×
You've used up your 3 free articles for this month. Subscribe today.
IFRP Payment Schedule May Not be Delegated to BOP by Sentencing Judge
Loaded on Oct. 15, 2013
by Derek Gilna
published in Prison Legal News
October, 2013, page 36
The U.S. Court of Appeals for the Ninth Circuit has held that “where the sentencing court has failed to consider whether the defendant has the financial resources to pay restitution immediately, ordering immediate payment impermissibly delegates to the BOP [Bureau of Prisons] the court’s obligation to set a payment schedule.” …
Filed under:
Administrative Exhaustion,
Money/Property,
Seizure of Prisoner Funds,
Restitution,
Mandatory Victims Restitution Act.
Location:
California.
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- How Many Inmate Deaths is too Many?, by Dave Maass
- From the Editor, by Paul Wright
- Sex Offenders Who Fail to Register May Receive Life Sentence Under California’s “Three Strikes” Law
- Five Prisoner Deaths in Eighteen Months at Small Ohio Jail, by Matthew Clarke
- New York Promised Help for Mentally Ill Prisoners – But Still Sticks Many in Solitary, by Christie Thompson
- Widespread Sexual Abuse Alleged at Alabama Women’s Prison
- Idaho: Federal Court Unseals Pleadings, Holds CCA in Contempt for Violating Settlement Agreement
- Third Circuit Finds Just Cause or Excuse Defense Not Applicable in Prison Assault Case, by Derek Gilna
- Special Sex Offender Release Conditions Vacated by Tenth Circuit, by Derek Gilna
- Hunger Striking Illinois Jail Prisoner Dies, by Matthew Clarke
- Texas Prison Burials Surprisingly Well Done
- Former Federal Prisoner Claims to be Most Litigious Person
- IFRP Payment Schedule May Not be Delegated to BOP by Sentencing Judge, by Derek Gilna
- Georgia: Civil Rights Law Firm Demands Return of Fines Illegally Collected by State Court Judge, by Ryan Primerano
- Eighth Circuit Denies Civilly Confined Minnesota Patients 1983 Action, by Derek Gilna
- Ninth Circuit Reverses Dismissal of Nevada Prisoner’s First Amendment Retaliation Claims
- Former Georgia DOC Official Charged for Embezzling Public Funds, by Christopher Zoukis
- Effective Counsel Required in Kansas Civil Commitment Proceedings
- CDCR to Block Contraband Cell Phone Signals at all Facilities
- California: Court May Not Award Increased Presentence Conduct Credits to Categorically Disqualified Prisoners
- D.C. District Court Reaffirms Access to Counsel for Guantanamo Detainees, by Derek Gilna
- Declining Prison Populations Leave Towns with Empty Jails, Debt, by David Reutter
- Private Detention Facility Forced into Bankruptcy, Sold at Auction
- PLN Files Federal Lawsuit Over Censorship at Virginia Jail
- Brain Imaging Research Conducted on Prisoners, by Greg Dober
- Massachusetts: Overcrowding Forces Changes in Correctional Facilities, by David Reutter
- Death Row Prisoners in Two States File Suit over Hip Replacements, by David Reutter
- Oregon DOJ Intentionally Destroyed Records; Target of Abusive Criminal Investigation Settles Suit for $1 Million
- Montana Agrees to Change Policies for Treatment of Mentally Ill Juveniles in Adult Prison, by David Reutter
- News in Brief
More from Derek Gilna:
- Federal Judge in Louisiana Issues Sweeping Opinion Finding Numerous Eighth Amendment, ADA and RA Violations at Angola, April 1, 2022
- Human Rights Defense Center Prevails in Censorship Lawsuit Against Napa County Jail, California, Sept. 1, 2021
- California State Auditor’s Report Faults Counties for Waste and Poor Oversight of State Funds Used in “Public Safety Realignment”, Sept. 1, 2021
- The Fight Over Cellphones in Prisons Rages On, Sept. 1, 2021
- District Court Extends Armstrong Order to Five Additional California Prisons, Sept. 1, 2021
- HRDC Settles Censorship Lawsuit with Johnson County, Kansas Jail for $50,000 and Policy Changes, Aug. 1, 2021
- Virginia Prosecutors to Dismiss 400 Drug Convictions Tied to Disgraced Cop, July 15, 2021
- Discredited New York Police Detective’s False Testimony Causes the Dismissal of Close to 100 Drug Convictions, June 15, 2021
- D.C. Department of Forensic Sciences Firearms Examination Unit Under Fire, April 15, 2021
- Mississippi Joins Illinois and Few Other States Prioritizing Vaccination of State Prisoners to Slow Spread of COVID-19, April 1, 2021
More from these topics:
- Eleventh Circuit Affirms Refusal to Expand Bivens to Claim Alleging Federal Prisoner Died from Denial of Treatment for Hepatitis C, Oct. 1, 2026. Medical, Eighth Amendment, Administrative Exhaustion, Civil Rights Actions or Offenses/Bivens Actions, Deliberate Indifference.
