Washington State
Institute for
Public Policy
110 Fifth Avenue Southeast, Suite 214

•

PO Box 40999

•

Olympia, WA 98504-0999 •

(360) 586-2677

•

www.wsipp.wa.gov

August 2007

Comparison of State Laws Authorizing Involuntary
Commitment of Sexually Violent Predators: 2006 Update, Revised
BACKGROUND INFORMATION
This report updates the Institute’s 2005 study,
“Involuntary Commitment of Sexually Violent
Predators: Comparing State Laws.”1 The 2005
report covered data through 2004; this report
extends the timeframe through 2006. The
report includes information on the number of
residents, discharges, and program costs.
In addition to the 17 states covered in the
previous report, three states have passed
legislation authorizing civil commitment of
sexually violent predators (SVPs). Nebraska
passed a law in 2006, while New Hampshire
and New York both passed laws early this year.
The states with SVP laws are: Arizona,
California, Florida, Illinois, Iowa, Kansas,
Massachusetts, Minnesota, Missouri, Nebraska,
New Hampshire, New Jersey, New York, North
Dakota, Pennsylvania, South Carolina, Texas,
Virginia, Washington, and Wisconsin. The
Texas law is unusual as it does not require
confinement, instead treatment occurs in an
outpatient setting. Pennsylvania’s law is only
for selected sex offenders who are “aging out”
of the juvenile justice system at age 21.
To collect data for this report, we asked
representatives from states to complete
information on a common template. Some
limitations need to be acknowledged. In many
cases, the state representative for the 2004
and 2006 reports differ, thus there could be
different interpretations of the questions. In
terms of cost information, the full costs of a
SVP law are difficult to calculate as the
1

K. Gookin. (2005). Involuntary commitment of sexually
violent predators: Comparing state laws. Olympia:
Washington State Institute for Public Policy, Document
No. 05-03-1101.

program’s expenditures are often spread across
state budgets. For example, the treatment may
be supplied by a social and health services
agency, legal costs paid through another
agency, and security and supervision supplied
by corrections. In some instances, the state
representatives were unable to estimate all
aspects of the costs.
Additionally, in counting individuals in various
categories (revoked, recommended for release),
we refined the categories from the previous report
to reflect the variation in states. It is difficult,
however, to capture the full nuances of each
state’s policies in a spreadsheet format.

FINDINGS FOR U.S.
Number of Persons Held Under SVP Laws:
4,534
Number of Persons Discharged or Released:
494; an additional 85 persons died while in
custody.
Average Annual Program Costs:
$97,000 per person.

WASHINGTON STATE
Number of Persons Held Under SVP Laws:
305
Annual Program Costs:
$40.5 million in 2006

Exhibit 1

Sexually Violent Predator Laws: Persons Held Under Law
WA
305

ND
75

MN
342

MA

WI

121

500

PA

IA
NE

12

69

18

IL
307

CA

KS

MO

558

161

143

VA
37

AZ
SC

414

119

TX
69

FL
942

WSIPP, 2007

NJ
342

Exhibit 2

2006 Program Overview
REASONS FOR DISCHARGES AND
RELEASES OF PEOPLE COMMITTED

State Code
(Year Law
Effective)

Arizona
36-3701 et seq.
(1996)
California
WIC Section
6600 et seq.
(1996)
Florida
ss394.910394.931, Part V
(1999)
Illinois
725 ILCS 207/1
et seq.
(1988)
Iowa
229.A1 et seq.
(1998)

Involved With
Court
Petition or
Discharged
Decision
Certification
or Released
Without
for
Who Were
Program
Program
Commitment
To
Committed
Staff
Staff
Since Law
(Accumulative,
Corrections
Effective
Not Including Recommen- Recommen(New
Deaths)
(Accumulative)
dation
dation
Charges)

Revoked Since
Release
(Accumulative) (Accumulative)*
Deaths

Other

414

87

0

86

1

0

3

13

558

96

4

74

15

3

15

2

942

28

1

16

11

0

8

9

307

40

15

9

16

0

10

6

69

15

5

10

0

0

1

1

161

16

3

0

0

12

8

0

121

5

0

5

0

0

0

N/A

342

43

27

0

3

13

2

27

143

10

0

0

8

2

7

0

18

18

14

0

4

0

0

0

342

30

1

27

1

1

2

2

North Dakota
25.03-3.01 et seq.
(1997)

75

20

14

1

5

0

1

0

Pennsylvania
SB421
(2003)

12

N/A

N/A

N/A

N/A

N/A

N/A

N/A

119

32

16

16

0

0

4

0

69

N/A

N/A

N/A

N/A

N/A

1

11

Kansas
59-29a01 et seq.
(1994)
Massachusetts
Part 1 Title XVII,
Ch. 123A 1 et seq.
(1998)
Minnesota
253B.185 et seq.
(1999)
Missouri
632.480 et seq.
(1994)
Nebraska
(2006)
New Jersey
30:4-27.24 et seq.
(1994)

