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Article • April 15, 2013
Eighth Circuit Vacates District Court Commitment Order Issued Without a Hearing by The U.S. Court of Appeals for the Eighth Circuit has granted the interlocutory appeal of Fred Neal, Jr., attacking the district court's discretion to order a commitment to conduct a competency evaluation, on Due Process grounds. It, ruled …
Article • April 15, 2013
Court Upholds Guilty Plea Although Defendant Wasn't Advised of Adam Walsh Impact by Derek Gilna Mark Allen Youngs pleaded guilty to child pornography offenses, and as part of the sentencing process was advised by the district court of his various rights under Rule 11, but was not advised of possible …
Seventh Circuit: No Minimum Wage for Civilly Committed Sex Offenders by The Seventh Circuit Court of Appeals held that civilly committed sexually violent offenders are not entitled to minimum wage for the labor they perform. After serving his prison sentence, Paschall L. Sanders, III, was civilly committed to a secure …
Article • March 15, 2013
Wisconsin Prisoner's Pro-Se AEDPA Action Dismissed, Reversed and Remanded by Derek Gilna The U.S. District Court for the Western District of Wisconsin's denial of a pro-se application for a writ of habeas corpus by prisoner Stanley E. Martin, Jr., was reversed and remanded by the Seventh Circuit Court of Appeals …
“Shocks the Conscience” Test Applied to Conditions at Civil Commitment Center by The Eighth Circuit Court of Appeals has held that the “shocks the conscience” standard, as opposed to the “professional judgment” standard, is the proper analysis when determining an alleged due process violation based on the treatment and discipline …
Article • March 15, 2013
New Jersey Supreme Court Turns Back Constitutional Challenge to the State's Sexually Violent Predator Act by Derek Gilna In an opinion decided November 9, 2010, the New Jersey Supreme Court rejected constitutional challenges to their New Jersey Sexually Violent Predator Act, NJSA. In the case, the court ruled against the …
9th Circuit: Class-action by Civilly Committed Sexually Violent Predators May Proceed on Claims for Declaratory and Injunctive Relief by Following remand from the U.S. Supreme Court, the Ninth Circuit reversed in part its previous published ruling, Hydrick v. Hunter, 500 F.3d 978 (9th Cir. 2007) [PLN, April 2007, p.34], which …
Virginia Considers Privatizing State’s Civil Commitment Center by Joe Watson A November 2011 standoff between police and two sex offenders threatening suicide at the Virginia Center for Behavioral Rehabilitation (VCBR), the state’s civil commitment facility near Richmond, raised concerns about the safety and treatment of residents held at the center. …
Federal Sex Offender Civil Commitment Process Under Fire by Derek Gilna Among other provisions, the Adam Walsh Child Protection and Safety Act of 2006 allows the federal government to indefinitely detain “sexually dangerous” offenders through a civil commitment process, which requires mandatory court hearings after such offenders have been certified …
Article • August 15, 2012 • from PLN August, 2012
From the Editor by Paul Wright When Prison Legal News published its first issue in May 1990, it was less than one month after Washington state became the first in the nation to enact a civil commitment law for sex offenders. PLN has reported on this issue ever since as …
Article • July 15, 2012
Washington SVP Commitment Reversed for Improper Impeachment Evidence by The Washington State Court of Appeals reversed a lower court's civil commitment order under the State's Sexually Violent Predator Act (SVP). The Court held that the lower court erred in allowing an expert witness to be impeached by findings of fact …
Article • July 15, 2012
United States District Court in New York Sides with Prisoners in § 1983 Action against Former New York Governor George Pataki and Others by Derek Gilna United States District Court in New York Sides with Prisoners in § 1983 Action against Former New York Governor George Pataki and Others By …
Article • July 15, 2012
Oregon Court Reverses Civil Commitment without Prehearing Notice by The Oregon Court of Appeals, sitting En Banc, reversed an involuntary civil commitment order, finding that the trial court violated Oregon law by failing to provide prehearing notice. An Oregon woman, identified only by her initials, SJF, was involuntarily hospitalized on …
Article • July 15, 2012
Oregon "Magistrate Mental Illness Hold" Invalid; Judge, Prosecutor & Defense Attorney Face Ethics Complaints by Oregon "Magistrate Mental Illness Hold" Invalid; Judge, Prosecutor & Defense Attorney Face Ethics Complaints An Oregon judge issued a permanent "magistrate mental illness hold," indefinitely committing a man, without authority to do so. Now a …
Civil Commitment Must be Challenged through Commitment Proceedings Instead of Habeas Corpus by Brandon Sample A federal prisoner challenging his or her civil commitment detention under the Adam Walsh Act (Act) as a “sexually dangerous person” may not resort to habeas corpus for such challenges, the U.S. Court of Appeals …
Thousands Referred but Very Few Qualify for Commitment as Sexually Violent Predators in California by Responding to a legislative request, California’s Bureau of State Audits reviewed the process used by the California Department of Corrections and Rehabilitation (CDCR) to refer sex offenders to the Department of Mental Health (DMH) and, …
Audit Recommends Cost-Saving Measures for Minnesota Sex Offender Program by A March 2011 report by Minnesota’s Office of the Legislative Auditor (OLA) found that while civilly committing sex offenders increases public safety, the prohibitive costs associated with administering the Minnesota Sex Offender Program (MSOP) could be reduced by, among other …
Business is Booming for Prison Profiteers by James Kilgore Private corrections company The GEO Group celebrated the holiday season by opening a new 1,500-bed prison in Milledgeville, Georgia on December 12, 2011. The $80 million facility is expected to generate approximately $28 million in annual revenues. Though GEO (formerly Wackenhut …
New York’s Sex Offender Civil Commitment Program Proves Expensive, Problematic by Matthew Clarke by Matt Clarke At an annual cost of $175,000 per civilly-committed sex offender, New York’s civil commitment program is the second most expensive in the country (Washington state is first at a cost of $177,000 per prisoner). …
Article • November 15, 2011
New York Sex Offender Commitment Proceedings Permitted against Unlawfully Detained by New York’s highest court held that the legality of a prisoner’s custody is irrelevant in ascertaining whether he or she is a “detained sex offender” in considering involuntary commitment of a prisoner under Article 10 of the Mental Hygiene …
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