Monday, January 4, 2010

Nebraska Supreme Court to decide if alcoholism is a mental illness when deciding on treatment of sex offenders

From The AP:


OMAHA, Neb. -- The Nebraska Supreme Court has been asked to decide if alcoholism can be considered a mental illness in determining whether to commit sex offenders.

The case involves a man found by the state's mental health board to be a dangerous sex offender in need of inpatient treatment. The board's decision to commit the man was based largely on a psychiatrist's finding that the offender suffered from alcohol dependence.

The man's lawyers argue, among other things, that the Douglas County District Court erred in considering a diagnosis of alcohol dependence as a mental illness. The court noted that alcohol dependence is not among the definitions of mental illness in the Nebraska's Sex Offender Commitment Act.

The high court is set to hear the appeal on Jan. 6.