Skip to main content
Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Find a Lawyer

More Options

Court-Martialed Prisoner not in BOP Custody for Civil Commitment as "Sexually Dangerous"

By Javier Lavagnino, Esq. on June 14, 2010 | Last updated on March 21, 2019
In US v. Joshua, No. 10-6281, the court faced the issue of whether the government could civilly commit an individual who had been convicted and sentenced via military court-martial, then certified by the attorney general as "sexually dangerous" prior to his release.

The court below had found that the government could not do so under the statutory scheme at issue, and the circuit court upheld dismissal of the government's petition for civil commitment of respondent under 18 U.S.C. section 4248. Respondent, who had been convicted and sentenced via military court-martial, but housed within a Bureau of Prisons (BOP) facility, was nevertheless not "in the custody" of the BOP under section 4248 because the BOP did not have legal custody over him. Physical custody of respondent did not suffice for purposes of the statute.

Related Resources

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard