In Kansas v. Hendricks, the United States Supreme Court determined the constitutionality of a civil commitment statute that provides for possible indefinite confinement of sex offenders who are near the end of their prison sentences and who pose a threat to society and suffer from a "mental abnormality." In a five to four decision, the Court reversed the Kansas Supreme Court and upheld Kansas's Sexually Violent Predator Act ("SVPA"). In doing so, the Court declared the act nonpenal and rejected due process, double jeopardy, and ex post facto challenges.
AtLee, Michael L.
"Kansas v. Hendricks: Fighting for Children on the Slippery Slope,"
Mercer Law Review: Vol. 49:
3, Article 11.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol49/iss3/11