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Article • November 1, 2021 • from PLN November, 2021
Eighth Circuit Clarifies Legal Standards for Conditions-of-Confinement Lawsuits Brought by Civilly-Committed Sex Offenders by Matthew Clarke by Matt Clarke On February 21, 2021, the United States Court of Appeals for the Eighth Circuit issued an opinion clarifying the legal standards to be applied to lawsuits over conditions of confinement brought …
Article • August 1, 2021 • from PLN August, 2021
Resisting a Prison Without End by Jayson Hawkins, Panagioti Tsolkas by Jayson Hawkins and Panagioti Tsolkas The fantasy of those who profit off the Prison Industrial Complex has long been perpetual incarceration. This dream has seeped into reality in recent decades as many states began adopting LWOP (life without parole) …
Article • August 1, 2020 • from PLN August, 2020
Commitment to New Jersey’s “Special Treatment Unit” a Potential Death Sentence by Kevin Bliss by Kevin W. Bliss Sex offenders who had completed their criminal sentences in the state of New Jersey were being civilly committed to a facility that had a higher death rate due to COVID-19 than any …
Article • December 11, 2019 • from PLN December, 2019
Filed under: Civil Commitment
Summary Judgment Affirmed Against Publication in Civil Commitment Facility by David M. Reutter by David M. Reutter n August 21, 2019, the Eleventh Circuit Court of Appeals upheld a grant of summary judgment to officials who had banned a civil commitment detainee’s newsletter and placed page limits on the copying …
Modern-Day Gulag In the Golden State by Barbara Koeppel by Barbara Koeppel, The Washington Spectator, June 4, 2019 Back in 1997, the Supreme Court ruled that the practice known as civil commitment was legal. This meant that 20 states—which had passed laws permitting the ongoing incarceration of sex offenders—could continue …
Fifth Circuit Vacates Dismissal of Suit by Civilly Committed Sex Offender by Matthew Clarke by Matt Clarke In December 2018, the Fifth Circuit Court of Appeals vacated the dismissal of a lawsuit filed by a civilly committed Texas sex offender against Tarrant County, Tarrant County Sheriff Dee Anderson and Avalon …
New Rule Sparks Uprising at California Sex Offender Civil Commitment Facility by Matthew Clarke by Matt Clarke On January 14, 2018, about 400 to 500 civilly committed sex offender “patients” met in the common area of California’s Coalinga State Hospital to protest a stringent new rule that went into effect …
Texas Uses Failed Private Prison to Hold Civilly Committed Sex Offenders by Matthew Clarke by Matt Clarke In 2015, Texas converted its outpatient program for civilly committed sex offenders into a “tiered” treatment program, in which participants start out in a “total confinement facility” at twice the cost of the …
Article • July 2, 2018 • from PLN July, 2018
Civil Commitment Used to Imprison Drug Users in Massachusetts by Edward Lyon by Ed Lyon While most states have laws allowing the involuntary civil commitment (ICC) of the mentally ill, some states extend such laws to addicted drug abusers. Massachusetts is the only state to specify by statute that people …
Assessing the Real Risk of Sexually Violent Predators: Doctor Padilla's Dangerous Data, Tamara Rice Lave and Franklin E. Zimring, 2018 ASSESSING THE REAL RISK OF SEXUALLY VIOLENT PREDATORS: DOCTOR PADILLA’S DANGEROUS DATA Tamara Rice Lave* and Franklin E. Zimring** ABSTRACT This Article uses internal memoranda and emails to describe the …
Brief • March 8, 2018
Washington v. Fletcher, WA, Opinion, Commitment Mental Health, 2018 This opinion was filed for record IN CLERKS OFFICE eUPRBE C0U7T.SOJE OF WASH1^!G1t»i DATS ^AR 0 8 281^ at 9'.00a^ .on lTlOArfc;? 3oi2 cmeFJusncs SUSAN L. CARLSON SUPREME COURT CLERK IN THE SUPREME COURT OF THE STATE OF WASHINGTON STATE OF …
The Criminalization of the Mentally Ill in Maine by by Lance Tapley, Pine Tree Watch In April, 2017, while incarcerated at the Maine State Prison’s Intensive Mental Health Unit in Warren, James Staples removed his own eyeball. The 66-year-old prisoner, who has a lengthy history of both mental illness and assault …
From Cages to the Community: Prison Profiteers and the Treatment Industrial Complex by Christopher Zoukis by Christopher Zoukis Criminal justice reform is slowly taking hold in the U.S. Since 2014, at least 30 states have passed legislation aimed at reducing their prison populations. And following the election of “law and …
Article • January 8, 2018 • from PLN January, 2018
Utah Settles Federal Suit Alleging Delays in Competency Treatment for Pre-trial Detainees by Derek Gilna by Derek Gilna On June 14, 2017, Utah officials entered into a settlement to resolve a federal class-action lawsuit that alleged the state failed to provide timely and proper mental health competency evaluations and treatment …
Eighth Circuit Reverses Finding of Due Process Violations in Minnesota Civil Commitment Program by Matthew Clarke by Matt Clarke On January 3, 2017, the Eighth Circuit Court of Appeals handed down an opinion that reversed a district court’s finding of substantive due process violations in a civil rights complaint brought …
Article • June 30, 2017 • from PLN July, 2017
California: Sex Offender’s Civil Commitment Overturned for Lack of Evidence by On October 24, 2016, a division of the California Court of Appeal reversed a ruling by a Los Angeles County judge that found a thrice-convicted sex offender was a “Sexually Violent Predator” who should be indefinitely committed to a …
Article • June 30, 2017 • from PLN July, 2017
Illinois Supreme Court: No Appointed State Expert in SDPA Recovery Proceeding by On May 19, 2016, the Supreme Court of Illinois held the state could not use a handpicked expert witness to give testimony in a recovery proceeding under the Sexually Dangerous Persons Act (SDPA). James E. Grant was convicted …
Annual Report on Mental Health Care, Illinois Dep't. Of Corrections IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS PEORIA DIVISION ASHOOR RASHO et al., Plaintiffs, vs. DIRECTOR JOHN R. BALDWIN, et al., Defendants ) ) ) ) ) ) ) ) ) ) ) No. 1:07-CV-1298-MMM-JEH …
Article • March 14, 2017
Connecticut Supreme Court: Insanity Acquittee May Be Held in Prison on Bond by On November 3, 2015, the Supreme Court of Connecticut held that an insanity acquittee who was being held in a maximum-security psychiatric hospital could be held in prison if unable to pay the $100,000 bond set for …
Florida’s Civil Commitment Center a “Living Death Sentence” by David Reutter According to state officials, the Florida Civil Commitment Center (FCCC), which holds up to 720 residents billed as the worst sexual predators in the state, is necessary to ensure public safety. For Correct Care Recovery Solutions, a spin-off company …
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