In Re the Care & Treatment of Williams
2011 Kan. LEXIS 142
Kan.2011Background
- Williams was convicted in 1987 of two counts of indecent liberties with a child and sentenced to 5–20 years.
- In 1999 and again in 2002–2003, Williams was paroled and then revoked for drug use and other conduct related to sexual offending.
- The State filed a petition under the SVPA seeking civil commitment as a sexually violent predator after evaluations at Larned State Security Hospital.
- Dr. Reid, State expert, diagnosed antisocial personality disorder, alcohol dependence, exhibitionism, and paraphilia NOS, with risk scores on MnSOST-R and Static-99 supporting high recidivism risk.
- Dr. Barnett, Williams’ defense expert, disputed the diagnoses and challenged the actuarial tools as unreliable without individualized assessment.
- The district court found Williams to be an SVP beyond a reasonable doubt; the Court of Appeals reversed; the Supreme Court granted review to resolve the sufficiency of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there is sufficient evidence Williams is likely to reoffend. | Williams argues actuarial scores are too low to prove likelihood beyond a reasonable doubt. | State contends expert opinion and other factors suffice to prove likelihood beyond a reasonable doubt. | Yes; sufficient evidence supports SVP finding. |
Key Cases Cited
- In re Care & Treatment of Crane, 269 Kan. 578 (2000) (established four elements including serious difficulty in controlling behavior (Crane I))
- Kansas v. Crane, 534 U.S. 407 (2002) (requires proof of serious difficulty in controlling dangerous behavior (Crane II))
- Hendricks, 521 U.S. 346 (1997) (due process for mental abnormality or personality disorder)