Impossibility defense, by the state, artfully worded! Amazing, sounds like he has grounds for resentencing. 2-12-2012 Nebraska:
LINCOLN, Neb. -- The Nebraska Supreme Court has affirmed the mental health commitment of a convicted sex offender.
The offender, referenced only as "S.C." in the appeal, was convicted in 2008 of sexual assault of a child and sentenced to five years. His sentencing stipulated he must complete a sex offender treatment program while in prison or be subject to commitment at the end of his sentence.
The offender argued in his appeal that he had been willing to undergo treatment, but was told it was available only at the Lincoln prison. He was denied a request to transfer there, because he had a relative who worked at the Lincoln prison.
The state's high court upheld his commitment, saying the offender had "no absolute right" to treatment while in prison. ..Source.. by KETV7.com
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