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Pennsylvania Parole Board May Not Condition Parole of Sex Offender on Admission of Guilt Due to Ex Post Facto Violation by The Third Circuit Court of Appeals has held that in denying parole to convicted sex offender Louis Mickens-Thomas for his refusal to participate in a sex offender program that …
Thousands Referred but Very Few Qualify for Commitment as Sexually Violent Predators in California by Responding to a legislative request, California’s Bureau of State Audits reviewed the process used by the California Department of Corrections and Rehabilitation (CDCR) to refer sex offenders to the Department of Mental Health (DMH) and, …
Brief • March 26, 2012
Duarte v. City of Lewisville, TX, Complaint, sex offender residence restrictions, 2012 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS SHERMAN DIVISION AURELIO DUARTE; WYNJEAN DUARTE; BRANDI DUARTE; and SAVANA DUARTE, a Minor, By and through Wynjean Duarte, acting as her Next Friend; No. __________________ Plaintiffs V. THE CITY OF …
Tenth Circuit Affirms Sentence in Excess of Federal Advisory Guidelines for Sex Offender Who Violated Terms of Supervised Release by In an unpublished opinion, the Tenth Circuit affirmed the district court's imposition of an 18-month prison term for a Utah man, Brian Olinger, who pled guilty to three violations of …
Missouri Federal Court Enjoins Denial of Housing Assistance to Sex Offender by Matthew Clarke by Matt Clarke On March 14, 2011, a federal court in Missouri temporarily enjoined the Housing Authority of St. Louis County (HASLC) from denying housing assistance to a seriously ill man who had been convicted of …
Texas Prison Employees Accused of Improper Relationships with Sex Offenders by Three Texas Department of Criminal Justice (TDCJ) employees have been accused of engaging in improper relationships with prisoners in sex offender evaluation or treatment programs at the Goree Unit in Huntsville. Two of the employees were counselors in the …
HUD Regulations Don't Justify Terminating Lifetime Sex Offender Registrant from Federally-Appointed Housing Program by Richard Miller was convicted of a Washington State sex offense in 1996. In 2002, he applied for and was accepted into a Section 8 Housing Voucher Program in Massachusetts. In 2005, he moved to Maine and …
Audit Recommends Cost-Saving Measures for Minnesota Sex Offender Program by A March 2011 report by Minnesota’s Office of the Legislative Auditor (OLA) found that while civilly committing sex offenders increases public safety, the prohibitive costs associated with administering the Minnesota Sex Offender Program (MSOP) could be reduced by, among other …
Homeless New Mexico Sex Offender Arrested for Moving Out of Dumpster by Charles Mader, a registered sex offender, was homeless when he was released from jail, so he listed a dumpster at an intersection in Albuquerque, New Mexico as his residence. That was fine with authorities. However, after Mader moved …
Some States Resist Implementing Adam Walsh Act Requirements by Under the federal Adam Walsh Act, also known as the Sex Offender Registration and Notification Act (SORNA), states were required to implement standardized and stringent registration requirements for sex offenders by July 27, 2011 – following two extensions from the original …
New York’s Sex Offender Civil Commitment Program Proves Expensive, Problematic by Matthew Clarke by Matt Clarke At an annual cost of $175,000 per civilly-committed sex offender, New York’s civil commitment program is the second most expensive in the country (Washington state is first at a cost of $177,000 per prisoner). …
Article • November 15, 2011
Vermont Sex Offenders May Not Challenge DOC Programming Decisions by Vermont prisoners may not challenge sex offender programming requirements, the Vermont Supreme Court decided on July 1, 2011. Allen Rheaume, a sex offender serving a life sentence, sought review of the Vermont Department of Corrections (DOC) decision to classify him …
Article • November 15, 2011
New York Sex Offender Commitment Proceedings Permitted against Unlawfully Detained by New York’s highest court held that the legality of a prisoner’s custody is irrelevant in ascertaining whether he or she is a “detained sex offender” in considering involuntary commitment of a prisoner under Article 10 of the Mental Hygiene …
Article • November 15, 2011
Sex Offender Designation Process Upheld by Louisiana Supreme Court by On July 1, 2011, the Supreme Court of Louisiana upheld the constitutionality of the Sex Offender Assessment Panel (SOAP) process. The Louisiana legislature enacted the SOAP in order to identify which sex offenders should be classified as either sexually violent …
Article • November 15, 2011
New York Court of Appeals Upholds Sex Offender Visitation Rights by The New York Court of Appeals, Third Division, upheld a family court’s ruling that the father who is convicted of 49 counts of child molestation of his male students be granted visitation rights with his young daughter. The New …
Louisiana Sex Offender Agrees to Surgical Castration by David Reutter What should be done with sex offenders who are not prison guards, cops or priests is an emotionally-charged issue. Most states have adopted some form of civil commitment, but others have adopted the more drastic option of chemical and surgical …
FBI Claims 2,500 Percent Increase in Child Porn Arrests by Although the number of prosecutions for child pornography is small in comparison with drug and immigration offenses, child porn cases have skyrocketed according to FBI statistics. Arrests for such crimes are up 2,500 percent since 1996, largely due to technology …
Article • September 15, 2011
Washington Prisoners' Supervision Requirement That They not Have Sex without Prior "Consent and Approval" Upheld by Washington Prisoners' Supervision Requirement That They not Have Sex without Prior "Consent and Approval" Upheld Justin Autrey and Darrell Abbott, Washington state sex offenders, appealed trial court stipulations to their release from prison. Those …
Virginia Supreme Court Says Plethysmograph Evidence Inadmissible by The Virginia Supreme Court has held that plethysmograph evidence is inadmissible in all judicial proceedings without foundation as to reliability. Matthew Edwards Billips committed several sex offenses involving young children when he was 18 years old. He was convicted of those offenses …
Minnesota: 1999 Law Requiring Sex Offenders To Undergo Mental Health Treatment Cannot Be Applied Retroactively by John Dannenberg by John E. Dannenberg The Minnesota Court of Appeals held that a 1999 statutory amendment mandating all sex offenders to undergo mental health treatment was an ex post facto law as applied …
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