Of this number, 2, 085 are as a result of doctors deciding that there is a substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped.
42.
That distinction blurred when the sexually violent predator laws, departing from laws that dealt only with the demonstrably mentally ill, allowed commitment of those with a " mental abnormality " or " personality disorder ."
43.
Critics of the commitment statute here unsuccessfully argued that it was unconstitutional because it tacked on new measures after sentencing and that since a " mental abnormality " was not a recognized diagnosis the condition technically could not be treated.
44.
Justice Sandra Day O'Connor said the Kansas law " seems to be kind of a new category of confinement " based on a diagnosis of " some sort of mental abnormality " instead of mental illness.
45.
Kansas allows a person charged with or convicted of a violent sex crime to be confined to a mental institution as long as prosecutors can show he has a mental abnormality and is likely to engage in sex crimes in the future.
46.
The law is not required to contain the specific term " mental illness, " and its use of the terms " mental abnormality " and " personality disorder " instead are sufficient, Thomas wrote.
47.
The state law defines " sexually violent predators " as someone who has been convicted of, or charged, with a violent sex crime and who suffers from a mental abnormality that makes them likely to engage in such acts.
48.
It would allow the state's attorney general to request that a sex offender be committed to a mental hospital if a court finds the person has a mental abnormality or other disorder that suggests a likelihood to commit sexual violence again.
49.
Unlike the older law, which required a person to suffer from a mental illness, the new law can be used to confine a person with a mental abnormality or personality disorder that predisposes a person to commit acts of sexual violence.
50.
A " mental abnormality " is a legal term of art that is not identical to a mental illness though experts generally refer to diagnoses contained in the Diagnostic and Statistical Manual of Mental Disorders ( DSM ) as evidence of a mental abnormality.
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