By
The Associated Press
PHOENIX - The Arizona Supreme Court agreed yesterday to consider whether the state's sexual predator law is constitutional and ordered that more than 135 offenders remain locked up until the court rules.
The 1995 law allows civil confinement of individuals judged to be sexual predators who would pose a danger to others if released. Confinement can occur even after the individuals finish prison terms on criminal convictions.
The state Court of Appeals on Feb. 15 overturned the law, ruling it was unconstitutional because it failed to require a court finding that an offender can't control his sexual urges.
Without such proof, civil confinement becomes punishment rather than treatment, which is in violation of constitutional protections against double jeopardy and after-the-crime changes in punishment, the Court of Appeals said.
The Supreme Court said yesterday it would hear arguments in the consolidated cases of two offenders on a date to be determined.
Until the court actually rules, a stay blocking release of all offenders remains in place.
A Department of Health Services spokesman said this week that 136 people were confined at the special unit of the Arizona State Hospital, the state mental hospital in Phoenix, including 76 awaiting trial on whether they should be confined for treatment. The others already have been tried and ordered to be held.
