This is just unbelievable, if he was out in the community the petition could not be brought against him. Proof that there are separate court rules for sex offenders!
7-17-2009 Iowa:
DES MOINES, Iowa (AP) - The Iowa Supreme Court says even though a convicted sex offender was mistakenly still in prison, a hearing to commit him indefinitely as a sexually violent predator can move forward.
The case involves Galen Shaffer, who was convicted in 1995 of 3 counts of second-degree sexual abuse.
The Black Hawk County District Court found that Shaffer's rights were violated because corrections officials used laws approved after his incarceration to calculate his release date. It dismissed the state's petition for civil commitment, calling it untimely because it came after he should have been released.
However, the Supreme Court found the state was keeping Shaffer confined "under a good faith belief" and reversed the district court decision.
The case is being returned for more proceedings. ..Source.. by KTIV4.com
July 17, 2009
IA- Iowa Supreme Court rules against sex offender
MA- Massachusetts: Ruling on Sex Offenders and Civil Commitment
7-17-2009 Massachusetts:
The Massachusetts Supreme Judicial Court decided that judges must issue rulings within 30 days of a trial when they are deciding whether defendants should be held indefinitely as sexually dangerous offenders.
The court ruled in a case brought by a man convicted of child rape and indecent assault and battery on a child. Shortly before the man, Joseph Blake, was to be released from prison in 2002, prosecutors sought to have him committed to a Bridgewater prison treatment center for sex offenders.
A judge held a trial in 2004, then took 13 months to issue a decision that granted prosecutors’ request. The Supreme Judicial Court upheld the decision to commit Mr. Blake, and also found that his constitutional rights were not violated by the 13-month delay. But the court said the delay was “unacceptably long” and established the new 30-day rule. ..Source.. by NY Times
April 7, 2009
NH- Sex Offender Released After Missed Deadline
4-7-2009 New Hampshire:
Officials Had Sought To Commit Man After Sentence
MANCHESTER, N.H. -- A convicted sex offender who officials wanted to keep behind bars was released from prison Monday, and officials said a glitch in the system could be to blame.
In April 2008, the Hillsborough County Attorney's Office sought to have Richard Hilton, 34, committed for up to five years following the end of his prison sentence. But the Superior Court didn't file the proper paperwork in a timely fashion, so Hilton was released.
Hilton plans to live in Manchester and is required to register with police.
Hilton and Raymond Fournier, both of whom have served their full sentences but their time in prison was extended under a law called the Sexual Violent Predators Act. If a judge determines a sex offender who has finished his sentence is likely to reoffend if not locked up, the offender can be transferred to a secure psychiatric unit in the prison for five years at a time.
Fournier's lawyers challenged his extended sentence, saying the guidelines of the Sexual Violent Predators Act indicate a judge must make that ruling within 10 days. In Fournier's case, the judge took more than 30.
The state Supreme Court agreed and Fournier's sentence was dismissed. Fournier was released from prison on Friday to Mount Vernon.
(Posted by eAdvocate)
Hilton's lawyers also challenged, saying the judge in his case also took too long, and Hilton was also set free.
"The court ordered him released and we had to release him," Department of Corrections spokesman Jeff Lyons said.
Under the Supreme Court ruling, the Department of Corrections had no choice but to let the men go, a representative said.
A spokesman for the state Supreme Court said that on Tuesday, the court will issue a directive making sure that "mandatory time limits are complied with" when it comes to committing a person as a sexually violent predator.
Other than registering with the towns where they live, there will be no monitoring.
"They've reached their maximum sentence, they've paid their debt to society and they can go on and live their lives," Lyons said.
The governor's office also weighed in, with a spokesman saying the issue should have been a priority for the courts. The spokesman said a sexual predator shouldn't be released because the courts missed a deadline, and the governor plans to work with lawmakers to draft legislation to address the situation. ..News Source.. by WMUR9
