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Article • November 15, 2011
26,500 Settlement Reached in Washington State Over-Detention Suit by A $26,500 settlement was reached in a wrongful imprisonment suit filed against the Washington State Department of Corrections (WDOC). In November 1997, Benjiman Abolafya was convicted of third degree rape and sentenced to 60 months in WDOC custody. After receiving the …
Louisiana Sex Offender Agrees to Surgical Castration by David Reutter What should be done with sex offenders who are not prison guards, cops or priests is an emotionally-charged issue. Most states have adopted some form of civil commitment, but others have adopted the more drastic option of chemical and surgical …
Article • September 15, 2011
Washington Civil Commitment Trial Law Not Retroactive by Washington State’s Court of Appeals, Division I, has held that the Legislature’s amendment of RCW 71.09.090 did not apply retroactively, holding that amendment properly applies to prohibit new trials on commitment status for sexual predators on the sole basis of advancing age. …
Washington State’s 2005 Sexual Predator Amendment Not Retroactive by David Reutter By David Reutter Washington State’s Supreme Court has held the 2005 amendment to the state’s sexually violent predator act (SVPA) does not apply retroactively. The Court also held a trial court may not weigh evidence at a show of …
Article • September 15, 2011 • from PLN September, 2011
Florida Courts Criticize Indefinite Detention While Awaiting Civil Commitment Trials by Florida sex offenders who have completed their prison sentences may face a legal morass that leaves them stuck in indefinite detention while awaiting trial on whether they should be civilly committed. During such pre-trial detention they receive little to …
Illinois Department of Corrections Must Pay Attorney For Indigent Committed Under Sexually Dangerous Persons Act by Matthew Clarke By Matt Clarke An Illinois court of appeals has held that the Illinois Department of Corrections (DOC) must pay the court costs and attorney fees for an indigent person committed under the …
Article • July 15, 2011
California Prisoner Entitled to Parole Gate Money Even if Release is to a Hold for Sexually Violent Predator Evaluation by John Dannenberg California Prisoner Entitled to Parole "Gate Money" Even if Release is to a Hold for Sexually Violent Predator Evaluation By John E. Dannenberg The California Court of Appeal …
Article • July 15, 2011
California Court of Appeal Invalidates Untimely MDO Certification by Michael Brodheim By Mike Brodheim The California Court of Appeal has invalidated the determination of the Board of Parole Hearings ("Board") that Felicia Blakely is a mentally disordered offender ("MDO"), finding that her MDO evaluations and certification occurred after her parole …
Article • July 15, 2011 • from PLN July, 2011
Fourth Circuit Upholds Federal Civil Commitment Statute Against Constitutional Challenge by The procedures for civil commitment of “sexually dangerous” federal offenders do not violate due process, the U.S. Court of Appeals for the Fourth Circuit held on December 6, 2010. In 2006, the United States initiated civil commitment proceedings against …
Article • July 15, 2011
PLRA's IFP Restrictions Do Not Apply To Civil Commitments by Brandon Sample By Brandon Sample Sex offenders that are civilly committed upon completion of their sentences are not "prisoners" within the meaning of the Prison Litigation Reform Act (PLRA), the U.S. Court of Appeals for the Tenth Circuit decided October …
Article • June 15, 2011 • from PLN June, 2011
First Circuit Reverses Finding that Sexual Interest in Adolescents Not Disorder Warranting Civil Commitment by Brandon Sample On June 4, 2009, U.S. District Court Judge Joseph L. Tauro ordered the release of a federal prisoner the government had sought to civilly commit as a sexually dangerous person. In ordering the …
Article • May 15, 2011 • from PLN May, 2011
Staff Smuggle Drugs and Porn to Washington Civil Commitment Prisoners by Mark Wilson A Washington Special Commitment Center (SCC) nurse who fell in love with a civilly committed violent sex offender pleaded guilty to smuggling him drugs and homemade pornographic videos; the offender and two other people were charged with …
Article • May 15, 2011
California Court Holds Subpoenas Ineffective If Factual Basis for Materiality Lacking in Civil Commitment Hearing by Following transfers from the California Supreme Court, the Fourth Appellate District (Div. 3) granted five petitions for writs of prohibition/mandate (consolidated into a single case), finding that the contested subpoenas duces tecum issued by …
Article • May 15, 2011
California Civil Detainee Convicted of Assaulting Guard by California’s Fourth District Court of Appeals has affirmed the conviction for battery upon a custodial officer against a “civil committee.” Following the jury’s verdict, a sentence of eight years was imposed upon “two strikes offender” Jeremy Noel Dooley. Dooley was a civil …
Article • April 15, 2011
Washington Court of Appeals Upholds Civil Commitment’s Conviction for Assault by The Division II Court of Appeals for the State of Washington has affirmed the assault conviction of a civilly committed man. Bob Pugh assaulted a King County Sheriff’s Department officer while he was being escorted from the McNeil Island …
Wisconsin Civil Commitment Patients Denied Minimum Wage by The Wisconsin Court of Appeals held on March 31, 2010 that civilly committed patients are not entitled to minimum wage for the work they perform. Hung Nam Tran and Eric L. Fankhauser are civilly committed patients confined at the Wisconsin Resource Center …
Civilly Committing Sex Offenders Strains Some States’ Budgets by Matthew Clarke by Matt Clarke The twenty states that have civil commitment programs will spend close to a half-billion dollars in 2010 to incarcerate and provide treatment for some 5,200 civilly-committed sex offenders. The per-offender cost for civil commitment is much …
Article • January 15, 2011 • from PLN January, 2011
Cavity Searches of Civil Commitment Patients for Cellphone Upheld by Eighth Circuit by The Eighth Circuit Court of Appeals upheld a strip search of 150 Minnesota civil commitment patients, but warned that it was “a close question of constitutional law,” which reached the outer limits of acceptable conduct. On October …
U.S. Supreme Court Holds Federal Civil Commitment Statute Lawfully Enacted by Brandon Sample Congress did not exceed its powers under the Necessary and Proper Clause in authorizing the federal civil commitment of “sexually dangerous” federal prisoners upon the completion of their sentences, the U.S. Supreme Court decided May 17, 2010. …
Article • June 15, 2010 • from PLN June, 2010
California: Indefinite Civil Commitment of Sexually Violent Predators May Violate Equal Protection by In a January 28, 2010 ruling, the California Supreme Court held that Prop. 83, a November 2006 ballot initiative also known as Jessica’s Law, may violate constitutional guarantees of equal protection by subjecting sexually violent predators (SVPs), …
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