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Eighth Circuit Reverses Finding of Due Process Violations in Minnesota Civil Commitment Program by Matthew Clarke by Matt Clarke On January 3, 2017, the Eighth Circuit Court of Appeals handed down an opinion that reversed a district court’s finding of substantive due process violations in a civil rights complaint brought ...
Article • October 9, 2017 • from PLN October, 2017
Kansas Supreme Court: Four Years of Pretrial Detention too Long by In December 2016, the Kansas Supreme Court ordered the release of a man who had been held in jail more than four years awaiting trial under the Kansas Sexually Violent Predator Act (KSVPA). The state’s high court held that ...
Article • September 12, 2017
$1.3 Million+ Award of Attorney's Fees and Costs Approved in New York Unlawful Confinement Case that Netted Only $1 in Damages by Lonnie Burton by Lonnie Burton On June 17, 2016, Judge Jed A. Raskoff, sitting in the U.S. District Court for the Southern District of New York, issued an ...
First Circuit Orders Clarification of Conditions of Release for Sex Offender by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the First Circuit has ordered a lower court to clarify several conditions imposed upon a sex offender as part of his supervised release following a term ...
Article • August 24, 2017
Notice of Sex Offense Admission Requirement Not Required to Find Florida Probationer Violated Treatment by David Reutter by David Reutter The Florida Supreme Court held a defendant may be found guilty of violating probation for failing to admit to engaging in sexually deviant behavior during a sex offender program. Warren ...
Article • August 23, 2017
Vermont Prisoner’s Ex Post Facto Challenge to Program Change Fails by David Reutter by David Reutter The Vermont Supreme Court held that statutes and policies that do not retroactively after or limit the Vermont Department of Corrections (VDOC) discretion over a prisoner’s treatment programming and early release, their application did ...
Article • August 22, 2017
Filed under: Sex Offender Treatment
North Dakota Sex Offender Commitment Reversed Due to Insufficient Trial Court Findings by Lonnie Burton by Lonnie Burton On February 18, 2016, the North Dakota Supreme Court vacated the ruling of Ward County District Judge Gary H. Lee denying a petition for discharge from civil commitment as a sexually violent ...
Article • August 22, 2017
Filed under: Sex Offender Treatment
New York Appellate Court Orders Sex Offender Released from Civil Confinement, Holds Man was Unlawfully Committed by Lonnie Burton by Lonnie Burton On December 17, 2014, the New York Court of Appeals reversed a Supreme Court order which revoked the out-patient treatment of a sex offender and directed that he ...
Article • June 30, 2017 • from PLN July, 2017
California: Sex Offender’s Civil Commitment Overturned for Lack of Evidence by On October 24, 2016, a division of the California Court of Appeal reversed a ruling by a Los Angeles County judge that found a thrice-convicted sex offender was a “Sexually Violent Predator” who should be indefinitely committed to a ...
Article • June 30, 2017 • from PLN July, 2017
Illinois Supreme Court: No Appointed State Expert in SDPA Recovery Proceeding by On May 19, 2016, the Supreme Court of Illinois held the state could not use a handpicked expert witness to give testimony in a recovery proceeding under the Sexually Dangerous Persons Act (SDPA). James E. Grant was convicted ...
Annual Report on Mental Health Care, Illinois Dep't. Of Corrections IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS PEORIA DIVISION ASHOOR RASHO et al., Plaintiffs, vs. DIRECTOR JOHN R. BALDWIN, et al., Defendants ) ) ) ) ) ) ) ) ) ) ) No. 1:07-CV-1298-MMM-JEH ...
Article • April 3, 2017 • from PLN April, 2017
Denial of Sex Offender Treatment Nets Disabled Utah Prisoner $60,000 by The Utah Department of Corrections (DOC) agreed to pay a former prisoner $60,000 for effectively adding 13 years to his sentence by denying him sex offender treatment due to his disabilities. In 1996, Richard Ramirez was convicted of sexually ...
Langford v. Bullock, MT, Fifth Amended Complaint, ADA Compliance, 1993 t Langford v. Racicot PC-MT-001-001 1 2 3 4 5 6 7 8 "lark J. Lopez idward I. Koren National Prison Project the American Civil Liberties Jnion Foundation L875 Connecticut Ave., NW Washington, DC 20009 Telephone: 202/234-4830 Edmund F. Sheehy, ...
Article • March 14, 2017
Early Dismissal of Probationer's Lawsuit on Qualified Immunity Grounds Reversed By Ninth Circuit by On March 29, 2016, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit reversed an Oregon federal district court ruling which dismissed a lawsuit filed by a man whose probation was revoked ...
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 ...
Brazilian Prisoners Receive Mind-altering Drugs to Modify their Behavior by Derek Gilna In a controversial move, Brazilian prisoners convicted of murder and rape have been allowed to take a drug called dimethyltryptamine (DMT), in a drink known as Ayahuasca, as part of a spiritual rehabilitation program. Generally ingested in a ...
Article • November 15, 2016
Utah's Sex Offender Population Filling Up Prisons by Christopher Zoukis The State of Utah is starting to feel the strain from harsh sentencing laws targeting sex offenders that it passed in recent years. While most states are enjoying a decline in prison populations in the last decade, Utah's counts are ...
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 ...
Indiana Federal Court Certifies Habeas Corpus Class of Prisoners Disciplined for Refusing to Admit Guilt in Sex Offender Program by Matthew Clarke On September 30, 2015, a U.S. district court certified a class of Indiana state prisoners who refused to admit their guilt as part of the Indiana Sex Offender ...
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