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Article • May 15, 2009 • from PLN May, 2009
Second Prisoner Unconditionally Released from Washington State Civil Commitment Center by Washington State, for only the second time ever, has unconditionally released a prisoner from the Special Commitment Center (SCC), a facility for civilly-committed sex offenders located on McNeil Island near Tacoma. John Henry Mathers, 56, was civilly-committed in July …
Article • April 15, 2009
California Sexual Predators Have Right to Testify at Civil Commitment Hearings by The Supreme Court of California has held that a defendant in a sexually violent predator proceeding does have California and federal constitutional rights to testify over counsel’s objection, but that refusing to allow the testimony is a harmless …
Article • April 15, 2009
Time Spent in Civil Commitment Detention Credited Toward Criminal Sentence by Florida’s Fourth District Court of Appeal has held that there is no meaningful distinction between incarceration in prison or jail and confinement in a sex offender civil commitment facility, for the purposes of sentence calculation. The Court’s ruling came …
Article • April 15, 2009
Proof of “Overt Act” not Required in Washington to Civilly Commit Incarcerated Sexually Violent Predator by David James Lewis challenged a Washington Court of Appeals decision that held the state was not required to prove a recent overt act during civil commitment proceedings. Lewis was convicted in 1992 of two …
“Cumulative Failure” Lets Mentally Ill Teen Leap to Death by A “cumulative failure” contributed to the death of an Oregon teenage mental patient, state investigators determined. Eighteen-year-old Heather Williams was a patient at the Blue Mountain Recovery Center, a state-run psychiatric hospital in Pendleton, Oregon. While being transported on December …
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 …
Civil Commitment Provisions of Adam Walsh Act Held Unconstitutional by Civil Commitment Provisions of Adam Walsh Act Held Unconstitutional Congress exceeded its authority under the Commerce Clause and Necessary and Proper Clause of the U.S. Constitution in enacting the civil commitment provisions of the Adam Walsh Act, a Minnesota U.S. …
Article • January 15, 2009
California Prisoner's Misdemeanor Battery Charge Statutorily Enhanced To Felony by The California Supreme Court determined whether a state hospital prisoner was subject to felony charges under § 2684 for attacking a non confined person. Joey Watson was found to be statutorily subject to felony charges. Watson was transferred to the …
Article • December 15, 2008
Dangers of a preventive detention law by David C Fathi By David C. Fathi | January 1, 2009 PRESIDENT-ELECT Barack Obama has said he'll close the US detention center at Guantanamo Bay. The question is how. If the government has evidence that Guantanamo detainees have committed crimes, it should put …
Romance with Jail Guard Lands Sex Offender Back in Prison by Gary Hunter Once described as the most-watched prisoner in Texas, Wesley Wayne Miller has managed to make the news again. Miller, 45, is the state’s first prisoner to be committed under the Sexually Violent Predator Program. He was convicted …
Article • September 15, 2008 • from PLN September, 2008
GEO Group Expands into Mental Health Facilities for Business Growth by David Reutter by David M. Reutter Since 1984, the GEO Group (formerly Wackenhut Corrections) has focused on operating private prisons as its business model. It is now finding a more lucrative niche in privatizing mental health facilities and civil …
Article • August 15, 2008
Washington Civil Commitment Injunction Reaffirmed; No Appellate Jurisdiction to Review Contempt Sanctions by The United States Court of Appeals for the Ninth Circuit reaffirmed their ruling upholding the so-called "Turay Injunction" but refused to hear an appeal of $10 million., in contempt sanctions against the defendants due to lack of …
Article • August 15, 2008
Texas Supreme Court Upholds Sex Offender Civil Commitment Statute by by Matthew T. Clarke On May 20, 2005, the Supreme Court of Texas held that the Texas Civil Commitment of Sexually Violent Predators Act (the Act), Chapter 841, Texas Health and Safety Code, is not punitive and therefore is constitutional. …
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 …
Wisconsin Pretrial Detainee's Free Speech Complaint Proceeds Over Denial of Books by Alfred Riley, a Wisconsin state detainee patient at the Sand Ridge Secure Treatment Center (SRSTC), a sex offender civil commitment facility, filed a lawsuit against the State, SRSTC and various other entities alleging federal and state law violations. …
Article • August 15, 2008
California Jury Instruction in Sexually Violent Predator Trial Affirmed by George Whaley, a California state prisoner, was civilly committed under the state Sexually Violent Predator Act (SVPA). At a trial to extend his commitment for two years, the jury was deadlocked. The judge suggested that they role play, with the …
$300,000 Settlement in Murder of College Student by Released Sexual Predator by The State of Minnesota has paid $300,000 to the family of a University of North Dakota student who was kidnapped, raped and killed by a recently-released sexual predator. The payment was offered as a pre-litigation settlement before a …
Article • August 15, 2008
Wisconsin Prison Publication Ban Policy Disregards First Amendment Right To Newspaper Access by Wisconsin State prisoner William West brought 42 U.S.C. $ 1983 action against the Wisconsin Secure Program Facility (WSPF) and various guards after they refused him access to prepaid newspapers and discarded some issues in the trash. The …
Article • August 15, 2008
Washington State's Duty to Defend Officials Depends on Their Conduct by Washington state Supreme Court Justice Richard Sanders appealed the denial of attorney’s fees in a complaint filed against him by the Commission on Judicial Conduct (Commission) for misconduct in 2003. The appellate court held that no state duty existed …
Article • August 15, 2008
Washington SVP Statutory Amendments re Re-Commitment Hearings Not Retroactive by Washington state civilly committed sexually violent predators (SVPs) Harry Fox, Robert Jones and Anthony Jacka appealed the dismissal of their previously-ordered re-commitment hearings. The appellate court found that SVP statutory amendments operated to deny Fox and Jones hearings, but Jacka's …
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