South Carolina
44-48-10 et seq.
(1998)
Texas
Health and
Safety Code
841.001 et seq.
(1999)

3

REASONS FOR DISCHARGES AND
RELEASES OF PEOPLE COMMITTED
Involved With
Court
Petition or
Discharged
Decision
Certification
or Released
Without
for
Who Were
Program
Program
Commitment
To
Committed
Staff
Staff
Since Law
(Accumulative,
Corrections
Effective
Not Including Recommen- Recommen(New
(Accumulative)
Deaths)
dation
dation
Charges)

State Code
(Year Law
Effective)

Revoked Since
Release
(Accumulative) (Accumulative)*
Deaths

Other

Virginia
37.2-900 et seq.
(2003)

37

5

N/A

N/A

N/A

N/A

None

2

Washington
71.09.010 et seq.
(1990)

305

19

12

1

2

2

9

4

Wisconsin
980.01 et seq.
(1994)

500

30

76

8

7

2

14

23

4,534

494

188

253

73

35

85

100

TOTALS

*Unduplicated count of readmits after discharge because of a new legal process and readmits after discharge to outpatient treatment.
Notes:
Arizona: By policy, staff do not make recommendations regarding releases.
Illinois: Recommendations for discharge/release are made by independent state evaluators, not program staff.
Massachusetts: Does not have supervised release of an SVP. Note: In 2005, Massachusetts reported 306 persons held to date
which may have included persons held under a previous law that was abolished in 1990.
Pennsylvania: Program only has "aged-out" juveniles as they turn 21 years old.
Texas: Outpatient only
Washington: One additional person is awaiting revocation.

The following states’ laws were passed in 2007 and are still being implemented.
•

New Hampshire, RSA 135-E

•

New York, Chapter 7 of S.3318

4

Exhibit 3

General Cost Information (2006)

State
Arizona
California
Florida
Illinois
Iowa
Kansas
Massachusetts
Minnesota
Missouri
Nebraska
New Jersey
North Dakota
Pennsylvania
South Carolina
Texas
Virginia
Washington
Wisconsin
AVERAGES

SVP Resident
Cost Per Year
$110,000
$166,000
$41,845
$88,000
$71,000
$69,070
$73,197
$141,255
$75,920
$93,325
$67,000
$94,728
$150,000
$41,176
$17,391
$140,000
$149,904
$102,500
$94,017
Total:

Total Civil
Commitment
Budget
(in millions)
$11.3
$147.3
$23.3
$25.6
$5.0
$10.9
$30.7
$54.9
$8.3
$13.5
$21.9
$12.7
$1.8
$2.9
$1.2
$8.2
$40.5
$34.7
$25.3
$454.7

Annual Salary and
Benefits of
Treatment Officer
$50,985
N/A
N/A
N/A
$56,356
N/A
N/A
N/A
$25,358
N/A
N/A
$55,600
N/A
N/A
N/A
N/A
$40,228
N/A

DOC Inmate
Cost Per Year
$20,564
$43,000
$19,000
$21,700
$23,002
$22,630
$43,026
$29,240
$14,538
$26,031
$35,000
$27,391
$32,304
$15,156
$15,527
$23,123
$29,055
$27,600
$25,994

Notes:
New Hampshire is in the start-up phase.
New York is in the start-up phase.
Pennsylvania has only "aged-out" juveniles as they turn 21 years old. Their costs for DOC reflect 2004–2005,
inflated by 3 percent.
Texas has outpatients only.

5

Exhibit 4

Detailed Costs

Contracted
Services

Legal
Services
Including
Prosecutors
and Defense

Psychological
Evaluations

Transportation

Capital
Cost/Debt
Service

Administrative
Overhead

Other

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

$961,263

N/A

$0

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

$24,123

N/A

N/A

$25,623

N/A

N/A

N/A

N/A

Included in
other costs

N/A

Included in
other costs

$0

Treatment

Security and
Supervision

Direct Care
(food,
clothing,
supplies)

Health
Care

N/A

N/A

N/A

California

N/A

N/A

Florida

N/A

N/A

Illinois

N/A

N/A

State
Arizona

Iowa
Kansas

$381,169
$2,644,804

$3,143,060
$8,039,215

$646,650
$990,036

$24,123
$334,628

N/A

N/A

N/A

$600,000

Massachusetts

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

Minnesota

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

Missouri

$6,253,000

Included in
treatment costs

$38,510

N/A

N/A

$6,700

$0

$1,467,312

N/A

Nebraska

$1,818,066

Included in
direct care

$0

$0

$86,007

Included in
other costs

$0

$529,459

N/A

N/A

N/A

N/A

N/A

N/A

N/A

$25,000

N/A

$5,000

$13,503

New Jersey
North Dakota
Pennsylvania
South Carolina

N/A

$1,565,798
N/A

$41,176

$767,984
N/A

$125,000

Virginia
Washington
Wisconsin

$143,143
N/A

$2,354,118
N/A

$222,863
N/A

$263,266

$308,000

$45,375

N/A

$798,953

$545,456
N/A

$0

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

Included in
contracts

N/A

$574,111

N/A

$23,384

$78,257

$0

N/A

N/A

N/A

N/A

N/A

N/A

N/A

$5,471,222

$720,074

$23,000

$0

N/A

N/A

N/A

N/A

Texas
(Outpatient only)