- Florida DOC Rebuked for Seizing Prisoner’s Excessive Force Settlement to Cover Incarceration Liens, Sept. 1, 2026. Summary Judgment, Settlements, Seizure of Prisoner Funds, Trust Accounts, 42 U.S. Code § 1983, civil action for deprivation of rights.
- New Connecticut Law Changes PREA Standards, Sept. 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Administrative Exhaustion, Prison Rape Elimination Act, State Legislation.
- Formally Available, Rarely Granted: A State Prisoner’s Guide to Federal Habeas Relief, Sept. 1, 2026. Administrative Exhaustion, Habeas Corpus, Bureau of Prisons Orders, Administrative Law/Remedies, Evidence - Integrity/Reliability of, Tolling of Statutes of Limitations and Laches, Federal Rules of Evidence, Statute of Limitations.
- Ninth Circuit Lets Stand Ruling That Federal Prisoners’ Gradually Accumulated Savings Are Subject to Restitution Turnover, June 1, 2026. Restitution, Trust Accounts, Statutory Construction/Interpretation, Fines.
- Texas Moves to Restrict Cashless Bond and Reverse Federal Court-Ordered Misdemeanor Bail Reform, May 1, 2026. Conditions of Confinement, Money/Property, Bail/Pretrial Release, Civil Rights Actions or Offenses/Bivens Actions, Plea Agreements/Guilty Pleas.
- Kentucky Supreme Court Clarifies Parole Board May Delegate Final Revocation Hearings to Administrative Law Judges but Holds Due Process Requires Parolees Be Permitted to File Exceptions to ALJ Findings Before Board Renders a Final Revocation Decision, April 1, 2026. Administrative Exhaustion, Fourteenth Amendment, rights, Revocation/Modification of Probation, etc., Revocation Proceedings, Authority and Jurisdiction.
- Montana Supreme Court: Due Process Prohibits Courts From Relying on Unproven Charging Allegations When Imposing Sex Offender Registration Duty, Announces First-Impression Rule Limiting Review to Elements of Conviction, March 1, 2026. Sex Offender Registration, Administrative Exhaustion, Fourteenth Amendment, rights, Qualifying Offenses, Acquitted Conduct/Uncharged Crimes/Dismissed Counts.
- $450,000 Paid for Michigan Jail Detainee’s Fentanyl Death, Incarcerated Husband Prevails in Claim for Part of Payout, Feb. 1, 2026. Drug Overdose, Seizure of Prisoner Funds, Medical Neglect/Malpractice, Deliberate Indifference.
- SCOTUS Announces MVRA Restitution Constitutes Criminal Punishment Subject to Ex Post Facto Clause Protections, Feb. 1, 2026. Ex Post Facto, Restitution, Constitution, U.S., Statutory Construction/Interpretation.