34. Programs-prisoner.
U.S. Appeals Court SEX OFFENDER RIGHT TO TREATMENT
Leamer v. Fauver, 288 F.3d 532 (3rd Cir. 2002). A state prisoner filed a [section] 1983 action challenging his placement on a prison's restricted activities program (RAP). The district court dismissed the case and the prisoner appealed. The appeals court reversed and remanded, finding that the state's unique former statutory scheme for sex offenders, which predicated the term of sentence on a prisoner's response to treatment, created a liberty interest in treatment and a right to treatment for the purposes of both procedural and substantive due process analyses. (Adult Diagnostic Treatment Center, New Jersey)
U.S. Appeals Court INCENTIVES
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