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Indiana Law Requiring Former Prisoners to Consent to Search and Monitoring of Their Computers Held Unconstitutional by Brandon Sample On June 24, 2008, U.S. District Court Judge David Hamilton struck down Section 8(b) of Indiana Public Law 119, which required sex offenders and violent offenders who had completed their sentences …
Texas Parole Officials Caught Lying to Federal Court With Impunity by A Texas federal court has dismissed as moot a parolee’s challenge to parole restrictions which prevented him from having unsupervised contact with his son. During the course of the litigation, parole officials repeatedly misled the court. Gerald Grant, a …
Article • February 15, 2009 • from PLN February, 2009
California Sex Offender’s Probation Travel Restrictions Abated by John Dannenberg by John E. Dannenberg Kenneth Smith was convicted of committing a lewd act on his stepdaughter and sentenced to three years in prison, which was suspended in lieu of five years probation. Upon learning that Los Angeles County had a …
Retroactive Residency Restrictions for Missouri Sex Offenders Unconstitutional by Matthew Clarke by Matt Clarke On May 24, 2007, Cole County, Missouri Circuit Court Judge Patricia S. Joyce ruled that a Missouri statute requiring certain registered sex offenders to move if they lived within 1,000 feet of a school (§ 566.147, …
Second Chance Act Signed Into Law, But Not Yet Funded by Brandon Sample Second Chance Act Signed Into Law, But Not Yet Funded by Brandon Sample On April 9, 2008, President Bush signed the Second Chance Act into law. The Second Chance Act (P.L. 110-199), a bi-partisan effort, was designed …
Sixth Circuit Upholds Partial Denial of Qualified Immunity for MI Jail Guards’ Failure to Protect Sex Offender; Case Settles for $190,000 by Sixth Circuit Upholds Partial Denial of Qualified Immunity for MI Jail Guards’ Failure to Protect Sex Offender; Case Settles for $190,000 The U.S. Court of Appeals for the …
Changes in Texas Parole Laws Violate Ex Post Facto Clause by Matthew Clarke by Matt Clarke On March 29, 2007, a federal court ruled that changes in Texas parole laws, practices and procedures violated the federal ex post facto clause when applied retroactively. Barry Michael Wion, a Texas state prisoner, …
Utah Sex Offender Internet Registry Statute Violates First Amendment by Mark Wilson On September 25, 2008, a federal court in Utah enjoined the enforcement of an amended statute requiring the state’s 7,000 registered sex offenders to report all of their Internet identifiers, including user names, passwords and website addresses. In …
Article • January 15, 2009
Sex Offender Treatment Parole Condition For Non Sex Offense Convictions Upheld Under Plain Error Standard On Appeal by Bob Williams By Bob Williams The United States Court of Appeals for the Seventh Circuit has held a sentence containing a sex offender assessment and treatment recommendation for a non sex offense …
Cook County Jail Conditions Unconstitutional, Charges Department of Justice by David Reutter Cook County Jail Conditions Unconstitutional, Charges Department of Justice by David M. Reutter On July 11, 2008, the U.S. Department of Justice’s Civil Rights Division issued a letter to officials at Illinois’ Cook County Jail (CCJ) which found …
Civil Commitment Provisions of Adam Walsh Act Held Unconstitutional by Civil Commitment Provisions of Adam Walsh Act Held Unconstitutional Congress exceeded its authority under the Commerce Clause and Necessary and Proper Clause of the U.S. Constitution in enacting the civil commitment provisions of the Adam Walsh Act, a Minnesota U.S. …
Use of Questionable “Lie Detectors" by Law Enforcement Expands Nationwide by Matthew Clarke Use of Questionable “Lie Detectors” by Law Enforcement Expands Nationwide by Matt Clarke In the aftermath of the Sept. 11, 2001 terrorist attacks, law enforcement and other government agencies implemented new practices to obtain information from suspects …
New York Sex Offenders’ Settlement Agreement Superseded by New Registration Law by New York Sex Offenders’ Settlement Agreement Superseded by New Registration Law The Second Circuit U.S. Court of Appeals dealt a blow to sex offenders in New York state when it ruled that despite an earlier suit and settlement …
Romance with Jail Guard Lands Sex Offender Back in Prison by Gary Hunter Once described as the most-watched prisoner in Texas, Wesley Wayne Miller has managed to make the news again. Miller, 45, is the state’s first prisoner to be committed under the Sexually Violent Predator Program. He was convicted …
Article • November 15, 2008 • from PLN November, 2008
Supreme Court: Death Penalty for Child-Rape Barred as Cruel and Unusual Punishment by by John E. Dannenberg A divided U.S. Supreme Court ruled 5-4 on June 25, 2008 that a Louisiana statute imposing the death penalty for rape of a child, absent murder or an intent to kill, was unconstitutional …
Article • November 15, 2008 • from PLN November, 2008
CA State Auditor: 352 Licensed Residential Living Facilities Errantly Housed Registered Sex Offenders by John Dannenberg CA State Auditor: 352 Licensed Residential Living Facilities Errantly Housed Registered Sex Offenders by John E. Dannenberg The California State Auditor cross-checked the State’s database of its 59,000 registered sex offenders and that of …
Ninth Circuit: Washington Law Creates Liberty Interest in Sex Offenders’ Early Release to Community Custody by Ninth Circuit: Washington Law Creates Liberty Interest in Sex Offenders’ Early Release to Community Custody A divided panel of the Ninth Circuit U.S. Court of Appeals held that Washington State statute RCW § 9.94A.710(1) …
Courts Find Ohio Adam Walsh Act Unconstitutional by Cuyahoga County Judge Ronald Suster held on May 9, 2008 that Ohio’s Adam Walsh Act violates the retroactivity clause of the Ohio Constitution and is an ex post facto law. Ohio has maintained a sex offender registry since 1963. The first substantial …
Article • October 15, 2008 • from PLN October, 2008
Ice Cream Trucks No Treat for Sex Offenders by Several cities and at least one state have passed laws that prohibit sex offenders from driving ice cream trucks. In 2004 Eduardo Grau, 56, was driving an ice cream truck in New York state when he molested a 9-year-old girl. It …
New Jersey Joins Other States in Restricting Internet Use by Sex Offenders by New Jersey Joins Other States in Restricting ?Internet Use by Sex Offenders On December 27, 2007, New Jersey enacted legislation to restrict convicted sex offenders’ Internet use. Acting Governor Richard J. Codey relied on public hysteria over …
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