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Texas Sex Offender Counseling Provision Not Ex Post Facto by The Fifth Circuit Court of Appeals held that a statute enacted after a prisoner was convicted and sentenced is not ex post facto if it is not punitive. Texas prisoner George W. Rieck, Jr., filed a habeas corpus petition challenging …
Washington Supreme Court Holds Sex Offender Treatment Files Confidential by The Washington State Supreme Court held confidentiality agreements that are signed must be supported by mutually agreed upon conditions to be enforced as a contract. An agreement can not be presented as a "Take it or leave it" proposition. The …
Civilly Committed Sexually Violent Predator Not Entitled to Anders Appellate Counsel Rights by Civilly Committed Sexually Violent Predator Not Entitled to Anders Appellate Counsel Rights The California Court of Appeal held that a sexually violent predator (SVP) who appealed his biennial civil recommitment to Atascadero State Hospital (ASH) was not …
Parole Board Can Consider Dismissed Sex Offenders by The plaintiff's sex offense charge had been dismissed as part of a plea bargain, with the parole board forbidden to consider it. Seventeen years later, prison staff classified him as in need of sex offender treatment. He was paroled and then his …
Visiting Denial to Colorado Sex Offender Who Refuses Treatment Upheld by The plaintiff, a convicted sex offender, challenged various measures taken against him for refusing to participate in a treatment program. The plaintiff's declaratory and injunctive claims were mooted by his release from prison. His damage claims were not moot, …
Pennsylvania Sex Offender Parole Denial Suit States Some Claims by The plaintiff, seeking to represent a class, complained that denying her parole and imposing other adverse consequences in prison because of her refusal to disclose her sexual history, possibly including uncharged criminal activity, in a sex offender program violated her …
Montana Supreme Court Reverses Dismissal of Injunctive Action by The Montana Supreme Court reversed a lower court's dismissal of a prisoner's action, finding that his claims were not barred by res judicata. Anthel Brown was sentenced to the Montana State Prison (MSP) on November 8, 1976. He was confined to …
Article • May 15, 2007
Sex Offenders Have No Right to Treatment by The court of appeals for the Tenth circuit held that New Mexico sex offenders were not entitled to treatment for sexual disorders under the Eighth amendment. With the proliferation of civil commitment laws that purport to imprison sex offenders after completion of …
Eighth Circuit Reverses Dismissal for Consideration Under McKune v. Lile by The U.S. Eighth Circuit Court of Appeals reversed the dismissal of a Missouri prisoner's suit, holding that qualified immunity does not shield officials from equitable relief and that the prisoner's suit raised issues that must be considered in light …
Expulsion from Sex Offender Treatment Program Implicates Liberty Interest by Bob Williams By Bob Williams Finding confinement and treatment inextricably linked, the United States District Court for the District of Colorado has ruled that a Colorado prisoner may have a liberty interest in participating in a Sex Offender Treatment Program …
Suit Challenging WI Civil Commitment Conditions Dismissed by The plaintiff, committed involuntarily as a sexually violent person, challenged various institutional practices. The plaintiff's complaint that he was required to disclose his history of sexual assaults, charged and uncharged, before he could be eligible for the main treatment program and be …
California Sexual Predators’ Suit Alleging Unconstitutional Civil Confinement Conditions Survives Dismissal by John Dannenberg California Sexual Predators' Suit Alleging Unconstitutional Civil Confinement Conditions Survives Dismissal by John E. Dannenberg A class of 600 civilly committed sexually violent predators (SVP) sued the California Department of Mental Health (DMH) under 42 U.S.C. …
Bureau of Prisons Begins Certifying Sexually Dangerous Persons by David Beneman BOP has a new tool authorized this summer as part of the Adam Walsh Act. BOP may now ?certify? prisoners as ?sexually dangerous persons? (SDP). Certification can occur prior to sentencing, or at any time after the commencement of …
How to Exit Californias Sexual Predator Prison: Refuse Treatment by John Dannenberg How to Exit California's Sexual Predator Prison: Refuse Treatment by John E. Dannenberg California, with 538 sexually violent predators (SVP) civilly committed at its Department of Mental Healths Atascadero State Hospital (ASH), has an efficacious five-step psychological treatment …
Article • December 15, 2006 • from PLN December, 2006
New California SVP Facility Struggles to Attract Staff by The new $338 million Coalinga State Hospital (CSH), which opened in October 2005, houses only the best-behaved 170 Of Atascadero State Hospitals (ASH) 550 sexually violent predators (SVP), as of March 2006. Although the physical plant is in place, the staff …
Floridas Civil Commitment Center Under Funded and Out-of-Control by David Reutter Floridas Civil Commitment Center Under Funded and Out-of-Control by David M. Reutter When first created in 1999, Florida's Civil Commitment Center (FCCC) was hyped as a place to house sexually violent predators for protection of the public while providing …
Exhaustion Not Required in Pennsylvania Parole Denial Challenges by The Third Circuit Court Of Appeals held that a Pennsylvania state prisoner challenging the denial of parole need not file a petition for a writ of mandamus in order to satisfy the dictates of exhaustion before seeking federal habeas review. Pennsylvania …
Bailey v. MN DOC, MN, Order, ASL interpreter sex offender treatment disabled prisoner, 2005
New York's Sex Offender Treatment Program Enjoined; Stay Issued Pending Appeal by by Bob Williams The United States District Court for the Northern District of New York ruled that New York's program for treating convicted state sex offenders violates the Fifth Amendment's guarantee against compulsory self-incrimination and issued a preliminary …
Article • November 15, 2005 • from PLN November, 2005
SABER's Sexual History Disclosure Requirement Violates Fifth Amendment by The Ninth Circuit Court of Appeals held that the compelled sexual history disclosure required by the Sexual Abuse Behavior Evaluation and Recovery Program (SABER) violates the Fifth Amendment's guarantee against self incrimination. The court also held that a supervised release condition …
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