Source: coloradopolitics.com 5/25/23
Incarceration without access to treatment ‘alters the conditions of an inmate’s confinement in a way that can only set back his rehabilitation,’ wrote Judge Nina Wang
Two men incarcerated for sex offenses, who have been moved around to various facilities where they were unable to participate in legally required treatment, may sue Colorado corrections officials for violating their constitutional rights, a federal judge ruled this week.
Gino ___ and Brian ___ filed suit last year, alleging the only thing preventing them from being paroled is their failure to complete sex offender treatment. However, according to ___ , the Colorado Department of Corrections is not abiding by its own policy for prioritizing detainees for treatment and is instead considering “the convenience of CDOC staff” in its decisions.
U.S. District Court Judge Nina Y. Wang agreed the men had credibly alleged the state is violating their right to due process. Without questioning the legitimacy of Colorado’s entire scheme for punishing sex offenses — laid out in the Sex Offender Lifetime Supervision Act of 1998 — Wang believed one specific aspect is problematic: SOLSA requires treatment as part of sex offender sentencing, but the state is not providing it.
“Without treatment, the conditions of SOLSA confinement are fundamentally and irretrievably altered: the inmate loses a segment of the sentence, which the General Assembly deemed necessary and appropriate to punishment, rehabilitation, and reentry into society at large,” she wrote in a May 23 order.
Wang also took the unusual step of authorizing pro bono legal representation for ___ , who have litigated their case by themselves from prison. Judges can make such a decision when, among other things, there is merit to a self-represented party’s claims.
Yes. Sue Colorado. Sue them good. Sue them for millions. Make sure it hurts their pocketbook.
We may have to do MORE Lawsuits to accomplish anything more besides Legislative due to scarred politicians NOT wanting to take on new bills no matter SB or AB for lowering Tiers not adding more.
And…glad this RC’s have the opportunity there in CO. to do just that to wake up for non req Therapy.
Maybe NARSOL will step in ? Good Luck Colorado Registered Citizens to get better assistance to remove off the CO., Registery.
KUDOS to Fed Judge Nina Wang
for being fair due to the C Facilities NOT being fair nor follow their own requirements, when incarcerated in CA they do NOT, repeat N O T allow RC’s in State of CA Prison system to attend College, yet worse offenders are allowed and they had (M & F Instructors) for College Courses had the RED Motorola radios that ALARM & TX when sideways or distress for their Safety in classroom. Also C/O’s are outside of the door.
DENIED any degree or CE for RC’s in CA I should sue CDC-R for NOT allowing being not fair for RC’s to attend Comm. College while incarcerated PERIOD, nor Fire Crews even though FF I/II ?& III and EMT-1A. D E N I E D working for CDF prior. Not very resourceful for The State.
Same thing happened to me in PA.
I was denied parole first time around because they could not get me in a program soon enough. Not enough space in the treatment program.
Once I got in the program which was supposed to be for 18 months (high intensity-6 months treatment followed by 1 year aftercare).
Treatment met once a week. Aftercare met once a month.
When I transitioned into aftercare after 3 months the crammed the last 9 months into 2 months to get inmates thru the program and qualifying for parole to reduce the population. I passed treatment with flying colors according to the head shrink and he said I would not require treatment once released on parole. Made parole soon after completing the aftercare (rush thru).
Got out and back into society. Accessed by shrink and told I must take treatment. This shrink worked for the treatment provider I would be going to. First time in group I was told I would be in group until the day I maxed out my parole – no chance to graduate. Nice way to guarantee them $40 a week plus $275 for polys. What a waste of money and my time. All they did was badger us every minute of every session. If you did not agree with them on every single topic they would alert your parole officer.