IT IS CONCLUDED THAT THE STATE STATUTES SURVEYED LEAVE THE PROBLEM OF THE VIOLENT OFFENDER UNSOLVED AND CREATE NEW PROBLEMS IN THE FAIR AND EFFICIENT ADMINISTRATION OF JUSTICE. IT IS OBJECTED THAT MOST STATUTES ABANDON THE PRINCIPLE OF PROPORTIONALITY; ARE VAGUE; CONFUSE THE GOALS OF PUNISHMENT, INCAPACITATION, AND THERAPY; ALLOW DISCRETION TO BE EXERCISED BY MEDICAL PROFESSIONALS; RELY HEAVILY ON ASSESSMENTS OF PERSONALITY TRAITS AND PREDICTION OF VIOLENT BEHAVIOR; AND IMPOSE PENALTIES SO SEVERE THAT COURTS AND JURIES MAY BE UNWILLING TO APPLY THEM. THE AUTHOR OFFERS RECOMMENDATIONS BASED ON THE BELIEFS THAT STATUTES APPLIED TO VIOLENT OFFENDERS MUST RESPECT AND PROTECT THE RIGHTS OF THE OFFENDER AND AVOID SANCTIONS PREDICATED ON BEHAVIOR THAT HAS NOT YET HAPPENED. RECOMMENDATIONS ARE DESIGNED TO ELIMINATE PREVENTIVE DETENTION, ESTABLISH PUNISHMENT AS THE SOLE JUSTIFICATION FOR SANCTIONS, CREATE PROPORTIONALITY, AND ESTABLISH AND PRESERVE THE PROTECTION OF DUE PROCESS..RCB