Florida's Sexually Violent Predator Program

Abstract

Sex offender civil commitment (SOCC) has been enacted in 16 states amid widespread controversy. A critical component of civil commitment is the risk assessment process that determines recommendations for civil confinement once a prison term has expired. This study analyzes the first stage of a two-stage risk assessment process that determines whether eligible sex offenders are referred for clinical evaluation in Florida's Sexually Violent Predator Program. A sample of 773 offenders referred to the program between July 2000 and August 2003 is examined to identify group differences between released and referred sex offenders and the unique effects of legal, clinical, and other factors on the decision to refer for clinical evaluation. Despite considerable discretion given evaluators in assessing risk, the findings indicate substantial and salient group differences between those released and referred and that the primary factors informing referral decisions are consistent with legislative intent, actuarial instruments, and sex offender recidivism research.