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Unsupported Penile Plethysmograph Testing as Condition of Release Rises to Due Process Violation, Creates Liberty Interest

Loaded on Oct. 15, 2007 published in Prison Legal News October, 2007, page 38
Filed under: Sex Offenders (Discrimination), Disciplinary Hearings, Liberty Interests, Parole, Sex Offender Treatment. Location: California.
The Ninth Circuit U.S. Court of Appeals held that arbitrarily imposing a penile plethysmograph [electromechanical gauge of male sexual stimulation] testing requirement as a condition of supervised release for a sex offender violates due process liberty interests. To enforce such a condition, a court must first make an evidentiary determination …

 

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