Portland, OR - The U.S. Court of Appeals for the Ninth Circuit has ruled federal judges can't use statements made by offenders in treatment when determining how to sentence them for other crimes.
The judges made the ruling in the case of an Oregon man who was convicted of rape in 2003.
After his prison sentence, Richard. R. Bahr Jr. was required to undergo post-prison supervision.
As part of his treatment, he took a polygraph and admitted to sex abuse of minors.
A Portland judge later used that information when sentencing Bahr to 20 years in prison on a separate child-pornography conviction.
The appeals court ruled that the judge's use of the treatment disclosures was unconstitutional.
The appeals court vacated the sentence and sent the case back to the judge for resentencing.
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