[http://brandsauthority.com – 10/7/19] Premier Mark McGowan says WA laws are as tough as they can be in dealing with dangerous sex offenders following the release of a notorious paedophile.________, a repeat sex offender, walked free on Monday after convincing a judge he was no longer a threat to children.His release is subject to a record 61 conditions – including that he undergo chemical castration. The Premier said that as a parent he was unhappy whenever a sex offender was released from jail but said people could not be kept in…
Read MoreTag: Civil Commitment
VA: Our Man in Arlington
A culture-clash of a trial will resume in late September in Arlington Circuit Court. The scantly reported-on civil procedure involves the disturbing topic of predatory sexual behavior and the Virginia laws intended to protect potential victims. The trial, preliminaries for which I attended Aug. 26, involves an Arlington family eager to spring a son from an open-ended incarceration they feel the state is pursuing to make a statement against a gay man. Full Article
Read More3 ways to help sex offenders safely reintegrate back into the community
[phys.org – 9/3/19] Few categories of offender invoke as strong a response as sex offenders. There is a public desire to “do something” about sex offenders, which is taken seriously by politicians of all persuasions. One way governments have responded is by increasing the length of time sex offenders spend behind bars. For example, most Australian states and territories now allow for “dangerous sex offenders”—such as Edward Latimer, who committed numerous offenses against adult victims—to be kept in custody after their sentences have ended. But it’s not feasible to keep…
Read MoreCA: Appeals court grants new trial to sexually violent predator because of prosecutorial misconduct
A convicted violent sexual predator will get a new chance for controlled release from a state hospital because of prosecutorial misconduct, a state appellate court ruled this week. Full Article Decision
Read MoreFL: A look inside Florida Civil Commitment Center life: Pesci v. Budz
[law.justia.com – 8/21/19] James Pesci is a detainee at the Florida Civil Commitment Center (FCCC), a for-profit facility that houses sex offenders involuntarily committed under Florida’s Involuntary Civil Commitment of Sexually Violent Predators Act. Pesci is not a prisoner; like the other roughly 600 residents of FCCC, he has already served out his prison sentence. Instead, he is involuntarily committed because the State has determined that he is a “sexually violent predator” likely to engage in future “acts of sexual violence if not confined in a secure facility for long-term…
Read MoreVA: In Arlington, a judge must decide if a nonviolent sex offender should stay incarcerated after serving his sentence
[washingtonpost.com – 8/23/19] Philip Fornaci is a civil rights lawyer based in Washington. Roger Lancaster is the author of “Sex Panic and the Punitive State.” On Monday, the Circuit Court in liberal Arlington County will be the scene of a heavy-handed morality play, with prosecutors seeking lifelong incarceration for a young gay man who has already paid an extraordinary price for youthful, nonviolent sexual indiscretions. Virginia, like 19 other states and the federal government, has a Sexually Violent Predators Act (SVPA). Under these laws, people who have completed their criminal…
Read MoreHow the Use of Improper Statistics and Unverified Data Corrupts the Judicial Process in Sex Offender Cases
We begin this Article by sharing something about our past legal practice careers, as we believe that is so relevant to the topic that we focus on in this Article. When Michael L. Perlin was a rookie Public Defender in Trenton, New Jersey, in the early 1970s, he regularly visited the Menlo Park Diagnostic Center where some of his clients—those who had been found, in the phrase used then, to be “repetitive and compulsive” sex offenders—were housed. When Heather Ellis Cucolo was a rookie Public Defender in Newark, New Jersey,…
Read MoreModern-Day Gulags In the Golden State
Back in 1997, the Supreme Court ruled that the practice known as civil commitment was legal. This meant that 20 states—which had passed laws permitting the ongoing incarceration of sex offenders—could continue to keep the men confined even after they completed their prison terms. Full Article Related / from the same author Sex Crimes and Criminal Justice
