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Eighth Circuit Reverses Dismissal of Forced Religion Claim by The Eighth Circuit Court of Appeals reversed the dismissal of a prisoner?s Establishment Clause Claim as frivolous. In June 2000, Arkansas prisoner James Munson was granted parole, contingent upon completion of a year long sex offender treatment program called Reduction of …
Unsupported Penile Plethysmograph Testing as Condition of Release Rises to Due Process Violation, Creates Liberty Interest by The Ninth Circuit U.S. Court of Appeals held that arbitrarily imposing a penile plethysmograph [electromechanical gauge of male sexual stimulation] testing requirement as a condition of supervised release for a sex offender violates …
Article • October 15, 2007 • from PLN October, 2007
Minnesota Sanction for Sex Offender Treatment Refusal Violates Fifth Amendment by The Minnesota Court of Appeals held that disciplining a prisoner and extending his prison sentence for refusal to participate in sex offender treatment was a violation of the Fifth Amendment. The appellate court concluded that State ex rel. Morrow …
Florida’s Civil Commitment Center Exhibits Little Change Despite New Contractor by David Reutter Florida's Civil Commitment Center Exhibits Little Change Despite New Contractor by David M. Reutter Despite recent scandals and a new private contractor, the Florida Civil Commitment Center (FCCC) is still a facility with little direction other than …
Due Process Required Before Termination from Colorado Sex Offender Treatment Program by Bob Williams The United States District Court for the District of Colorado has again found that Colorado state prisoners convicted of sex offenses have a liberty interest in receiving treatment and must be afforded due process prior to …
Article • July 15, 2007 • from PLN July, 2007
Washington State’s Federal Oversight of Sexually Violent Predators Ended by John Dannenberg Washington State's Federal Oversight of Sexually Violent Predators Ended by John E. Dannenberg After thirteen years of oversight, the U.S. District Court (W.D. Wash.) dissolved its injunction that had taken over control of Washington State's sexually violent predator …
Article • July 15, 2007 • from PLN July, 2007
Washington Supreme Court Reverses Parole Denial by In a shocking five-to-four decision, the Washington Supreme Court, for the first time ever, reversed a parole denial by the state Indeterminate Sentence Review Board (Board). The Court found that the Board had ignored evidence at Richard Dyer?s December 4, 2002 parole hearing …
Article • May 15, 2007
Fifth Amendment Not Violated By New Hampshire Sex Offender Program by The First Circuit Court of Appeals concluded that the New Hampshire DOC's Sex Offender Program (SOP) does not violate the Fifth Amendment right against self-incrimination. Wayne Ainsworth, along with a group of convicted sex offenders, became willing participants in …
Immunity Granted to Sex Offenders in Treatment by The Wisconsin Supreme Court has held that Gary Tate was entitled to immunity for statements made during court-imposed sex offender treatment, and the revocation of his probation for refusing to make admissions to his crime without immunity was improper. Tate, 47, was …
Review Board Required for Minnesota Sex Offender Treatment Facilities by The Supreme Court of Minnesota held that the Commissioner of the Department of Human Services was required to establish review boards for the state's Sex Offender Program (SOP) treatment facilities. Appellants, sex offenders civilly committed to SOP facilities as sexually …
South Carolina: Liberty Interest Not Implicated by Denial of Rehabilitation by The Supreme Court of South Carolina held that the denial of a prisoner's grievance requesting immediate enrollment in the second phase of a sex offender treatment program (SOTP) did not create a liberty interest entitling him to have the …
Reduced Likelihood of Parole Does Not constitute a Penalty by The First Circuit Court of Appeals determined that refusal to participate in sex treatment program merits reduced likelihood of parole and did not constitute as a penalty. Wayne Ainsworth a convicted New Hampshire prisoner, sex offender who had been admitted …
Parolee Sex Offender Classification Without Conviction Requires Heightened Procedural Safeguards by by Bob Williams The United States Court of Appeals for the Tenth Circuit has held that sex offender classification requires more due process for parolees than for incarcerated prisoners, but failed to delineate what process is due. In 1987, …
Confessions Made in Therapy Protected Under 5th Amendment by The court of appeals for the Ninth circuit held that statement made by a prisoner in court ordered therapy are protected by the Fifth amendment's right Against self incrimination. Washington state prisoner Dan Pens was committed to a sexual psychopath program …
Florida Sex Offenders Must Pay for Court Order Treatment by Florida Second District Court of Appeals has held that a trial court's order that requires the Florida Department of Corrections (FDOC) to pay the cost of a probationers sex offender treatment violates the doctrine of separation of powers. The trial …
Article • May 15, 2007
Sex Offender Can Be Compelled to Admit Crimes for Entry to Prison Program by The Second Circuit Court of Appeals has held that a prison program for sex offenders, which requires the prisoner to admit guilt to crimes convicted upon, does not violate the prisoner's rights to equal protection and …
Oregon Prisoners Confined For Mental Illness Causing Sexual Deviancy Entitled to Adequate Treatment by Oregon Prisoners Confined For Mental Illness Causing Sexual Deviancy Entitled to Adequate Treatment In 1978, Merlin Ohlinger and another man identified only as Haddon (plaintiffs) were Oregon state prisoners. Both had indeterminate life sentences under OKS …
Sex Offender Treatment for Release Claim Rejected by The plaintiff complained that denial of parole because of his refusal to participate in a sex offender program violated the Ex Post Facto Clause. His claim is rejected. His term of incarceration has not yet expired, so he is not being subjected …
Challenges to Illinois Civil Commitment Treatment Dismissed by The plaintiffs, civilly committed under the state Sexually Dangerous Persons Act before trial, complained that they were held in a wing of a state prison, that their treatment includes self-accusatory features, and that it is conducted on a group rather than an …
Article • May 15, 2007
Texas Prisoner Denied Habeas Corpus Relief on Probation Violation by The U.S. Fifth Circuit Court of Appeals denied habeas corpus relief, 28 U.S.C. §2254, to a Texas prisoner who claimed that his plea was not knowingly, intelligently and voluntarily made, because he was not told that to successfully complete probation …
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