UNITED STATES OF AMERICA v. EDGAR SEARCY
US Court of Appeals for the Fourth Circuit, Diaz, Jan. 18, 2018,
Sex Offender Commitment – The general 4-year statute of limitations on civil actions does not apply to civil commitment under the Adam Walsh Child Protection and Safety Act of 2006.
(Concur – Thacker – Civil commitment proceedings are civil actions, but would find the 4-year limitation inapplicable for a different reason)
Facts:
In 2003, Searcy was convicted for using interstate commerce to engage in sexual activity with a minor and sentenced to 180 months followed by a three-year term of supervised release.
In 2006, Congress passed the Adam Walsh Child Protection and Safety Act of 2006.
In 2015, the Bureau of Prisons certified Searcy as a sexually dangerous person and petitioned to have him civilly committed. The certification was based in part on Searcy’s current conviction, as well as prior
state convictions in Florida and Kansas for sexual activity with a child; performing a lewd, lascivious, or indecent act upon a child under the age of sixteen; and exploitation of a child.
Searcy moved to dismiss the proceeding, arguing that the generic 4-year statute of limitations applied to the Adam Walsh Act.
Held:
A civil commitment under the Adam Walsh Child Protection and Safety Act of 2006 is not a “civil proceeding” under 28 USC 1658. Therefore, the statute of limitations in 28 USC 1658 does not apply.
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.