McAlester Child Rapist Case Prompts Lawmakers to Consider Civil Confinement for Sex Offenders

By Gan Matthews, NEWS 9

McALESTER, Oklahoma -- Convicted child rapist David Earls is scheduled to be released from the Pittsburg County jail after serving only one year behind bars, but he may not be free for long.

The Earls' case, with its plea bargain and one-year incarceration, sparked outrage all over the country.

Currently 19 states and the U.S. government allow so-called "civil confinement" for sex offenders to keep them locked up after they finish their prison terms.

"They can come in and say this person, even though he's done his prison time, served his time, paid his debt, is still a threat to society, based upon his propensity to commit future sexual predator acts," said Irven Box, NEWS 9 legal analyst.

Attorney General Drew Edmondson searched Oklahoma statutes to see if the state permitted civil confinement for Earls, but he came up empty-handed. So he convened a Grand Jury that indicted Earls for new sex crimes involving a child.

Meanwhile, Broken Arrow Representative John Trebilcock said he'll introduce a bill to confine sex offenders in mental institutions after their prison terms if a jury finds "clear and convincing" evidence they are likely to reoffend.

The American Civil Liberties Union urges caution with the bill.

"Some of the problems some of the other states have seen over the years are difficulties and, say, arbitrariness in determining who is going to be subject to such civil confinement schemes," said Chuck Thorton, ACLU of Oklahoma.

But Box said he's not concerned Oklahoma will have those problems.

"If they do it based upon the person's propensity to reoffend, where's the stop? DUI? Shoplifters? I don't think we'll go that far," Box said.

In 2002, the U.S. Supreme Court upheld the constitutionality of civil confinement laws.

More on News9.com
- Evidence Questioned in McAlester Child Rape Case
- Pittsburg County Grand Jury Indicts Child Rapist
- New Allegations Against Child Rapist Sentenced to 1 Year in Prison
- Attorney General Wants Grand Jury to Investigate Child Rapist Only Serving 1 Year in Jail