United States v. Turner, No. 11-10038 (9th Cir. 2012)
Annotate this CaseThis appeal raised the question of whether a civil detention under the Adam Walsh Child Protection and Safety Act, which sets up a process for civil commitment of sexually dangerous persons, constitutes a term of imprisonment that both precludes and tolls the commencement of a supervised release term of a sex offender who has completed his incarceration for a criminal conviction. Following the expiration of his criminal sentence, Defendant was detained under the Act's stay-of-release provision. Though Defendant received no hearing during his stay period and was detained only pursuant to a civil statute, the government argued that Defendant was imprisoned in connection with a criminal conviction, thus tolling the commencement of his term of supervised release. The Ninth Circuit Court of Appeals reversed the district court, holding that, during the almost five years Defendant was detained while awaiting his civil commitment hearing, he was not "imprisoned in connection with a conviction," which was required to toll the commencement of supervised release.
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