U.S.law prohibits confining people for crimes they might commit in the future except in the case of

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Civil commitment allows for the possibility of confinement of individuals who have not committed a crime but are deemed a threat to themselves or others based on a mental health evaluation. This is the only exception to the prohibition on confinement for crimes that might be committed in the future. Mental health commitment, mental retardation, and psychopathy do not necessarily indicate a future risk of criminal behavior and therefore do not justify pre-emptive confinement.

USlaw Prohibits Confining People for Crimes They Might Commit in the Future