Nushawn Williams remains in civil confinement.

The former Jamestown resident, imprisoned after knowingly infecting at least a dozen women with HIV in the 1990s, is one of hundreds of sex offenders in New York still in custody despite – in Williams’ case – completing a 12-year prison sentence in 2010.

Under civil commitment laws, a judge or jury is able to determine whether a sex offender who meets the definition of a “sexually violent predator” should be released following their imprisonment or be placed in a secure facility for further supervision.

While many would favor the latter in most cases, a recent ruling by the New York State Court of Appeals could potentially lead to the release of several in civil confinement.

In October, the court decided that a sex offender, identified only as “Donald DD,” did not meet the necessary criteria for continued retention; this, in spite of a lengthy history of sexual abuse and rape.

Indeed, in 2002, “Donald DD” – then 18 years old – was charged with rape after having sexual intercourse with a 14-year-old victim.

In 2004, after his release from prison, he was again arrested for having sexual intercourse with an acquaintance despite her protestations.

In 2009, “Donald DD” was evaluated for civil management under Mental Hygiene Law article 10, which deals primarily with sex offenders and whether they constitute a threat to society and need continued supervision after serving in prison.

Psychiatric examiners determined that “Donald DD” suffered from antisocial personality disorder (ASPD), a condition they believed “predisposed” him to commit sexual crimes.

“Donald DD” was subsequently confined until 2014, when the Court of Appeals determined that ASPD did not prove a strong enough reason to warrant confinement.

A court report indicated that “a diagnosis of ASPD alone – that is, when the ASPD diagnosis is not accompanied by a diagnosis of any other condition, disease or disorder alleged to constitute a mental abnormality – simply does not distinguish the sex offender whose mental abnormality subjects him to civil commitment from the typical recidivist convicted in an ordinary criminal case.”

While the fate of “Donald DD” may be an aberration, it could lead to a greater reevaluation of civil confinement and whether sex offenders who have served their sentence are being unnecessarily confined.

It is not yet known whether Williams’ case will have a similar outcome.

An official with New York’s Office of Mental Health said the office will act in accordance with the court system.

“The Office of Mental Health is charged with the responsibility to provide treatment to individuals who are civilly committed pursuant to Article 10 of the Mental Hygiene Law,” the official said. “Each case is reviewed by a court to determine whether civil commitment is appropriate. If the court rules that civil confinement is necessary, OMH then follows the law according to statute.”

The official continued, “if any civilly confined individual is found by a New York state court to not meet the criteria for continued retention, the court will issue a decision to that effect.”