Many states, including Arizona, California, Illinois, Kansas, Minnesota, New Jersey, Washington and Wisconsin, have already enacted civil commitment laws. SB 2 is based on Kansas's statute, which was upheld by the U.S. Supreme Court in 1997 (Kansas v. Hendricks). The experience in the other states is that this provision has been used sparingly, and only in the case of some of the very worst repeat sexual offenders who are determined highly likely to continue their sexually violent behavior.

SB 2 will allow the state to confine the most serious sexual predators, such as pedophiles, who, as statistics show, have an extremely high recidivism rate. Civil commitment could only be accomplished following a civil trial, in which the court or jury finds that a person is a sexually violent predator using the "beyond a reasonable doubt" standard. The small group of violent sexual offenders that would be affected by this bill poses a real threat, particularly to the women and children of our state. SB 2 would provide a valuable tool to prevent our citizens from being repeatedly terrorized by these known sexual predators.

Similar legislation was considered by the 20th Legislature. The measure passed the Senate unanimously and completed the committee process in the House before dying on the House calendar on the final day of session.