday.

But the state said defense claims of unconstitutionality are baseless because the new law is a civil -- and not a penal -- statute that seeks to protect the community from sexual predators while offering these offenders an opportunity to get treatment. So far, DeCato, 50, has rejected treatment, added Assistant Attorney General Michael K. Brown.

Brown added that the law allows DeCato to be kept at the secure psychiatric unit pending trial, slated to begin April 16, because the unit is a psychiatric treatment center, functions autonomously from the prison, and houses patients civilly committed for mental health reasons or found not guilty by reason of insanity.

"The statute says he has to be held somewhere and somewhere is not defined. The only option available right now...is the SPU," Brown said at the Merrimack County Superior Court hearing.

Comments

[KipEsquire]

This is reminiscent of what former NYS governor Pataki tried to do late last year.