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Article • April 15, 2011
Offense of Conviction Need Not Be Sexual to Receive Sex Offender Restrictions by by Brandon Sample Sex offender restrictions may be imposed on offenders whose offense of conviction did not involve sexual misconduct, the U.S. Court of Appeals for the Tenth Circuit decided December 18, 2008. The Court of Appeals …
Washington State: Polygraphs Not Required for Relief from Sex Offender Registration by As juveniles, Jeffrey Hooper and Terry Felice were found guilty of sex crimes that required them to register as sex offenders. In 2008, as adults, they each filed petitions asking the Spokane County Superior Court to relieve them …
Summary Judgment Granted to a County Sheriff for a Civil Detainees Civil Violation by A California Federal District Court granted defendant’s motion for summary judgment in a lawsuit alleging violation of a civil detainee’s Fourth Amendment rights. Civil detainee John T. Sundquist was at the Atascadero State Hospital under the …
Band-aid Applied to Florida’s Homeless Sex Offender Colony Falls Off by David Reutter by David M. Reutter When Florida’s Miami-Dade County adopted an ordinance that extended the 1,000-foot state law residency restrictions for sex offenders to 2,500 feet, the estimated 100 sex offenders who return to Miami-Dade each year after …
Wisconsin Civil Commitment Patients Denied Minimum Wage by The Wisconsin Court of Appeals held on March 31, 2010 that civilly committed patients are not entitled to minimum wage for the work they perform. Hung Nam Tran and Eric L. Fankhauser are civilly committed patients confined at the Wisconsin Resource Center …
Article • March 15, 2011
Violation of Washington SSOSA Need Not be Willful by The En Banc Washington state Supreme Court affirmed a lower court’s revocation of a sex offender’s suspended sentence under Washington’s Special Sex Offender Sentencing Alternative (SSOSA). In 2000, David Elvin McCormick was convicted of raping his 11-year-old developmentally disabled granddaughter. The …
Georgia Sex Offender Registration Act Unconstitutionally Vague As Applied to Homeless Offenders Without a Route or Street Address by Georgia’s sex offender registration law is unconstitutionally vague as applied to homeless sex offenders, the Supreme Court of Georgia decided October 27, 2008. William Santos was charged with violating Georgia’s sex …
Onerous Ohio Sex Offender Restrictions Drive Some Underground by Matthew Clarke by Matt Clarke Public officials in Cleveland, Ohio have noticed that some registered sex offenders are dropping out of sight. When the officials attempted to confirm the offenders’ registered addresses, they found they didn’t live there. The reason for …
Abuse and Assaults Continue at Pennsylvania Jail by David Reutter by David M. Reutter An attorney representing a prisoner who suffered a near-fatal attack by another prisoner at Pennsylvania’s Lackawanna County Prison (LCP) has claimed that the incident demonstrates a pattern of mistreatment by staff at the facility. Prisoner Nicholas …
Civilly Committing Sex Offenders Strains Some States’ Budgets by Matthew Clarke by Matt Clarke The twenty states that have civil commitment programs will spend close to a half-billion dollars in 2010 to incarcerate and provide treatment for some 5,200 civilly-committed sex offenders. The per-offender cost for civil commitment is much …
Fourth Circuit Vacates Pornography Restriction on Federal Defendant by The U.S. Court of Appeals for the Fourth Circuit has vacated a set of supervised release conditions that prohibited a defendant from possessing pornography, entering places where pornography could be obtained, having contact with children and requiring that the defendant undergo …
Article • January 15, 2011 • from PLN January, 2011
California Governor Orders Corrections Officials to Retain Parole Files Indefinitely by The killing of a 17-year-old girl by a sex offender whose parole records had been destroyed resulted in a minor political frenzy in California. The Associated Press requested the parole records of John Albert Gardner III, who was charged …
Article • January 15, 2011 • from PLN January, 2011
Washington Supreme Court Holds No Liberty Interest in Sex Offender Release to Community Custody by The Washington Department of Corrections (DOC) may lawfully deny sexually violent predators early release to the community, the Supreme Court of Washington decided August 20, 2009. In so holding, the court concluded that RCW 9.94A.728(2) …
U.S. Supreme Court Holds Federal Civil Commitment Statute Lawfully Enacted by Brandon Sample Congress did not exceed its powers under the Necessary and Proper Clause in authorizing the federal civil commitment of “sexually dangerous” federal prisoners upon the completion of their sentences, the U.S. Supreme Court decided May 17, 2010. …
Child Porn Investigations May Snare the Innocent by Michael Rigby by Mike Rigby A new threat looms in the Internet age – the threat of improper prosecutions and wrongful convictions for the unwitting receipt, possession or attempted possession of child pornography. Everyone is at risk, as these offenses can be …
Fifth Circuit Delineates Process Due Before Imposition of Sex Offender Parole Conditions by Matthew Clarke by Matt Clarke On May 20, 2010, the Fifth Circuit Court of Appeals held that Texas parolees who had never been convicted of a sex offense, but were subject to onerous sex offender parole conditions …
Virginia Issues Report on Monitoring of Sex Offenders Subject to Registration by by Matt Clarke In January 2010, the Virginia State Police (VSP) issued a report on the monitoring of sex offenders who are required to comply with registration laws. The report noted a high rate of compliance (94%) with …
Article • September 15, 2010 • from PLN September, 2010
Technology, Budget Cuts Make Sex Offender Monitoring More Difficult by Matthew Clarke by Matt Clarke Technological innovations and tech-savvy sex offenders, combined with budget cuts, have made it harder for law enforcement authorities to monitor the nation’s estimated 716,750 registered sex offenders (RSOs). That does not include all RSOs, as …
Registered Sex Offender Remained on City Payroll While Incarcerated by Michael Brodheim Dennis J. McLaughlin, a water maintenance worker for Baltimore’s Department of Public Works (DPW), continued to earn his salary from 2007 to 2008 while serving a prison sentence for sexually abusing a 13-year-old girl. McLaughlin, 37, pleaded guilty …
SORNA Challenges Produce Mixed Results; Supreme Court Weighs In by Brandon Sample Over the past several years a split has developed between the federal courts of appeal over the scope and constitutionality of the Sex Offender Registration and Notification Act (SORNA), a component of the federal Adam Walsh Child Protection …
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