Utah needs to close the loophole that allows ISOs to be released by adopting a separate civil commitment statute. Utah should model its statute after similar statutes passed in Kansas and Washington, except Utah’s statute should only apply to incompetent individuals who are unlikely to regain competency. This separate civil commitment procedure will ensure that the ISO is sequestered until such a time that he is no longer a threat to society. The state could house those committed under this statute at a secure facility, such as the Utah State Hospital. The state could then use the sex-offender-treatment program used on convicted sex offenders to treat the ISO.
"Utah's Children Need a Tourniquet, Not a Band-Aid: Why Utah Should Adopt a Separate Involuntary Civil Commitment Statute for Incompetent Sexual Offenders,"
Utah OnLaw: The Utah Law Review Online Supplement: Vol. 2013
, Article 16.
Available at: https://dc.law.utah.edu/onlaw/vol2013/iss1/16