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ACSOL’s Online EPIC Conference: Empowered People Inspiring Change Sept 17-18, 2021

National

FL: Court Rules Public Has Access to Sex Offender Hearings

An appeals court has ruled the public cannot be excluded from a courtroom when a judge is considering whether a sex offender should be committed indefinitely after his prison sentence has expired. Judge Jack Tuter gave NBC 6 permission to bring a camera into the courtroom.

But the attorney for Corey Lake, a sexually violent sexual predator whose 13-year prison sentence expired in 2012, objected. Assistant public defender Rob Jakovich argued details of confidential treatment records would be exposed in open court, unless the public was barred. …

Because ___ was seeking to prove he deserves to be released from the civil commitment center for sexually violent predators, he “does not have the same expectation of privacy of an ordinary citizen in his medical records,” the court found, adding “___ ‘s limited privacy interest in the treatment record is dwarfed by the strong presumption of openness in court proceedings.” Full Article

 

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But doesn’t this directly violate Federal HIPPA laws? You can’t go onto break another law in the process of saying it’s okay to release medical records by way of court hearings.

Doesn’t listing scars on the Megan’s Law web site directly violate Federal HIPAA laws? I have seen a listing that says: Chest / Open Heart Surgery.

Yikes. In some county jails in California, they strip you nearly naked and take photos of any scars and birthmarks and place them into a database. You cannot opt out. This is done at processing and even if you are found not guilty of a crime, your DNA, photos and other information collected is made avaialble for law enforcement and now in turn, some of that information is shared with the public. In Fresno County, they have a system called ShareNET. I don’t doubt for a second that system is duplicated across many agencies and counties, even in other states.… Read more »

Some day this ruling will come back to bite them on the ass. Makes me also think these Judges are Elected.

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