$605,000

$136,350
N/A

$10,366,000
N/A

$2,883,718
N/A

$1,249,898 $5,313,589
N/A

N/A

Notes:
Florida: Outside psychiatric evaluations are included in the daily rate. Starting in FY06–07, services were phased in beginning with clinical, medical,
and other residential services, followed by internal security (December 15, 2006), and then transportation and perimeter security (April 2, 3007).
Minnesota: Will forward detailed cost information as it becomes available.
Missouri: Administrative Overhead covers staff salaries for administrative persons in the facility. Accounting, some human resources, and
maintenance overhead are not included.
New York: Program not yet begun.
New Hampshire: Program not yet begun.
Pennsylvania: Plans to have detailed cost information available in 2008.
Washington: Costs are for the main facility only and do not include less restrictive facilities.

$294,000
N/A

$0
N/A

$809,083 $6,636,298
N/A

N/A

Exhibit 5

Service and Facility Providers
Treatment Provider

Security Provider

Facility

(Contractor or State)

(Contractor or State)

(Contract or State Owned)

State

State

State

State
(DMH)

DOC
(perimeter)

State

Florida

Contract

DOC and GEO

State

Illinois

Contract

State

State

Iowa

State

State

State

Kansas

State

State

State

Contract

State

State

Minnesota

State

State

State

Missouri

State

State

State

Nebraska

State

State

State

New Jersey

DHS

DOC

State

North Dakota

State

State

State

Pennsylvania

State

State

State

South Carolina

State

State

State

Contract

N/A
(outpatient only)

Contract
(halfway houses)

Virginia

State

State

State

Washington

State

State

State

Wisconsin

State

State

State

State
Arizona
California

Massachusetts

Texas

Note: New Hampshire and New York are still planning for implementation of their recent laws.

7

Exhibit 6

State Contacts
State

Name

Phone

Email

Arizona
California
Florida
Illinois
Iowa
Kansas
Massachusetts
Minnesota
Missouri
Nebraska
New Hampshire
New Jersey
New York
North Dakota
Pennsylvania
South Carolina
Texas
Virginia
Washington
Wisconsin

Dr. Noggle
Brenda Epperly-Ellis
Teion Wells Harrison
Shan Jumper
Jason Smith
Dr. Leo Herrman
Robert Murphy
Thomas Lundquist
Alan Blake
Cynthia Dykeman
Geoffrey Souther
Merrill Main
Rich Miraglia
Alex Schweitzer
Dr. Vito DonGiovanni
Mark Binkley
Allison Taylor
Dr. Steve Wolf
Dr. Henry Richards
Dennis Doren

602-220-6482
916-653-2088
850-921-4490
217-322-3204 ext 5016
712-225-6948

Noggled@azdhs.gov
Brenda.Epperly-Ellis@dmh.ca.gov
Teion_Harrison@dcf.state.fl.us
Shan.Jumper@illinois.gov
Jsmith4@dhs.state.ia.us
LPH0222@lsh.ks.gov
RFMurphy@doc.state.ma.us
thomas.j.lundquist@state.mn.us
alan.blake@dmh.mo.gov
cynthia.dykeman@hhss.ne.gov
GSouther@dhhs.state.nh.us
Merrill.Main@dhs.state.nj.us
cofortm@ohm.state.ny.us
aschweit@state.nd.us
vdongiovan@state.pa.us
MWB86@scdmh.org
Allison.Taylor@dshs.state.tx.us
steve.wolf@co.dmhmrsas.virginia.gov
richahj@dshs.wa.gov
dorendm@dhfs.state.wi.us

508-279-8111
218-485-5300 ext 5314
573-218 7079
603-271-8820

701-253-3964
724-675-2001
512-834-4530
804-347-8291
253-583-5933
608-301-1455

Kathy Gookin, a consultant in Olympia, Washington, prepared this report. For more information, please
contact Roxanne Lieb at (360) 586-2768 or liebr@wsipp.wa.gov.

Document No. 07-08-1101
Washington State
Institute for
Public Policy
The Washington State Legislature created the Washington State Institute for Public Policy in 1983. A Board of Directors—representing the legislature,
the governor, and public universities—governs the Institute and guides the development of all activities. The Institute’s mission is to carry out research,
8
at legislative direction, on issues of importance to Washington State.