UNITED STATES OF AMERICA v. WALTER WOODEN
US Court of Appeals for the Fourth Circuit, Traxler, April 10, 2018,
Civil Commitment – Sexual Predator – A trial judge presented with competent expert witnesses that a sex offender suffers from IDD (Intellectually Development Disorder) may properly find that the offender does not qualify for civil commitment.

Note that the Court specifically did not consider whether IDD could qualify as a “serious mental illness” under the Act, as this was not appealed by the government

Facts:
In 1974, Wooden (then 16) was charged as an adult and pleaded guilty to taking “indecent liberties” with a 4-year-old. Wooden was convicted and sentenced, then paroled in 1980.
In 1984, Wooden was convicted and sentenced to 25 years in prison for separate incidents involving an 8-year-old and a 12-year-old.
Wooden was paroled in 2000, returned in 2001 after violating parole, and paroled again in 2002.
In 2005, Wooden admitted during a treatment session that he had sexual contact with a 7-year-old in the laundry room of his building.
Wooden’s parole was revoked once again.
Prior to being released, in 2014 Wooden was civilly committed as a sexually violent predator. At the commitment hearing, Government experts testified that they Wooden was suffering from pedophilia, a “serious mental illness” under the Adam Walsh Act.
In 2016, Wooden requested a hearing to determine whether he could now be released.
At the hearing, defense experts testified that Wooden was not a pedophile and was suffering instead from Intellectual Development Disorder (IDD, formerly referred to as “mental retardation”). Wooden had a full-scale IQ of 75, but communicates and acts at an “even lower level.” State experts continued to argue that IDD did not explain his numerous sexual assaults on young boys, but the trial judge discounted the government experts and found that Wooden was suffering from IDD.
Because IDD was not a “serious mental illness” under the act, the district court judge determined that Wooden no longer qualified as a sexually dangerous person and ordered his release.
The Government then appealed.

Held: The Fourth Circuit, deferring to the findings of the district court, affirmed Wooden’s release as the trial judge was not clearly wrong in his fact-finding.

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.

Sexually Dangerous Person – 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.

From the Case: Because we find no clear error in the district court’s determination that Wooden does not suffer from a serious mental illness within the meaning of the Act, commitment is not authorized, and there is no need for us to consider whether the district court erred in its analysis of the volitional-impairment issue.