Extended Sentence For Sex Predator Upheld

The civil confinement of a sexual predator after he had completed his prison sentence has been upheld by the state Court of Appeals.

Issues raised by Joseph Aqui, 44, who has been held at the Special Commitment Center in Monroe for three years, were similar to those presented in an earlier case in which the state Supreme Court upheld the commitment law, the appeals court ruled Monday.

Aqui’s lawyer, David Hirsch, said he would seek reconsideration by the Appeals Court and, if that fails, appeal to the state Supreme Court.

Under the law, people who have served prison terms for sexual offenses may be committed indefinitely if they are found in civil proceedings to be predators who are likely to reoffend.

A federal judge found the law unconstitutional last year, but that ruling has been stayed while the 9th U.S. Circuit Court of Appeals reviews the case.

Aqui’s challenge in state court was based on claims that the law violated his rights to privacy, equal protection, separation of powers and freedom from being tried twice for the same offense.