Mitchell Hamline School of Law

Sex Offense Litigation and Policy Resource Center

Parole

Bomgaars v. State of Iowa (Iowa 2021)

Posted: December 6, 2021
Iowa Supreme Court opinion holding that although inmates have a liberty interest in parole, the state is not violating inmates' right to due process by delaying sex offense treatment that must completed to be meaningfully considered for parole. The opinion states that the Iowa Department of Corrections has acted reasonably in attempting to address the fact there are too many individuals convicted of sex offenses in the system to provide treatment on a timely basis.

Bomgaars v. State of Iowa (Iowa 2021)

Stradford v. Secretary Pennsylvania Department of Corrections (3d Cir. 2022)

Posted: February 15, 2021
Third Circuit opinion reversing district court and holding that Pennsylvania's practice of treating people convicted of sex offenses differently than other individuals for the purposes of placement in halfway houses due to community concerns did not violate Equal Protection Clause.

Stradford v. Secretary Pennsylvania Department of Corrections (3d Cir. 2022)

Blanke v. Board of Pardons (Utah)

Posted: May 1, 2020
Utah Supreme Court opinion affirming that Appellant's due process rights were not violated when the parole board required him to complete a sex offender treatment program, where he was convicted of a non-sexual offense requiring registration and made statements in a presentence report indicating that sexual conduct was connected with the offense of conviction.

Blanke v. Board of Pardons (Utah)

Alliance for Constitutional Sex Offense Laws v. California Department of Corrections and Rehabilitation (Cal. Ct. App. 3rd 2020)

Posted: February 14, 2020
California Court of Appeal decision finding that California state regulations excluding those convicted of non-violent sex offenses from parole eligibility contradicted plain text of a ballot initiatve, and thus was unlawful.

Alliance for Constitutional Sex Offense Laws v. California Department of Corrections and Rehabilitation (Cal. Ct. App. 3rd 2020)

Topics

Jurisdiction

Constitutional Issues

Substantive Issues

Actual Innocence Administrative exhaustion Administrative Procedures Act AEDPA Antisocial Personality Disorder Apprendi / Alleyne As-Applied AWA Burden of Proof Churches Civil Commitment Collateral Estoppel Conditions of Confinement Conditions of Release Daubert Deregistration Evidentiary Standards Expungement Extraterritorial Registration Failure to Register Familial Relationships GPS Halloween Hearsay Heck bar Homelessness Housing HUD Immigration Ineffective Assistance International Travel Internet Identifiers Internet Restrictions Jury Instructions Juvenile Registration Mental disorder Non-Sexual Offense Notification Out-of-state Offense Paraphilia Diagnosis Pardon Parole Personality Disorder Plea Agreement Plethysmograph PLRA Polygraphs Preemption Presence Restrictions Procedural Default PROTECT Act Punishment Qualified Immunity Recidivism Reclassification Res Judicata Residential Banishment Retroactive Application (Non-EPF) Revocation of Supervision Risk School Property Second / Subsequent Offense Sentencing Sexual Predator designation Sign Posting Special Needs Supervised Release SVP Tiering / Classification Tolling Transitional Release Travel Travel Restrictions Treatment Programs Voting Rights