UNITED STATES OF AMERICA v. WILLIAM CARL WELSH
US Court of Appeals for the Fourth Circuit, Diaz, Jan. 12, 2018,
Sex Offender – Civil Commitment – Jurisdiction for a civil commitment of a sexually dangerous person does not depend on the integrity of the criminal conviction that prompted the original referral for assessment.

Facts:
In 2011, Welsh pled guilty to violating SORNA by leaving the country without notification.
While in custody, Welsh was certified as a sexually dangerous person under the Adam Walsh Child Protection and Safety Act of 2006.
In 2016, the Supreme Court held that notification under these circumstances was not required under SORNA.
Welsh’s 2011 conviction was then vacated.
Welsh then challenged his commitment, since referral for commitment was made because he was in the custody of the Bureau of Prisons.

Held:
Welsh was properly certified for civil commitment based on the circumstances. The change in his underlying conviction did not retroactively deprive the court of jurisdiction.

Civil Commitment- To commit someone as sexually dangerous, the government must show that the person:
(1) has engaged or attempted to engage in sexually violent conduct or child molestation,
(2) suffers from a serious mental illness, abnormality, or disorder, and
(3) as a result, would have serious difficulty refraining from sexually violent conduct or child molestation if released.

Under the Adam Walsh Child Protection and Safety Act of 2006, the government may certify a person as a sexually dangerous person if they:
(1) are in the custody of the Bureau of Prisons;
(2) have been committed to the custody of the Attorney General pursuant to section 4241(d);
or (3) have had all criminal charges dismissed against them solely for reasons relating to their mental condition.