The Minnesota Supreme Court held that patients civilly committed to Minnesota's Sex Offender Program ("MSOP") had a clearly established right to transfer to a less restrictive environment within a reasonable time following issuance of a Minnesota Commitment Appeals Panel transfer order.
Supreme Court of Illinois affirmed lower court decision granting motion for civilly committed individual on conditional release who sought financial assistance from the Director of the Department of Corrections as his guardian.
California Court of Appeals opinion holding as a matter of first impression, that the government was not entitled to call a privately retained expert witness to testify at SVPA trial as to petitioner's mental state.
District Court opinion on remand from the Eighth Circuit holding that Plaintiffs challenged conditions of confinement serve legitimate governmental objectives that are not excessive, arbitrary, purposeless, or punitive and that there is insufficient evidence to conclude that Defendants were deliberately indifferent to any specific illness or injury or that any alleged indifference caused any actual injury or harm.
Supreme Court of Illinois opinion holding that under the amended Sexually Dangerous Persons Act, it is unnecessary to make a separate express finding that the respondent is substantially probable to re-offend after finding the respondent is a sexually dangerous person.
California Court of Appeal opinion affirming denial of appellant's motion to dismiss guilty plea based on ineffective assistance, concluding that counsel was not obligated to advise appellant that a sexually violent predator (SVP) commitment was a possible consequence of his plea.
Tenth Circuit opinion affirming district court decision denying petition for writ of habeas corpus by state prisoner serving indeterminate sentence of one year to life under Colorado Sex Offenders Act.
Minnesota Supreme Court opinion reversing a judgment of the appellate court regarding a civilly committed individual's petition for reduction in custody, holding that the clear error standard of review does not allow an appellate court to reweigh evidence.
Southern District of Illinois opinion finding that systemic failures to provide adequate mental health treatment at Big Muddy River Correctional Center’s Sexually Dangerous Persons Program resulted in Plaintiffs’ detainment “without real hope of release” and deprived Plaintiffs of due process in violation of the Fourteenth Amendment.
Supreme Court of California opinion holding that Petitioner was prejudiced by the erroneous admission of hearsay evidence in his probable cause hearing for involuntary commitment pursuant to the Sexually Violent Predator Act.