The court justified this unconstitutional extension of incarceration by calling it "civil"--as opposed to "criminal"--confinement for medical "treatment." Under these programs, prison authorities arbitrarily decide whether and when to release a person. This amounts to maintaining a person in prison without new charges, trial, or the right to appeal.

The so-called treatment administered to individuals who have completed their sentences for sex offenses has nothing to do with medical care. It is "behavior modification" imposed involuntarily, often forcing individuals to "own up" to the charges on which they were convicted. It is degrading and punitive--sometimes more than the previous prison sentence, as even the lone dissenting Supreme Court judge acknowledged.

Capitalist politicians have pressed for such undemocratic measures in the name of combating sexual abuse. They seize on the justified abhorrence by working people for the abuse of women and children, whip up fear and emotional energy, and use this to try to gain our acceptance for undermining democratic rights. The rulers seek an easy target in order to soften the widespread resistance among working people to government attacks on basic rights such as due process and protection from arbitrary seizure. These measures open the way for broader attacks.

The U.S. rulers have so far made limited progress in their steady offensive against democratic rights. Attacks in the guise of targeting "sex offenders" are one of the areas where they have made more inroads over the past two decades. Sixteen states now have laws on the books similar to the Washington State law upheld by the Supreme Court. Of 894 people involuntarily committed to psychiatric hospitals after serving out sentences for sex crimes, only 44 have been released, after being deemed "cured" by the jailers and social engineers.

Other measures used by state governments, such as imposing ankle bracelet "transmitters," 24-hour satellite tracking, and frequent polygraph testing of former prisoners while they are on parole are part of these encroachments on democratic rights.

In addition, a 1996 federal law passed in Congress and signed by Clinton requires state authorities to publish lists of persons convicted of sex offenses after their release from prison. This means those who have served their sentences are often subjected to public hounding fanned by capitalist politicians, cops, and rightists.

If the U.S. rulers get away with these unconstitutional moves, they will undoubtedly probe measures to arbitrarily lock up or curb the rights of other categories of people who have served out prison sentences. It is in the interests of all workers and farmers to oppose this latest attack.
 
 
Related article:
Supreme Court approves imprisoning people after serving sex offense sentences  
 
 
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