Read MoreMA: State’s Highest Court Orders Release Of Sex Offender Held Since 1970s
Massachusetts’ highest court ruled Thursday that a 71-year-old convicted sex offender held for more than 40 years as a sexually dangerous person can be released, after two mental health professionals ruled that he was no longer a risk. The court essentially upheld an earlier decision from 2009 in ruling that ___ ___ can’t continue to be held at the Massachusetts Treatment Center. Full Article Related Calling for change before offender ____ is free Tough on sex offender legislation not refiled
Read MoreFormerly Incarcerated Sex Offenders Say Civil Commitment Programs Deny Proper Rehabilitation
Responding to several highly-publicized sex crimes and public fears, legislatures across the country have adopted statutes that allow the continued imprisonment of sex offenders after they have completed their sentences. Veteran investigative reporter Barbara Koeppel has spent the past 12 months reporting on this third rail of the criminal justice system. Full Article
Read MoreWA: On McNeil Island, the only residents are 214 dangerous sex offenders
Civil commitment centers, which exist in less than half of US states, are meant as a community safeguard, but they’re riddled with controversies. Full Article
Read MoreCA: Man Held 17 Years Without Trial Ordered Free by Appellate Court
Attributing a California man’s 17-year detention awaiting trial for commitment as a sexually violent predator to a “systematic breakdown in the public defender system,” a California appellate court ruled Wednesday the man be released from a state hospital without trial. Full Article Opinion Related The Endless Punishment of Civil Commitment Action Alert: CA Dept. of State Hospitals Schedules Hearing on Sept. 20
Read MoreThe Endless Punishment of Civil Commitment
Prosecutors can subject those convicted of sexual offenses—and sometimes, those with no conviction at all—to an indefinite period of civil punishment at the end of their criminal sentence. In January, Los Angeles County Superior Court Judge James Bianco ruled that after spending nearly two decades detained by the state of California without trial, ____ ____ was a free man. Unlike the 536,000 people held pretrial in the criminal justice system in America, ____ , 44, was not being held because he was accused of a crime. Instead, ____ was locked up for 17…
Read MoreIA: Civil Commitment of Sex Offenders Survives Court Challenge
A nearly six-year-old lawsuit challenging Iowa’s program for keeping sex offenders confined after they serve their prison terms has been dismissed by a federal judge in Sioux City. U.S. District Court Judge Mark Bennett ruled against patients in the Civil Commitment Unit for Sexual Offenders, or CCUSO, housed at the Mental Health Institute in Cherokee. Full Article
Read MoreMN: Protracted Sex Offender Program suit comes to end
A long-running class-action lawsuit over the constitutionally of Minnesota’s civil commitment program for sex offenders effectively ended Thursday when a federal judge dismissed the remaining claims but stood by his earlier statements that some revelations during the six-week trial shock his conscience. Full Article
Read MoreWA: Aging sex offenders on McNeil Island needed 557 medical trips last year
Serving the medical needs of an aging population civilly committed to the Special Commitment Center on McNeil Island means more doctor appointments and costs. The off-island trips for care, for a time, were starting to mean a decline in actual sex-offender treatment. Full Article
Read MoreIs a life sentence for child sexual abuse just?
Arguably Chicago’s most notorious figure in the national Roman Catholic priest sex abuse scandal was committed indefinitely Wednesday to a state facility for sex offenders. In refusing to release ____ ____ under strict monitoring, Cook County Judge Dennis Porter noted that the defrocked priest had never cooperated with treatment or even admitted to a problem. Full Opinion Piece
Read MoreMA: Changing sex offender law needs to be evidence-based
Massachusetts is hardly soft on sex offenders, being one of only 20 states and the District of Columbia that incarcerate people convicted of sex offenses after they’ve completed their criminal sentences based on what they might do in the future. This practice is so antithetical to our Constitution that sexually dangerous person laws require careful calibration. Full Article
Read More