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Article • March 14, 2017
Connecticut Supreme Court: Insanity Acquittee May Be Held in Prison on Bond by On November 3, 2015, the Supreme Court of Connecticut held that an insanity acquittee who was being held in a maximum-security psychiatric hospital could be held in prison if unable to pay the $100,000 bond set for ...
Florida’s Civil Commitment Center a “Living Death Sentence” by David Reutter According to state officials, the Florida Civil Commitment Center (FCCC), which holds up to 720 residents billed as the worst sexual predators in the state, is necessary to ensure public safety. For Correct Care Recovery Solutions, a spin-off company ...
Model Mental Health Care Diversion System Started by Miami Judge by David Reutter Thanks to the efforts of Florida Eleventh Circuit Court Judge Steve Leifman, Miami-Dade County is leading the way in how police and the courts deal with the mentally ill. As PLN has reported over the years, jails ...
Building Bridges - An Act to Reduce Recidivism by Improving Access to Benefits for Individuals with Psychiatric Disabilities upon Release from Incarceration, Bazelon Center, 2002 Building Bridges An Act to Reduce Recidivism by Improving Access to Benefits for Individuals with Psychiatric Disabilities upon Release from Incarceration MODEL LAW AND COMMENTARY ...
A Way Forward - Diverting People with Mental Illness from Inhumane and Expensive Jails into Community-Based Treatment that Works, ACLU & Bazelon, 2014 A WAY FORWARD: Diverting People with Mental Illness from Inhumane and Expensive Jails into Community-Based Treatment that Works TABLE OF CONTENTS I. EXECUTIVE SUMMARY.......................................................................................................... 1 A. FINDINGS............................................................................................................................ ...
Tennessee District Attorney Ends Sterilization in Plea Bargains; Prosecutor Fired by David Reutter The District Attorney for Davidson County, Tennessee has banned the practice of seeking sterilization as part of plea bargains in criminal cases. The policy was implemented after an assistant prosecutor refused to discuss a plea unless a ...
Oregon “Incorrigible Masturbator’s” Life Sentence Unconstitutionally Disproportionate by Mark Wilson The Oregon Court of Appeals held on June 17, 2015 that a true life sentence for “an incorrigible masturbator” was an unconstitutionally disproportionate punishment – a decision subsequently upheld by the state Supreme Court. Under ORS 137.719(1), certain recidivist sex ...
Inquisitorial Telephonic Hearing to Screen Civil Rights Case Deemed Unlawful by In reversing an Illinois federal district court’s dismissal of a civilly committed sex offender’s civil rights action, the Seventh Circuit Court of Appeals did not mince words when condemning the lower court’s use of a merit review proceeding as ...
Article • October 24, 2016
Banished Texas Civilly Committed Sex Offenders Commit Crimes in Other States by Matthew Clarke The Texas Office of Violent Sex Offender Management (OVSOM), which supervises civilly committed Texas sex offenders, has been the subject of multiple controversies in recent months. These included secretly housing civilly committed sex offenders (CCSOs) in ...
First Unconditional Release from Minnesota’s Sex Offender Program by U.S. District Court Judge Donovan Frank ruled in June 2015 that the Minnesota Sex Offender Program (MSOP) was unconstitutional for indefinitely confining offenders who had completed their prison terms. In August 2016, a state Supreme Court panel ordered sex offender Eric ...
Article • September 9, 2016
4th Circuit Overturns Dismissal of Adam Walsh Civil Commitment Case by Derek Gilna The 4th Circuit Court of Appeals has reversed the dismissal of the Adam Walsh case against Walter Wooden, finding that the application of that Act to the defendant did not violate the Due Process and Equal Protection ...
9th Circuit: "Adam Walsh" Detention Doesn't toll Supervised Release Term by Derek Gilna The 9th Circuit has ruled that the period of time spent in civil confinement under the Adam Walsh Act did not constitute "imprisonment" and that a defendant's period of supervised release continues to run during that time. ...
Article • September 8, 2016
Court Upholds Guilty Plea Although Defendant Wasn't Advised of "Adam-Walsh" Impact by Derek Gilna Mark Allen Youngs pleaded guilty to child pornography offenses, and as part of the sentencing process was advised by the district court his various rights under Rule 11, but did not advise him of possible ramifications ...
Article • September 8, 2016
4th Circuit Affirms Dismissal of "Adam-Walsh" Prosecution of Sean Robert Francis by Sean Robert Francis, whose "Adam-Walsh" civil commitment proceedings were the subject of a recent Prison Legal News cover story, has won yet another legal victory. Francis had previously prevailed in a district court action wherein the judge ruled ...
Article • August 25, 2016
Oregon Prosecutor & Defense Attorney Face Discipline for Illegal Confinement of Mentally Ill Defendant by The Oregon State Bar has voted to pursue disciplinary action against the Washington County District Attorney and a mentally ill criminal defendant's attorney for causing the man's illegal confinement. Donn Thomas Spinosa stabbed his wife ...
Article • August 25, 2016
Wisconsin Civil Commitments a Major Expense by Matthew Clarke When the Wisconsin Legislature first passed the Sexually Violent Persons Law allowing for civil commitment of certain sex offenders who had served all of their prison sentences, the additional expense was expected to be minimal. Today's reality proves that such a ...
Article • August 23, 2016
Filed under: Civil Commitment
New York Governor Pataki Institutes Lawless Civil Commitment by Matthew T. Clarke On September 12, 2005, New York Governor George Pataki issued an executive order instructing state officials to confine sex offenders after their sentences were over. Pataki has introduced civil commitment laws in the state legislature since 1998. Typically, ...
Article • August 23, 2016
Washington State Keeps Sex Offenders in Prison, Bypasses Civil Commitment by A recent bureaucratic report says that a 2001 Washington State law intended to keep sex offenders in prison indefinitely has succeeded, in spite of research showing that—like other violent offenders—the likelihood of committing similar crimes significantly decreases with age. ...
Civil Commitment of Sex Offenders, MN Office of the Legislative Auditor, 2011 OLA OFFICE OF THE LEGISLATIVE AUDITOR STATE OF MINNESOTA EVALUATION REPORT Civil Commitment of Sex Offenders MARCH 2011 PROGRAM EVALUATION DIVISION Centennial Building – Suite 140 658 Cedar Street – St. Paul, MN 55155 Telephone: 651-296-4708 ● Fax: ...
Processing and Treatment of Mentally Ill, Urban Institute, 2015 CRIME AND JUSTICE RESEARCH REPORT The Processing and Treatment of Mentally Ill Persons in the Criminal Justice System A Scan of Practice and Background Analysis KiDeuk Kim March 2015 Miriam Becker-Cohen Maria Serakos ABOUT THE URBAN INSTITUTE The nonprofit Urban Institute ...
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