Anthony A. v. Commissioner of Correction

Summary

The court held that the Department of Correction violated the petitioner's procedural due process rights by classifying him as a sex offender based on nonconviction information without allowing him to call relevant witnesses, informing him of all information to be used, or providing an impartial appeal decision maker. The court nevertheless concluded that sufficient evidence supported the classification and that the classification did not violate substantive due process. Because the classification also violated the state constitutional protection against punishment not clearly warranted by law, the court reversed and directed issuance of a writ of habeas corpus and expungement of the petitioner's sex treatment need score.