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Life On the List by A single mistake when he was 12 landed Josh Gravens on Texas’ sex offender list. He’s been paying for it ever since. by Emily DePrang Published on Thursday, May 31, 2012, at 2:52 CST When Josh Gravens was 12 years old, he made a terrible …
South Carolina Sex Offender’s Lifetime Satellite Monitoring Held Unconstitutional by The South Caroline Supreme Court held on May 9, 2012 that court-ordered lifetime satellite monitoring violated a sex offender’s due process rights. Jennifer Rayanne Dykes, 26, was convicted of a sex offense for having an eight-month relationship with a 14-year-old …
9th Circuit: Class-action by Civilly Committed Sexually Violent Predators May Proceed on Claims for Declaratory and Injunctive Relief by Following remand from the U.S. Supreme Court, the Ninth Circuit reversed in part its previous published ruling, Hydrick v. Hunter, 500 F.3d 978 (9th Cir. 2007) [PLN, April 2007, p.34], which …
Louisiana Sex Offender Internet Restrictions Unconstitutional by In a February 16, 2012 opinion, a Louisiana federal court held that restrictions placed on sex offenders’ Internet access were unconstitutional. John and James Doe are pseudonyms for two Louisiana registered sex offenders who filed a federal civil rights action, pursuant to 42 …
Virginia Considers Privatizing State’s Civil Commitment Center by Joe Watson A November 2011 standoff between police and two sex offenders threatening suicide at the Virginia Center for Behavioral Rehabilitation (VCBR), the state’s civil commitment facility near Richmond, raised concerns about the safety and treatment of residents held at the center. …
Texas Federal Court Issues Preliminary Injunction Prohibiting Sex Offender Parole Conditions; Case Settles for $52,000 by Matthew Clarke by Matt Clarke On October 7, 2011, a U.S. District Court issued a preliminary injunction prohibiting the Texas Board of Pardons and Paroles (Board) from enforcing onerous sex offender conditions that had …
Iowa Reconsidering Costs, Benefits of Sex Offender Supervision Law by Joe Watson Over the past decade more than 20 states have created “special sentences” that require community supervision for sex offenders after their release, even if they expire their prison terms. But Iowa is currently reevaluating whether the millions in …
New Hampshire Court Invalidates City’s Sex Offender Residency Ordinance by A New Hampshire Superior Court has invalidated a local ordinance that prohibits sex offenders from living within 2,500 feet of a school, day care center, playground, athletic field, public beach or ski area, finding that it violated the Equal Protection …
Iowa SOTP Requirement Does Not Violate Fifth Amendment by The Iowa Supreme Court has held that prison officials do not violate the Fifth Amendment by depriving convicted sex offenders of earned-time sentence reductions when they refuse to participate in a sex offender treatment program (SOTP) that requires them to admit …
Hundreds Removed from Georgia’s Sex Offender Registry by A May 2010 revision to Georgia’s sex offender law, one of the toughest in the nation, has resulted in more than 440 people being removed from the state’s sex offender registry as of October 2011. Georgia has 20,676 registered sex offenders. The …
Federal Sex Offender Civil Commitment Process Under Fire by Derek Gilna Among other provisions, the Adam Walsh Child Protection and Safety Act of 2006 allows the federal government to indefinitely detain “sexually dangerous” offenders through a civil commitment process, which requires mandatory court hearings after such offenders have been certified …
Article • August 15, 2012 • from PLN August, 2012
New York Court of Appeals Holds Sex Offense Does Not Prove Parental Neglect by The New York Court of Appeals, the state’s highest court, has held that the fact that a defendant was convicted of a sex offense against a minor, was a level-three registered sex offender and had not …
Article • July 15, 2012
United States District Court in New York Sides with Prisoners in § 1983 Action against Former New York Governor George Pataki and Others by Derek Gilna United States District Court in New York Sides with Prisoners in § 1983 Action against Former New York Governor George Pataki and Others By …
Texas Parole Board Removes Onerous Sex Offender Conditions from 176 Parolees by In November 2011, the Texas Board of Pardons and Paroles removed the sex offender designations from 176 parolees who were subject to stringent parole restrictions known as Condition “X,” but had never been convicted of a sex offense. …
Michigan Sex Offender’s Suicide Results in Changes to Sex Offender Registry Law by Matthew Clarke by Matt Clarke When 17-year-old Justin Fawcett admitted to having consensual sex with a 14-year-old student at the same high school he attended in West Bloomfield, Michigan, he probably never thought that that youthful dalliance …
Article • June 15, 2012 • from PLN June, 2012
Tenth Circuit Voids Albuquerque’s Attempt to Ban Sex Offenders from Libraries by Derek Gilna In a case of first impression, on January 20, 2012 the Tenth Circuit Court of Appeals affirmed a district court’s judgment invalidating an ordinance of the City of Albuquerque, New Mexico that prohibited registered sex offenders …
Report Deconstructs Urban Legend of 100,000 Missing Sex Offenders by David Reutter by David M. Reutter “Like dormitory gossip or the childhood game Whisper-Down-the-Lane,” the assertion that “over 100,000 sex offenders [are] ‘missing’ from registries across the country has galvanized the urban legend that over years of telling, took on …
Civil Commitment Must be Challenged through Commitment Proceedings Instead of Habeas Corpus by Brandon Sample A federal prisoner challenging his or her civil commitment detention under the Adam Walsh Act (Act) as a “sexually dangerous person” may not resort to habeas corpus for such challenges, the U.S. Court of Appeals …
Tennessee Discontinues Polygraph Tests as Sex Offender Supervision Tool by Legal concerns have led the Tennessee Board of Probation and Parole (BOPP) to order probation officers to discontinue the use of polygraphs, better known as lie detector tests, in their supervision of sex offenders. Polygraphs are to be used for …
Former Puerto Rican Prisoner Wins Release but Loses § 1983 Action by Derek Gilna Former Puerto Rican Prisoner Wins Release but Loses § 1983 Action By Derek Gilna Angel Luis Feliciano-Hernandez, sentenced by a Puerto Rican court in 1981 to a "term of perpetual imprisonment for treatment" for a "record …
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