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Washington State’s 2005 Sexual Predator Amendment Not Retroactive by David Reutter By David Reutter Washington State’s Supreme Court has held the 2005 amendment to the state’s sexually violent predator act (SVPA) does not apply retroactively. The Court also held a trial court may not weigh evidence at a show of …
Tennessee GPS Monitoring of Sex Offenders Upheld by The Sixth Circuit Court of Appeals has held that Tennessee’s Sex Offender Registration and Monitoring acts do not violate the ex post facto prohibition of the U.S. Constitution. In doing so, the appellate court determined that tracking via a global positioning system …
Third Circuit Upholds Pennsylvania Sex Offender Treatment Parole Requirement by Mark Wilson The Third Circuit Court of Appeals held that a sex offender treatment requirement did not violate a Pennsylvania prisoner’s constitutional rights. In 1987, Clifford Newman was convicted of several sex offenses and sentenced to 20 years in prison. …
GPS Tracking of Washington Sex Offenders Expanded by David Reutter By David M. Reutter In September 2008, The Washington State Department of Corrections (WDOC) began requiring its most violent sex offenders to wear a GPS monitoring bracelet for the first 30 days after release from prison. The new program is …
Ohio Legislature Cannot Increase Sex Offender Registration Requirements Imposed By Court by Michael Brodheim By Michael Brodheim A divided Ohio Court of Appeals has held that changes to the state's Sex Offender Registration and Notification (SORN) Act, increasing its registration and notification requirements, violate the constitutional separation of powers doctrine …
New York Sex Offenders’ Settlement Agreement Superseded By New Registration Law by John Dannenberg by John E. Dannenberg The Second Circuit U.S. Court of Appeals dealt a blow to New York state sex offenders when it ruled that in spite of an earlier suit and settlement agreement constraining sex offender …
Article • July 15, 2011
Albuquerque’s Regulation Banning Sex Offenders from Public Libraries Held Unconstitutional by In a courageous ruling, the Hon. M. Christina Armijo, U.S. District Judge for the District of New Mexico, granted the motion for summary judgment of plaintiff John Doe, a registered sex offender in the State of New Mexico, with …
No Right to Destruction of Juvenile Records in Virginia by David Reutter By David M. Reutter The Virginia Supreme Court has held that there is no vested right under state law to have juvenile records destroyed. The Court, however, found that an expert’s testimony was inadmissible because that testimony was …
Article • July 15, 2011 • from PLN July, 2011
Fourth Circuit Upholds Federal Civil Commitment Statute Against Constitutional Challenge by The procedures for civil commitment of “sexually dangerous” federal offenders do not violate due process, the U.S. Court of Appeals for the Fourth Circuit held on December 6, 2010. In 2006, the United States initiated civil commitment proceedings against …
Article • June 15, 2011 • from PLN June, 2011
Ninth Circuit Upholds Washington’s “Two Strikes Law” for Repeat Sex Offenders by On September 23, 2010, the Ninth Circuit Court of Appeals held that the State of Washington’s “two strikes” law for repeat sex offenders, which results in a mandatory sentence of life in prison without the possibility of parole, …
Uproar Over Background Checks for BP Oil Spill Workers Following Rape Allegation Against Sex Offender by David Reutter by David M. Reutter A brouhaha has erupted in Mississippi after an unregistered sex offender, who was working on the BP oil spill cleanup, was charged with raping a co-worker. The uproar …
Article • May 15, 2011 • from PLN May, 2011
Homeless Probationer’s Violation for Failure to Comply with GPS Monitoring Reversed by On December 21, 2010, the Massachusetts Supreme Judicial Court set aside a probation violation finding where the probationer was unable to accommodate the technological requirements of GPS monitoring equipment while living in a homeless shelter. The Court found …
State Auditor Finds Vermont Sex Offender Registry Unreliable by Matthew Clarke by Matt Clarke On June 25, 2010, the Vermont State Auditor released a report entitled Sex Offender Registry: Accuracy Could be Significantly Improved. As the title implies, the auditors found critical or significant errors in 79% of the community-based …
Fifth Circuit: Sex Offender Conditions May be Imposed for Prior Sex Offense by Matthew Clarke by Matt Clarke The Fifth Circuit Court of Appeals held that a person on parole for a crime that was not a sex offense, but who had completed a sentence for a prior sex offense …
U.S. Supreme Court Asks Montana Supreme Court to Address Whether FJDA Conviction Requires Registration Under Montana Law by On June 7, 2010, the U.S. Supreme Court certified a question to the Montana Supreme Court in order to decide whether a petition for writ of certiorari currently pending before the Court …
Article • May 15, 2011
Washington DOC Agrees to Settle Sex Offender Early Release Suit for $6,000 by On June 17, 2006, the Washington Department of Corrections (DOC) agreed to settle a 42 U.S.C. §1983 suit over the DOC’s Earned Early Release Date (EERD) program. Dan Bedker, Jr., a sex offender, sued Joseph Lehman, the …
Washington State Supreme Court Allows Withdrawal of Juvenile's Guilty Plea to Sex Offense by On January 28, 2010, the Supreme Court of Washington State issued an opinion allowing a juvenile to withdraw a guilty plea to a sex offense due to ineffective assistance of appointed counsel and misunderstanding the charge. …
California’s Megan’s Law Applies Retroactively by California’s Fourth District Court of Appeal has affirmed that the California version of “Megan’s Law” may be retroactively applied to persons convicted of qualifying crimes prior to the statute’s 2004 enactment and subsequent amendments. In so holding, the Court rejected the petitioners’ equitable estoppel …
Protecting Society or Fooling Ourselves? Research-Based Insights on Sex Offender Policy in the United States by Dr. DJ Williams Dr. DJ Williams and Robbie Jenks, Idaho State University USA “There is always a well-known solution to every human problem—neat, plausible, and wrong.” – H. L. Mencken Since the early 1990s, …
Article • April 15, 2011
Second Circuit Reverses Summary Judgment for Connecticut Prisoner Allegedly Misclassified as a Sex Offender by The U.S. Court of Appeals for the Second Circuit has reversed a grant of summary judgment for a Connecticut prisoner who had alleged that he was misclassified as a sex offender. Joe Vega sued Connecticut …
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