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Kansas Sex Offender Civil Commitment Program Under Scrutiny by Matthew Clarke The Sexual Predator Treatment Program, operated by the Kansas Department for Aging and Disability Services, is at the heart of a debate over whether civil commitment programs are truly designed to rehabilitate offenders convicted of sex crimes, or are …
Publication • February 12, 2016
19. Alternative Report on Force Drugging, Forced Electroshock and Mental Health Screening for Children, ICCPR Coalition Report Submission of the Disability Working Group To the Human Rights Committee Prepared by Tina Minkowitz and Al Galves, with the assistance of Celia Brown, Myra Kovary and Eve Remba On behalf of: New …
Article • October 30, 2015
Filed under: Witnesses, Civil Commitment
No Compulsory Process Advice Reverses Oregon Civil Commitments by No Compulsory Process Advice Reverses Oregon Civil Commitments On August 13, 2014, the Oregon Court of Appeals held that those facing involuntary commitment must be informed of their right to subpoena witnesses, in terms they will understand. Oregon Statute (ORS) 426.100(1) …
Article • October 15, 2015
California Prosecution Seeking to Commit Detainee as Sexually Violent Prisoner Limited in Discovery by California Prosecution Seeking to Commit Detainee as Sexually Violent Prisoner Limited in Discovery The California Appeals Court for the Fourth District, Division Two has limited the State of California’s (“State”) discovery to detainee’s “updated mental evaluation” …
Article • October 14, 2015
Filed under: Civil Commitment
Sex Offender Loses Adam Walsh Civil Commitment Appeal by Sex Offender Loses Adam Walsh Civil Commitment Appeal The United States Court of Appeals for the Fourth Circuit affirmed, on December 10, 2013, the judgement of the District Court for the Eastern District of North Carolina civilly committing appellant Richard Savage …
Article • September 22, 2015
Oregon Prisoner’s “Release” from Mental Hospital to Prison Reversed by Oregon Prisoner’s “Release” from Mental Hospital to Prison Reversed The Oregon Court of Appeals reversed an order conditionally releasing a hospitalized mentally ill prisoner to prison. In 2010, Robert Erskine was found guilty except for insanity of burglary. He was …
Article • April 9, 2015 • from PLN April, 2015
Civilly Committed Sex Offenders Increasingly Released in Wisconsin by Matthew Clarke Civilly Committed Sex Offenders Increasingly Released in Wisconsin by Matt Clarke he State of Wisconsin is releasing more violent sex offenders who were civilly committed following their prison sentences, in part, officials say, because the state’s treatment program is …
Article • March 4, 2015 • from PLN March, 2015
Texas Sex Offender Oversight Agency Faces Investigations, Calls for Reform by Matthew Clarke Texas Sex Offender Oversight Agency Faces Investigations, Calls for Reform by Matt Clarke An increasing number of attorneys, legislators and prisoner advocacy groups are calling for reforms to Texas laws governing the civil commitment of sex offenders, …
Article • February 4, 2015 • from PLN February, 2015
Georgia’s High Court Finds No Categorical Right to Counsel in Civil Contempt Proceedings by David Reutter Georgia’s High Court Finds No Categorical Right to Counsel in Civil Contempt Proceedings by David Reutter The Georgia Supreme Court affirmed an appellate court’s ruling that decertified a plaintiff class of indigent parents who …
Article • February 4, 2015 • from PLN February, 2015
Misconduct at Washington State Civil Commitment Center as Concern Grows Over Releases by David Reutter Misconduct at Washington State Civil Commitment Center as Concern Grows Over Releases by David M. Reutter Washington state’s Special Commitment Center (SCC), which was created to house and treat prisoners classified as violent sexual predators, …
Article • February 4, 2015 • from PLN February, 2015
Eighth Circuit: Deliberate Indifference Standard GovernsMedical Care for Civilly Committed Detainees by Mark Wilson Eighth Circuit: Deliberate Indifference Standard GovernsMedical Care for Civilly Committed Detainees by Mark Wilson On February 4, 2014, the Eighth Circuit reversed a district court’s denial of qualified immunity, finding that it had applied the wrong …
Article • January 13, 2015
NY Governor Faces Liability for SVP Initiative Denying Due Process to Civilly Committed by NY Governor Faces Liability for SVP Initiative Denying Due Process to Civilly Committed On February 14, 2013, the Second Circuit Court of Appeals affirmed a New York federal district court’s denial of summary judgment to state …
Treatment Industrial Complex: Brief on Privatization of Correctional Medical & Mental Health Treatment AFSC of AZ 2014 TREATMENT INDUSTRIAL COMPLEX: How For-Profit Prison Corporations are Undermining Efforts to Treat and Rehabilitate Prisoners for Corporate Gain ion BIngo tizat a iv r P n io t a carcer In M O …
Article • October 5, 2014
Texas Supreme Court Rules on Which Experts Qualify for Civil Commitment Trial by Matthew Clarke Texas Supreme Court Rules on Which Experts Qualify for Civil Commitment Trial   by Matt Clarke   On August 31, 2012, the Supreme Court of Texas held that an expert who testifies in a civil …
Article • September 18, 2014 • from PLN September, 2014
Eighth Circuit Upholds Injunction Over Cameras in Restrooms at Civil Commitment Center by Matthew Clarke Eighth Circuit Upholds Injunction Over Cameras in Restrooms at Civil Commitment Center by Matt Clarke In April 2013 the Eighth Circuit Court of Appeals upheld a preliminary injunction granted by a federal district court in …
A Way Forward - Diverting People with Mental Illness from Inhumane and Expensive Jails into Community-Based Treatment that Works, ACLU & Bazelon, 2014 A WAY FORWARD: Diverting People with Mental Illness from Inhumane and Expensive Jails into Community-Based Treatment that Works TABLE OF CONTENTS I. EXECUTIVE SUMMARY.......................................................................................................... 1 A. FINDINGS............................................................................................................................ …
Oklahoma Law Review Article on Sexually Violent Predator Committment, 2014 Dangerous Diagnoses, Risky Assumptions, and the Failed Experiment of “Sexually Violent Predator” Commitment Deirdre M. Smith † 246 Deering Avenue Portland, Maine 04102 (207) 780-4376 deirdre.smith@maine.edu http://mainelaw.maine.edu/faculty/profiles/smith.html Draft: Please do not quote from or cite to this article without the …
Article • May 19, 2014 • from PLN May, 2014
North Dakota Courtroom Shackling Requires Independent Assessment by Judge by Mark Wilson North Dakota Courtroom Shackling Requires Independent Assessment by Judge   by Mark Wilson   The North Dakota Supreme Court has held that a lower court abused its discretion by failing to independently assess the need for shackling a …
Article • April 15, 2014 • from PLN April, 2014
No Discipline for Oregon Prosecutor and Defense Counsel for Illegal Confinement of Mentally Ill Defendant by Although the Oregon State Bar initially decided to pursue disciplinary charges against the district attorney for Washington County and a criminal defense attorney who represented a mentally ill defendant, for causing the defendant’s illegal …
Article • February 15, 2014 • from PLN February, 2014
Ninth Circuit: 9-Year Detention Pending Civil Commitment Proceeding Warrants Habeas Relief by In March 2013, the Ninth Circuit Court of Appeals reversed a district court’s dismissal of a pro se habeas petitioner’s claim that his 9-year detention while waiting for the State of California to initiate civil commitment proceedings was …
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