Legality of Detention ‘Irrelevant’ To Commitment of Sex Offenders
“No doubt it is often reasonable to read ‘custody’ as implying ‘lawful custody,'” Judge Robert S. Smith wrote for the majority in the Court’s single ruling in People &c. ex rel. Joseph II v. Superintendent of Southport Correctional Facility, 95, and Matter of State of New York v. Humberto G., 96. “Here, however, the statute is best read as making no distinction between those properly and improperly confined.”
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