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Only Three States in Compliance with Unfunded Federal Sex Offender Mandates by Matthew Clarke by Matt Clarke In 2006 Congress enacted the Adam Walsh Act, which requires states to institute stricter monitoring of sex offenders or face losing 10% of their federal crime-prevention grants. Although all states were supposed to …
Indiana Sex Offender Registration Law Can Not Be Retroactively Applied by The Indiana Sex Offender Registration Act (ISRA) can not be applied to offenders who committed their crimes before the statute’s enactment, the Indiana Supreme Court decided on January 6, 2010. Gary M. Hevner was convicted in 2008 of possessing …
Article • July 15, 2010
Idaho Supreme Court Vacates No Contact Order Imposed on Sex Offender by On December 29, 2009, the Supreme Court of Idaho vacated a no contact order that precluded a sex offender from having any contact with minors. Brian Cobler was sentenced to ten years in prison after pleading guilty to …
Ineffective Attempts to Protect Texas Prisoner Were Sufficient by The Fifth Circuit Court of Appeals reversed a district court’s denial of summary judgment to prison officials who had failed to safeguard a Texas state prisoner, saying their ineffective attempts to protect him were sufficient. Gregory Moore was incarcerated at the …
Article • June 15, 2010 • from PLN June, 2010
California: Indefinite Civil Commitment of Sexually Violent Predators May Violate Equal Protection by In a January 28, 2010 ruling, the California Supreme Court held that Prop. 83, a November 2006 ballot initiative also known as Jessica’s Law, may violate constitutional guarantees of equal protection by subjecting sexually violent predators (SVPs), …
Bailey v. Pataki, NY, Memorandum, Involuntary Admittance to Hospitals, 2010 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK KENNETH BAILEY, Plaintiff, -againstGEORGE PATAKI, et. al., Defendants. Case No. 08-Civ-8563 (JSR) Memorandum in Law in Support of Plaintiff’s Motions for Preclusion of Prejudicial Evidence and for Bifurcation TABLE OF CONTENTS …
Washington State Not Required to Prove Current Dangerousness for Civil Commitment as Sexually Violent Predator by On October 1, 2009, the en banc Supreme Court of Washington ruled that the state was not required to prove a sex offender would reoffend within the foreseeable future to civilly commit him as …
Utah Sex Offender Registration Injunction Vacated by On August 20, 2009, a Utah federal court lifted the injunction it had previously issued against the Utah sex offender registry requiring registered sex offenders to register their internet names and passwords. John Doe is the pseudonym for a man who was convicted …
Texas Parolee Challenges His Designation as Sex Offender by On September 3, 2002, Texas parolee Miller Branch, Jr., filed an amended civil rights complaint in federal district court pursuant to 42 U.S.C. § 1983 challenging his designation as a "sex offender" by parole officials and the requirement that he register …
Article • May 15, 2010
Deportation Order Not Determinative of SSOSA Sentence in Washington State by The State of Washington Court of Appeals has held that a trial court abused its discretion when it refused to consider a special sex offender sentencing alternative (SSOSA) based on its mistaken belief that it lacked authority to impose …
Ineffective Attempts to Protect Texas Prisoner Were Sufficient by The Fifth Circuit Court of Appeals reversed a district court’s denial of summary judgment to prison officials who had failed to safeguard a Texas state prisoner, saying their ineffective attempts to protect him were sufficient. Gregory Moore was incarcerated at the …
Article • January 15, 2010 • from PLN January, 2010
Shortcomings Cited at Virginia’s Civil Commitment Facility by Matthew Clarke by Matt Clarke The almost two-year-old, $62-million maximum-security Virginia Center for Behavioral Rehabilitation (VCBR) is still having start-up problems. Located in rural Nottoway County on 28 acres and opened in February 2008, VCBR is unable to retain staff and offers …
New York Politicians Want to Re-Evaluate Civil Confinement Release Law by Matthew Clarke by Matt Clarke Two years ago New York enacted the Sex Offender Management and Treatment Act, which lets a jury release a civilly-committed sex offender from confinement if the state fails to provide sufficient evidence of a …
Sex with Former Jail Employee Lands Texas Sex Offender Back in Prison by On February 27, 2009, three days after his release from prison, Wydell J. Vaughn, 28, found himself back behind bars for having a romantic relationship with a former jail employee. Vaughn was convicted in 2002 on two …
Washington Supreme Court Upholds Denial of Parole for Sex Offender Who Refuses to Admit Guilt by In a 5-4 decision, the Supreme Court of Washington state, sitting en banc, upheld the denial of parole for an untreated sex offender. Richard J. Dyer was convicted of abducting and repeatedly raping two …
Indeterminate Civil Commitment Provisions Do Not Apply Retroactively by The Court of Appeal of California, Sixth Appellate District, has reversed and remanded with instructions to dismiss a Sexually Violent Predator (SVP) certification. Joseph Johnson, Jr., was convicted of rape and sentenced to 33 years in prison in 1980. In 2000, …
Bailey v. Pataki, NY, Memo to Preclude-Prejudicial Evidence-Bifurcation - Sex Offenders (2010) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK KENNETH BAILEY, Plaintiff, -againstGEORGE PATAKI, et. al., Defendants. Case No. 08-Civ-8563 (JSR) Memorandum in Law in Support of Plaintiff’s Motions for Preclusion of Prejudicial Evidence and for Bifurcation TABLE …
GPS Used to Track Sex Offenders in Washington State by Matthew Clarke by Matt Clarke Like firefighters and airline pilots, the ten Washington Department of Corrections community correction officers (CCOs) assigned to monitor high-risk sex offenders in King County via Global Positioning System (GPS) hope for a really boring day …
Article • December 15, 2009
Defamation Claim Filed by Hawai'i Sex Offender Labeled as Murderer Dismissed by On June 30, 2009, a Hawai'i Appellate Court filed its decision affirming the trial court judgment to dismiss a complaint filed on September 11, 2002 by a convicted sex offender, Waldorf Roy Wilson. Defendants in the complaint were …
Article • December 15, 2009
Out of State Detainer Does not Prevent Civil Commitment of Sex Offender Scheduled for Release by In an opinion filed June 23, 2009, the Ninth Circuit affirmed a lower court's conclusion to allow the civil commitment of a prisoner in Washington who was about to be released to a detainer …
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