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Indeterminate Civil Commitment Provisions Do Not Apply Retroactively by The Court of Appeal of California, Sixth Appellate District, has reversed and remanded with instructions to dismiss a Sexually Violent Predator (SVP) certification. Joseph Johnson, Jr., was convicted of rape and sentenced to 33 years in prison in 1980. In 2000, …
Article • January 15, 2010
Nebraska Supreme Court Upholds Civil Commitment Law by The Nebraska Sex Offender Commitment Act (SOCA) does not run afoul of either the Nebraska or United States Constitutions, the Nebraska Supreme Court decided March 13, 2009. J.R. was convicted of first degree sexual assault of a child. Prior to his release …
Article • November 15, 2009 • from PLN November, 2009
Former North Dakota State Psychologist Who Treated Sex Offenders Busted for Child Porn by Facing a sentence ranging from 5 to 30 years, Joseph Belanger, a North Dakota psychologist who treated sex offenders at the State Hospital in Jamestown, was sentenced on January 28, 2009 to 84 months in federal …
State May Lawfully Punish Sex Offender for Refusing to Participate in Sex Offender Program by Sex offenders may be denied certain privileges for refusing to participate in a sex offender treatment program without running afoul of the First and Fifth Amendments, the U.S. Court of Appeals for the Third Circuit …
Article • July 15, 2009
Iowa Sex Offenders May Be Civilly Committed Based on Lifetime Risk of Future Dangerousness by Sex offenders in Iowa may be civilly committed based on their lifetime risk of future dangerousness, the Supreme Court of Iowa held May 9, 2008. Bryan Pierce was convicted in 1987 and 2000 for sexual …
Indeterminate Commitment Order Reversed on Appeal by On March 15, 2007, a California superior court erroneously granted a motion requesting the involuntary commitment of David Litmon, Jr. for an indeterminate length of time. The State filed the motion under the terms of Proposition 83, which went into effect in 2006 …
Article • April 15, 2009 • from PLN April, 2009
Minnesota Sex Offenders’ Requisite Disclosure in Treatment Can Violate Fifth Amendment by Minnesota Sex Offenders’ Requisite Disclosure in Treatment Can Violate Fifth Amendment Minnesota state prisoners Frank Johnson and John Henderson individually petitioned for writs of habeas corpus in 2005 after 45 days were added to their sentences for noncompliance …
Article • February 15, 2009
California SVP Act Allows Indeterminate Department Of Health Commitment by California Sexually Violent Predator (SVP) Ronald Carroll appealed his indeterminate commitment to the State Department of Mental Health (DMH) after a two year statutory commitment provision was amended. The commitment was affirmed. Carroll was convicted of rape in 1970 and …
Article • November 15, 2008 • from PLN November, 2008
Texas State Auditor States Some Prison Rehabilitation Programs Effective, Some Not by Matthew Clarke Texas State Auditor States Some Prison Rehabilitation Programs Effective, Some Not by Matt Clarke In March, 2007, the Texas State Auditor’s Office (SAO) released a report on five rehabilitation programs used in the Texas state prison …
Brief • October 17, 2008
Donhauser v. Goord et al, NY, Order and Settlement Agreement, good time credit sex offender refusal to admit guilt, 2008
Kansas Sex Offender Treatment Program Violates Fifth Amendment by The plaintiff was required to complete a sex offender treatment program or suffer impaired ability to earn good time, transfer to maximum custody, and loss of privileges for the review period, which "mirror the consequences imposed for serious disciplinary infractions." The …
150 Days in Segregation for Civil Detainee Upheld by Eighth Circuit by The Eighth Circuit Court of Appeals has held that a civil detainee’s placement in isolation for 150 days was not a constitutional violation, considering the specific facts in this case. The ruling affirms a Minnesota federal district court’s …
Article • August 15, 2008
Remote Sex Conviction Cannot Support Sex Offender Treatment Condition by The Sixth Circuit Court of Appeals has held that a 17-year-old conviction was too remote in time to warrant a special supervised release condition mandating sex offender treatment, but left open whether a more recent stalking conviction warranted imposition of …
Parole Denial for Lack of Sex Offender Treatment Upheld by The plaintiff, a convicted sex offender, was denied parole inter alia because he failed to participate in mental health counseling or sex offender treatment. Later he refused to agree to a program plan which would have remedied those lacks. Then …
California: Few Sex Predators Civilly Committed To Mental Hospitals, Despite Expanded Qualification Criteria by John Dannenberg by John E. Dannenberg Even though California widely expanded the potential pool of violent sex predator (SVP) prisoners who could be forced into mental hospitals after completing their criminal sentences, and despite spending $27 …
Washington Civilly Committed SVPs Entitled To Less Restrictive Alternative Than McNeil Island by In a brief opinion, the United States Court of Appeals for the Ninth Circuit upheld a decision by the United States District Court for the Western District of Washington which required a "less restrictive alternative" facility to …
Court Upholds Kansas Sex Offender Treatment Protocol by The plaintiff, who pleaded nolo contendere to sexual exploitation of a child, was assigned to a Sexual Abuse Treatment Program, which requires that he sign an "Admission of Responsibility" form, listing all past behavior, charged or uncharged, that might have been a …
Lawsuits test crackdown on sex criminals by john gramlich Friday, April 18, 2008 Stateline Article By John Gramlich, Stateline.org Staff Writer A death-penalty case argued before the U.S. Supreme Court this week marks the latest constitutional challenge to an ongoing, nationwide crackdown on sex criminals. From California to North Carolina, …
Article • January 15, 2008
WI Sex Offender Wrongly Forced to Consent to Videotaping of Treatment Sessions by Dennis Thiel, a Wisconsin state prisoner, was committed as a sexually violent person to the state Department of Health and Family services (DHFS). He sued DHFS personnel in state court for withholding treatment from him because he …
Retroactive Application of NJ Sex Offender Law Upheld by The plaintiffs were convicted before September 1979 of sex offenses and their conduct determined to be characterized by "a pattern of repetitive and compulsive behavior." They were sentenced to indeterminate terms in an Adult Diagnostic and Treatment Center and could not …
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