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Reduced Likelihood of Parole Does Not constitute a Penalty by The First Circuit Court of Appeals determined that refusal to participate in sex treatment program merits reduced likelihood of parole and did not constitute as a penalty. Wayne Ainsworth a convicted New Hampshire prisoner, sex offender who had been admitted …
Kansas Prisoner's Sexually Motivated Behavior In Custody Leads To Sex Offender Classification by The Kansas Court of Appeals ruled in State prisoner Roland Hill's state habeas corpus petition that he could be classified and managed as a sex offender while incarcerated and under post release supervision based on sexually motivated …
Parolee Sex Offender Classification Without Conviction Requires Heightened Procedural Safeguards by by Bob Williams The United States Court of Appeals for the Tenth Circuit has held that sex offender classification requires more due process for parolees than for incarcerated prisoners, but failed to delineate what process is due. In 1987, …
Confessions Made in Therapy Protected Under 5th Amendment by The court of appeals for the Ninth circuit held that statement made by a prisoner in court ordered therapy are protected by the Fifth amendment's right Against self incrimination. Washington state prisoner Dan Pens was committed to a sexual psychopath program …
Florida Sex Offenders Must Pay for Court Order Treatment by Florida Second District Court of Appeals has held that a trial court's order that requires the Florida Department of Corrections (FDOC) to pay the cost of a probationers sex offender treatment violates the doctrine of separation of powers. The trial …
Article • May 15, 2007
Sex Offender Can Be Compelled to Admit Crimes for Entry to Prison Program by The Second Circuit Court of Appeals has held that a prison program for sex offenders, which requires the prisoner to admit guilt to crimes convicted upon, does not violate the prisoner's rights to equal protection and …
Article • May 15, 2007
WA State Properly Filed Civil Commitment Petition Two Days Before Prisoner's Prison Release Date by WA State Properly Filed Civil Commitment Petition Two Days Before Prisoner's Prison Release Date On May 9, 2000, George Taylor, a Washington State Prisoner, was two days shy of his prison release date on a …
$641,000 Settlement In Beating Death Of Alabama Jail Prisoner by Following the death a man who was allegedly beaten by jailers in a Montgomery, Alabama, jail, the City settled with the man's estate for $641,000. The decedent was arrested in June 1997 for fondling a 10-year-old girl and imprisoned in …
Minnesota Sex Predator Not Entitled to Jury Trial before Being Civilly Committed by Minnesota Sex Predator Not Entitled to Jury Trial before Being Civilly Committed James Poole, a Minnesota state prisoner, was civilly committed for an indefinite period of time under that state's sexual predator laws. He was not allowed …
Oregon Prisoners Confined For Mental Illness Causing Sexual Deviancy Entitled to Adequate Treatment by Oregon Prisoners Confined For Mental Illness Causing Sexual Deviancy Entitled to Adequate Treatment In 1978, Merlin Ohlinger and another man identified only as Haddon (plaintiffs) were Oregon state prisoners. Both had indeterminate life sentences under OKS …
Sex Offender Treatment Records Not Subject to Discovery by The plaintiff was raped in a McDonald's parking lot and sued the company. The rapist is now in prison and receiving mental health treatment, and the victim is seeking his prison mental health records. Under state law (the case being a …
Racial Discrimination Claim in IL Civil Commitment Must Be Brought under Habeas by The plaintiffs are present and former civil detainees in the Sexually Violent Persons Units of the prison system who alleged that commitment to that program reflected racial bias against African-American offenders who committed crimes against white victims. …
Article • May 15, 2007
Okay to Hold Sexually Violent Predator in Jail for Trial by The plaintiff was held after the expiration of his sentence pursuant to the state Sexually Violent Predators Act. He spent some time in a county jail after that point, in connection with hearings on his commitment, and alleges that …
Article • May 15, 2007
Kentucky Sex Offender Classification Upheld by The plaintiff complained he was wrongfully classified as a sex offender based on a prior state conviction for criminal sexual abuse. The court finds that federal prison policy supports the classification, and classification decisions do not present constitutional issues. The classification based on a …
Sex Offender Treatment for Release Claim Rejected by The plaintiff complained that denial of parole because of his refusal to participate in a sex offender program violated the Ex Post Facto Clause. His claim is rejected. His term of incarceration has not yet expired, so he is not being subjected …
No Liberty Interest in Sex Offender Classification by A prisoner plaintiff said he had no internal procedure available to challenge his sex offender classification. Defendants said that the grievance system permitted classification matters to be aired. The court decides the question in favor of defendants and dismisses for non-exhaustion, noting …
Article • May 15, 2007
Washington Sex Offender Parole Violated for Possessing "The Blue Lagoon" DVD by The Washington Court of Appeals upheld a sex offender's community placement sanction for possessing the film "The Blue Lagoon," which starred a young Brooke Shields. Mark Smith pled guilty to molesting his 5 and 7-year-old stepdaughters. He was …
Sexual Predator Statute Cannot Be Challenged in Habeas Corpus Proceeding by The U.S. Sixth Circuit Court of Appeals held that an Ohio prisoner could not use habeas corpus, 28 U.S.C. § 2254, to challenge the constitutionality of Ohio's sexual predator law, Ohio Revised Code (O.R.C.) § 2950.01, et. seq. Oliver …
Texas Sex Offender Counseling Provision Not Ex Post Facto by The Fifth Circuit Court of Appeals held that a statute enacted after a prisoner was convicted and sentenced is not ex post facto if it is not punitive. Texas prisoner George W. Rieck, Jr., filed a habeas corpus petition challenging …
Article • May 15, 2007
Iowa: Prior Sex Offenses Not Grounds For Prisoner's Continued Confinement by The Iowa Supreme Court held that a state prisoner who had prior convictions for sex offenses but was not currently imprisoned on sex- related charges was ineligible for commitment as a sexually violent predator. Jessie J. Gonzalez was convicted …
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