At a court hearing today on the ACLU’s request for a preliminary injunction, the state and the Providence Police Department have agreed not to arrest and/or prosecute the plaintiffs in an ACLU lawsuit challenging the constitutionality of a state law that makes it a felony for any person required to register as a sex offender to reside within 300 feet of any school. Across the country, experts involved in the treatment of sex offenders, as well as victims’ rights groups, have opposed sex offender residency laws as being ineffective, counter-productive,…
Read MoreDay: July 25, 2012
MN: Judge certifies sex offender suit as class action
ST. PAUL, Minn. — A federal judge has certified a lawsuit challenging the constitutionality of the Minnesota Sex Offender Program as a class action on behalf of everyone committed to the program. U.S. District Judge Donovan Frank ruled Tuesday that the lawsuit meets the legal requirements to be certified as a class action. He pointed out that the proposed class includes about 600 people who’ve been indefinitely committed to the program, and he concluded that addressing each case individually would be an enormous drain on legal resources. Frank writes that…
Read MoreNo Need for Civil Commitment Warning in Plea Bargain
The Second Circuit Court of Appeals held this week that a judge is not required to inform a child pornography defendant that his plea bargain could lead to civil commitment as a sexually dangerous person at the end of his prison term. According to the appellate court, due process and Rule 11 of the Federal Rules of Criminal Procedure do not require the district court to advise a defendant of the possibility. Full Article
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