Every single person who is on these sex offender registries has been subjected to a legislatively created and applied mental health statute. Don’t believe it? Simply check your State’s Outpatient Civil Commitment Laws.
And while the legislature certainly has the authority to create whatever statute it so chooses, it is grossly violative of our constitutional scheme for it to apply a mental health statute to people “It” determines warrant such.
Only through procedures which have due process protections commensurate with those required for application of Mental health statutes can states apply these statutes.