Thank you for sharing!

Your article was successfully shared with the contacts you provided.
DECISIONS DECISIONS n CRIMINAL PRACTICE admissions made by sex offenders during a treatment program can be used in trying their sexually-violent-persons status, the Arizona Court of Appeals said on May 8. State v. Gaines, No. 1 CA-SA 03-0054. Two convicted, incarcerated sex offenders participated in a sex-offender treatment program in exchange for good-time credits and better prison placement. They signed a mandatory confidentiality waiver, which permitted release to law enforcement agencies of information gleaned from the program. The waiver did not apply to the confidentiality of any “disclosure of undocumented sexual misconduct.” When the state petitioned to detain the two sex offenders until trial on their status as sexually violent persons under Arizona’s Sexually Violent Persons Act, the offenders moved to suppress their admissions of uncharged sexual offenses. The lower court ordered suppression. The appeals court reversed. The court found that the waiver did not promise to preclude disclosure of any documents specifically excluded by it. The waiver specified that the law requires therapeutic staff to release certain information they acquire and the statute compels disclosure, the court said. It acknowledged that use of these admissions may prevent sex offenders from being candid in the program, so they may not benefit from it. But the court also found that legal principles and the statute’s plain language compelled reversal of the orders.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.