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Sex Offender Requirement to Admit Guilt as Condition of Parole Does Not Violate First Amendment, Due Process or Ex Post Facto

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

In Newman v. Beard, No. 08-2652 (August 16, 2010), the Third Circuit affirmed the district court?s dismissal of petitioner?s amended complaint which asserted that the Department of Corrections? (DOC) requirement that sex offenders admit guilt as a prerequisite to entry into a treatment program, the completion of which is required to be eligible for parole under 42 Pa. Cons. Stat. Ann. § 9718.1, violates petitioner?s: 1) First Amendment right; 2) right to due process; and 3) the Ex Post Facto Clause of the Constitution.Newman was convicted of two rapes and related sexual offenses. While serving his sentence, Pennsylvania enacted new legislation requiring sex offenders to complete a treatment program to be eligible for parole. A DOC regulation required all inmates to admit guilt in order to attend the program...continue to full post

Full post as published by Third Circuit Blog on September 08, 2010 (boomark / email).