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California: Sexually Violent Predator Entitled to Jury Trial on Petition Seeking Conditional Release by The California Court of Appeal has reversed the denial of a petition for conditional release filed by a sexually violent predator (SVP) who had received a psychological evaluation indicating that conditional release would be in his …
Ninth Circuit: Adam Walsh Detention Doesn’t Toll Term of Supervised Release by Derek Gilna In a case of first impression, the Ninth Circuit Court of Appeals held that the period of time spent in civil confinement under the Adam Walsh Act does not constitute “imprisonment,” and that a defendant’s period …
Hell on Earth: Sexual Victimization of the Criminally Insane by David Rosen Jan Brewer is the governor of Arizona and one of her three sons, Ronald, was charged in 1989 with the sexual assault and kidnapping of a Phoenix woman. He was diagnosed as suffering from schizophrenia and, in 1990, …
Article • November 15, 2013 • from PLN November, 2013
Minnesota Judge Condemns System that Jails Mentally Ill by A Minnesota state court judge blamed political indifference for a justice system that warehouses the mentally ill in county jails – a practice that may have resulted in the death of a guard ten weeks after he fought with a schizophrenic …
Analysis of Sex Offender Requirements and Civil Committment in U.S. and U.K. Kate Hynes Penn St. J. of Law & Int. Affairs 2013 Penn State Journal of Law & International Affairs Volume 2 | Issue 2 November 2013 The Cost of Fear: An Analysis of Sex Offender Registration, Community Notification, …
Effective Counsel Required in Kansas Civil Commitment Proceedings by The Kansas Supreme Court has held that prisoners facing civil commitment under the Kansas Sexually Violent Predators Act (KSVPA) have a due process right to effective assistance of counsel. The Court also held that ineffective assistance of counsel claims may be …
Eighth Circuit Denies Civilly Confined Minnesota Patients 1983 Action by Derek Gilna Civilly-committed patients in the Minnesota Sex Offender Program (MSOP) filed suit under 42 U.S.C. § 1983 against Minnesota Department of Human Services (DHS) and Minnesota Department of Corrections (DOC) officials, alleging that various conditions of their confinement were …
Article • September 15, 2013 • from PLN September, 2013
Second Circuit Establishes Property Seizure Standards for Civilly Committed Persons by As a matter of first impression, the Second Circuit Court of Appeals has undertaken a Fourth Amendment balancing analysis with regard to the right of a civilly committed person to be free from unreasonable seizures under the Fourth Amendment. …
Article • September 15, 2013 • from PLN September, 2013
Minnesota: Remedies for Civil Commitments are Limited by The Minnesota Supreme Court has held that a person who is indeterminately civilly committed as a Sexually Dangerous Person (SDP) or Sexual Psychopathic Personality (SPP) may not bring a motion seeking transfer or discharge from their commitment under Minn.R.Civ.P. 60.02, but may …
Brief • August 19, 2013
Steward v. Perry, TX, Interim Settlement, Institutionalization of Individuals with Developmental Disabilities, 2013
Article • July 15, 2013 • from PLN July, 2013
Illinois: Conditions Lawsuit Filed by Civilly Confined Sex Offenders Dismissed by Derek Gilna Civilly committed sex offenders confined pursuant to Illinois' Sexually Violent Persons Commitment Act, 725 ILCS 207/1-99, filed suit in federal court in 2007 under 42 U.S.C. § 1983, challenging the conditions of their confinement at the Rushville …
Article • July 15, 2013 • from PLN July, 2013
Re-incarceration Not Grounds to Dismiss Wisconsin Civil Commitment Petition by On June 29, 2012, the Wisconsin Supreme Court held that Wisconsin Statutes chapter 980 (2005-06), the state's sex offender civil commitment law, does not require that a pending commitment petition be dismissed when the person subject to civil commitment is …
Article • May 15, 2013 • from PLN May, 2013
Kentucky DOC May Not Alter Presentencing Custody Credits by The Kentucky Supreme Court has held that the Department of Corrections (DOC) lacks authority to modify a prisoner’s presentencing custody credit calculation. In 1993, Peter Bard was charged with murdering a deputy sheriff, but the charges were dismissed without prejudice when …
Federal Court Limits New York’s Civil Commitment Statute, but Injunction Vacated on Appeal by Derek Gilna A decision by the U.S. District Court for the Southern District of New York severely restricted portions of New York’s Sex Offender Management and Treatment Act (SOMTA). A lawsuit filed by Mental Hygiene Legal …
Article • May 15, 2013
California: Medical Records of Prisoner Being Evaluated for Civil Commitment Not Constitutionally Protected from Disclosure by The Ninth Circuit has held that the medical records of a California prisoner being evaluated for civil commitment under California's Sexually Violent Predator Act, Cal. Welf. & Inst. Code § 6600-6609, are not constitutionally …
Article • May 15, 2013
Wisconsin Appeals Court Orders Appointment of Examiner in Commitment Case by Derek Gilna Prisoner Dennis Thiel had appealed the denial of his petition for supervised release under Wisconsin Statute Chapter 980 (2003-04) (the Act), wherein the court had previously ordered that an examiner be appointed to take another look at …
Article • April 15, 2013
Washington Sexually Violent Predator Escape Law Upheld by The Washington state Court of Appeals held that a statute criminalizing escape from a civil commitment facility is not unconstitutional. On March 15, 2006, Matthew John Jagger was civilly committed to the McNeil Island Special Commitment Center (SCC) after he was found …
Article • April 15, 2013
Kentucky DOC Cannot Alter Time Served Credit by The Kentucky Supreme Court has held that prison officials lack authority to modify presentencing custody credit. Peter Bard was charged with murdering a deputy sheriff in 1993 but the charges were dismissed when he was found incompetent to stand trial. Bard was …
Article • April 15, 2013
Massachusetts Court Releases Mental Health Detainee After State Blows Deadline by Derek Gilna The Supreme Judicial Court for the county of Suffolk, Massachusetts dismissed the case of David Gangi, confined pursuant to G.L. c 123A, Section 13(a) to determine whether or not "probable cause exists to believe that the person …
Article • April 15, 2013
Nebraska Sex Offender Argues Due Process in Appeal of Commitment Order by Before the Nebraska Supreme Court, Appellant S.J. challenged the lower court’s affirmation of the Mental Health Board of the Fourth Judicial District’s order terming him a “dangerous sexual offender” and as such confining him to an inpatient treatment …
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