Federal judges are under no obligation to inform sex offenders that pleading guilty could result in civil confinementbut they would be well advised to do so, the U.S. Court of Appeals for the Second Circuit held yesterday in a case out of Western New York.
The circuit, addressing the issue for the first time, said that since the odds of civil confinement under the Adam Walsh Child Protection and Safety Act are relatively remote, trial judges are not bound by either the U.S. Constitution or Rule 11 of the Federal Rules of Criminal Procedure to advise defendants of that potential collateral consequence.
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