UNITED STATES OF AMERICA v. DONALD MACLAREN
US Court of Appeals for the Fourth Circuit, Diaz, Aug. 2, 2017,
Civil Commitment- Conditional Release Hearing- A sexually dangerous person committed under the Adam Walsh Child Protection and Safety Act of 2006 can obtain a hearing for conditional release if he can “plausibly allege” that he is entitled to discharge.

Facts:
According to the US Government, Maclaren was believed to have sexually abused more than thirty-eight children over a span of more than forty years.
In December 2009, the government certified Maclaren as a sexually dangerous person pursuant to the Adam Walsh Child Protection and Safety Act of 2006.
In February 2013, a court in the Eastern District of North Carolina held that the government had met its burden of proving by clear and convincing evidence that Maclaren was subject to civil commitment pursuant to the Act and committed him to the custody and care of the Attorney General.
In 2015, Maclaren filed for conditional release and requested a hearing, but this was denied by the judge.
Maclaren then appealed, arguing that he should get a hearing because “a successful motion for a discharge hearing need only plausibly allege that the detainee is entitled to discharge.”

Held: The Fourth Circuit agreed. Maclaren introduced evidence that, if true, showed he was eligible for release. Therefore he was entitled to a hearing for a judge to determine if the evidence was valid or not and to hear the government’s evidence.

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.