Lawyers for sex offenders confined indefinitely to Minnesota’s secure treatment program have asked a judge to stay all further proceedings while they ask the U.S. Supreme Court to review an appeals court finding that the program is constitutional. Full Article
Read MoreTag: Civil Commitment
MN: Fate of MSOP Now Rests With the Supreme Court
In June, 2015, the US District Court for Minnesota determined that the 700+ clients at the Minnesota Sex Offender Program were being unconstitutionally confined. In January, 2017, the US Court of Appeals for the Eighth Circuit said they’re not. What explains the conflicting opinions? A three-judge Appeals Panel said District Court Judge Donovan Frank did not apply the proper standard: to be unconstitutional, civil rights violations for SVPs must “shock the conscience.” What’s wrong with the “shocks the conscience” standard? If, until the Supreme Court intervened in 2008, executing sex…
Read MoreJudge sides with Placer County, rejects placement of sex predator near Lincoln
SAN JOSE – A Santa Clara Superior Court judge on Tuesday rejected the state’s plan to locate a sexually violent predator near Lincoln after Placer County officials and residents argued the placement would pose a danger to children in the area. Full Article
Read MoreMN: Sex offenders renew legal challenge to confinement
MINNEAPOLIS — Lawyers for over 700 people committed indefinitely to the Minnesota Sex Offender Program are asking the full 8th U.S. Circuit Court of Appeals to reconsider a three-judge panel’s ruling that the program is constitutional. Full Article
Read MoreAccepting that others can change is often difficult
Many residents hearing about a sexually violent predator possibly being released from a state hospital to Lincoln want to prevent that move. Having a sex offender living nearby is scary. We want to keep family members safe and protect them from anyone who is dangerous. But how can parents do that if they’re living next to someone who committed horrendous crimes on innocent victims, oftentimes children who can’t defend themselves? Full Article Also see Criminal controversy
Read MoreWI: Appeals court upholds provisional release of sex offender
MINNEAPOLIS (AP) – The state Court of Appeals has upheld a judicial panel’s decision to provisionally release a man from the Minnesota Sex Offender Program. ____ ____, formally known as ____ ____, pleaded guilty in 1976 to kidnapping and raping a woman in Ramsey County. He was civilly committed and asked for a provisional discharge from the sex offender program in 2013. It was granted, but the state says the judicial appeal panel erred because it relied on a witness with inaccurate information. Full Article
Read MoreMN: Appeals Court – Sex Offender Program Constitutional
Minnesota’s program for keeping sex offenders confined after they complete their prison sentences is constitutional, a federal appeals court ruled Tuesday, reversing a lower-court judge who said it violates offenders’ rights because hardly anyone is ever released. Full Article Decision Related ‘A System That Is Clearly Broken’ The Latest: Official: Sex offender program needs more money
Read MoreIL: Class Action – Supervised release policies unjustly effectively keep sex offenders in prison ‘for life’
CHICAGO — A lawsuit has been filed accusing the state of Illinois of violating the rights of convicted sex offenders by maintaining policies that do not allow a number of them to be released from prison after they have served their sentences, effectively leaving them informally sentenced to life in prison. Full Article
Read MoreState owes counties millions in sex offender legal costs
California must reimburse its counties for the legal costs involved in determining whether sex offenders who have completed their prison terms should be sent to mental hospitals, a state appeals court ruled Wednesday. A lawyer for local governments said the statewide cost would be about $25 million a year for the reimbursements, which the state stopped paying in July 2013. Full Article
Read MoreAUS: Dangerous offender laws the antithesis of free and democratic society
DETAINING people after they have served the sentence imposed on them by a court is unconscionable. Yet this practice, which has its origins in Nazi Germany, has become common across Australia, and the Turnbull Government’s plan to keep people convicted of terrorism offences locked up potentially until they die is the latest incarnation of this trend. Full Article
Read MoreIA: Sex offenders sue over Iowa’s civil commitment program
Nine men who were convicted of sex crimes, served their prison sentences and are now indefinitely confined to an Iowa mental health unit have filed a federal lawsuit against the state, claiming its civil commitment program is unconstitutional. Full Article
Read MoreMN: What is deserved for a sex offender?
Two painful, recent stories illuminate complex controversies that surround Minnesota’s practice of locking up certain sex offenders in a “treatment program” after they’ve served prison sentences for their crimes. Full Article
Read MoreMN: 26-year-old is cleared for unconditional release from MSOP
A Minnesota court has ordered the first-ever full and unconditional discharge from Minnesota’s sex offender treatment program, choosing a young man who has spent the past six years in state confinement solely for sexual acts he committed as a child. Full Article
Read MoreNY: These guys are really bad – NY wins big victory in locking up sex offenders forever
Albany, NY — New York’s top court this month delivered a big victory to state prosecutors who want to remove some of the worst sex offenders from society — possibly forever. It dealt a blow to those who fear that the state is expanding a controversial confinement program beyond its Constitutional grounds. Full Article
Read MoreMN: Appeals court hears challenge to constitutionality of Minnesota Sex Offender Program
A federal appeals court in St. Louis heard oral arguments Tuesday about whether the state of Minnesota’s sex offender treatment program violates the Constitution with its practice of indefinite detention. The case before the Eighth Circuit Court of Appeals could force the state to make a series of politically unpopular reforms to the Minnesota Sex Offender Program (MSOP), which has come under fire for its failure to release more offenders into the community. Full Article
Read MoreFL: 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…
Read MoreTX: Mentally ill offender to stay in treatment program officials say he cannot understand
At the state’s home for sex predators, the Billy Clayton Center, the word “detention” has been removed from the facility sign. – The Texas Civil Commitment Office will create a special mental health treatment program for one man at a West Texas lockup after losing a fight with the state health department over which agency should house and treat a felon it says is too ill to benefit from – or even understand – the sex offender treatment he has been ordered to undergo. Full Article
Read MoreConfined at Coalinga: California sex offenders face indefinite detention
____ _____ ____, 54, is a pedophile; no one disputes that, not even his lawyer. Since the 1980s, he has been convicted three times of molesting very young girls — including his 4-year-old daughter. His crimes resulted in three years in prison. He finished serving the last of those years in 2000. But that wasn’t the end of his incarceration. Under California law, there are two sets of punishments for sex offenders: one for the crimes they are known to have committed and one for the people the legal system…
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