Reply #23: But that ignores both what Tier 3 actually means as well as what the government is...

[varkam]

required to show in order to civilly commit someone. They're not doing civil commitment with Tier 3 offenders because there could very well be individuals that qualify for civil commitment who are not Tier 3 under the AWA and there could very well be individuals who are Tier 3 that would not qualify because the Tier designation has nothing to do with the individual facts - all it has to do with is the statute that the offender violated.

The civil commitment process has little, if nothing, to do with the actual statute that the offender violated. It has to do with the individual facts.

Also, the burden that the government has to show is not that someone is "likely to continue to 'harm self or others'" but that, by reason of a mental disease or defect there is a heightened likelihood of continued sexual offending. I know that might be a fine point, but it is an important one.