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No Due Process Violation for Holding Sex Offender Past Release Date
The plaintiff, a convicted sex offender, was not released until three months after his conditional release date because his residence was not approved until then. The requirements for approval were formalized only one day before his CR date.
Due process for the imposition of conditions for conditional release include "notice that he would not be released without an approved residence, an explanation of why this special condition was being imposed, and an opportunity to dispute the grounds for application of the special condition." The plaintiff received this process, since he was told two months before release that he had to propose possible residences. The court is satisfied that he knew why the requirement was imposed and had ample opportunity to contest its application, since it was explained to him two months before the CR date. The failure to formalize these requirements until a day before the CR date did not deny due process in light of the notice actually given and efforts made by the Division of Parole to help the plaintiff find an approved residence. See: Doe v. Simon, 221 F.3d 137 (2nd Cir. 2000).
Due process for the imposition of conditions for conditional release include "notice that he would not be released without an approved residence, an explanation of why this special condition was being imposed, and an opportunity to dispute the grounds for application of the special condition." The plaintiff received this process, since he was told two months before release that he had to propose possible residences. The court is satisfied that he knew why the requirement was imposed and had ample opportunity to contest its application, since it was explained to him two months before the CR date. The failure to formalize these requirements until a day before the CR date did not deny due process in light of the notice actually given and efforts made by the Division of Parole to help the plaintiff find an approved residence. See: Doe v. Simon, 221 F.3d 137 (2nd Cir. 2000).
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Related legal case
Doe v. Simon
| Year | 2000 |
|---|---|
| Cite | 221 F.3d 137 (2d Cir. 2000) |
| Level | Court of Appeals |
| Injunction Status | N/A |