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California Appellate Court: Time Spent in Mental Hospital to Restore Competency is Time Served
by David M. Reutter
On March 28, 2023, the CaliforniaThird District Court of Appeals ordered a lower court to recalculate a prisoner’s custody credits for time spent in a facility to bring the defendant back to competency. The Court’s ruling follows one almost a year earlier by the state Court ...
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More from this issue:
- Despite #MeToo, Celebrity Justice Remains Massively Unjust, by Matthew Clarke
- Georgia Prison Smuggling Ring Busted, Warden and Former Guard Arrested, by Chuck Sharman
- From the Editor, by Paul Wright
- Pennsylvania Jail Hit With Over $1.5 Million in Overages for Guards, Healthcare, by Kevin Bliss
- $50,000 Settlement to Texas Prisoner for Feces-Covered Cell
- New Jail Healthcare Provider Coming to Albuquerque – Again, by Kevin Bliss
- Third Connecticut Prison Lockdown in Five Months, by Kevin Bliss
- Guantanamo Prison Down to 30 Detainees, by Jordan Arizmendi
- Fifth BOP Staff Conviction and Sixth Arrest in California Prison ‘Rape Club’, by Jo Ellen Nott
- Tennessee DOC Coughs Up Video of Condemned Prisoner Who Severed Own Penis, by Eike Blohm, MD
- California LGBTQ Pardon Initiative Falls Short, by Chuck Sharman
- Florida Returning Canteen Funds for Prisoner Programming, by Harold Hempstead
- Fifth Detainee Dies in 2023 at California’s Santa Rita Jail, by Jo Ellen Nott
- Ohio Makes Sweeping Changes to Criminal Justice
- New York City Stops Reporting Rikers Island Deaths Amid Rampant Guard Misconduct, by Benjamin Tschirhart, Chuck Sharman, Kevin Bliss
- New York Prisoner Is Released After Conviction Is Vacated, Reinstated and Vacated Once More, by Chuck Sharman
- Seventh Circuit: Attorney’s Submission of Illinois Prisoner’s Grievance Exhausts Administrative Remedies, by David Reutter
- $142,500 Settlement After Pennsylvania Jail Guard Allegedly Knocked Out Detainee and Broke Her Jaw, by Matthew Clarke
- L.A. County Watchdog Takes Aim at “Deputy Gangs”, by Douglas Ankney
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Prison Work Injury, by Matthew Clarke
- Newly Released Government Records Reveal Horrible Neglect of Terminally Ill Woman in Federal Prison, by C.J. Ciaramella
- Prisoner Who Reached $11,400 Retaliation Settlement with South Dakota Jail Tries Again with DOC, by Keith Sanders
- Seventh Circuit: Low IQ and Segregation Placement May Render Administrative Remedies Unavailable to Indiana Prisoner, by David Reutter
- More Success for Medication-Assisted Treatment Programs in Prisons and Jails, by Keith Sanders
- Fourth Circuit Affirms Dismissal of North Carolina Prisoner’s ADA Claim for Failure to Show Deliberate Indifference, by Douglas Ankney
- California Appeals Court Affirms Rate Caps and Fee Limitations for Prison Telecoms, by Douglas Ankney
- $120,000 Settlement Reached With Long Island Detainee Assaulted by Jail Guards, by Jacob Barrett
- $500,000 Settlement for Texas Man Wrongly Imprisoned for Child Sex Abuse, by Benjamin Tschirhart
- New York Bail Reform Laws Reduced Recidivism, Contrary to Critics’ Claims, by Chuck Sharman
- $150,000 Verdict for South Carolina Jail Detainee’s Groin Injury During Pat-Down, by Eike Blohm, MD
- Texas Prisons are Fire Traps, by Edward Lyon
- Over $7,600 Awarded to Tennessee Prisoner for Retaliatory Cell Search and Transfer
- Tenth Circuit: Colorado Prisoner’s Injury Requiring Medical Treatment Not De Minimus, by David Reutter
- FCC Granted Broader Authority to Regulate Prisoner Call Costs, by Chuck Sharman
- California Prisoners Embracing Arts, by Kevin Bliss
- $15,001 Verdict Against Delaware Guard for Gaping Prisoner’s Butt During Strip Search, by Keith Sanders
- Almost 800 Deaths in South Carolina Jails and Prisons Six Years
- Fourth Circuit Revives Virginia Prisoner’s Challenge to Discipline for Allegedly Sexually Harassing Guard, by David Reutter
- Georgia Prisoner Allowed to Proceed on Section 1983 Claim Seeking Execution by Firing Squad, by David Reutter
- States Take Legislative Action to Address Family Separation by Incarceration, by Jordan Arizmendi
- Iowa DOC Changes Policy After Ombudsman Calls Out Unfair Prisoner Discipline, by Kevin Bliss
- Biden Granting More Pardons Than Trump, Fewer Than Obama, by Jordan Arizmendi
- Bad Lawyering, Bankruptcy Torpedo Suit Over Delaware Prisoner’s Death, by Jayson Hawkins
- California Appellate Court: Time Spent in Mental Hospital to Restore Competency is Time Served, by David Reutter
- FCC Requires Prison Telecoms to Provide Services for Deaf Prisoners, by Jordan Arizmendi
- $1.325 Million Settlement after Virginia Detainee’s Opiate Withdrawal Ignored in Jail, by David Reutter
- Nebraska Parole Board Members Showing Up to Work More Often, by Chuck Sharman, Jordan Arizmendi
- The World’s Biggest Prison, by Edward Lyon
- News in Brief
More from David Reutter:
- Texas Court of Criminal Appeals Announces Order of Deferred Disposition Not a ‘Sentence’ Under Article 44.01(b)—Which Authorizes State to Appeal Illegal Sentence—Resolving Split Among State Courts of Appeals, April 15, 2025
- Fifth Circuit: Sentence Enhancement for Maintaining Drug Premises Not Satisfied Solely by Defendant’s Single, Conclusory Statement That He ‘Maintained’ Premises When Record Shows Mere ‘Use’ of Premises, April 15, 2025
- Illinois Pretrial Incarceration Becomes Less Random A Year After Elimination of Cash Bail, April 1, 2025
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
More from these topics:
- Policing the Vulnerable: The Criminalization of Disability, May 15, 2025. Disabled Prisoners, Mental Health.
- Rikers Island Detainees Wait in “Black Hole” for Competency Treatment, May 1, 2025. Pretrial Detention and Detainees, Competency Hearing.
- ACLU Sues BOP Over Failure to Implement First Step Act Release Credits, May 1, 2025. U.S. Sentencing Guidelines, First Step Act, Bureau of Prisons (BOP).
- Wait for Competency Restoration Averages 14 Months in Missouri Jails, May 1, 2025. Competence of Defendant, Competency Hearing, Timeliness of Motion.
- Arkansas Supreme Court Rules § 16-93-609(b)(2)(B), Relating to Parole Eligibility for Residential Burglary Conviction, Applies Retroactively to Defendant, April 15, 2025. U.S. Sentencing Guidelines, Resentencing, Bank Fraud/Robbery/Theft, Probation, Parole & Supervised Release, Eligibility for Parole.
- Virginia Parole Board Skirts New Transparency Rules, Governor Walks Back Expanded Sentence Credits—Again, March 1, 2025. Local Rules, U.S. Sentencing Guidelines, Probation, Parole & Supervised Release, Credits.
- Fourth Circuit Reverses Denial of Counsel for “Low IQ” North Carolina Prisoner, March 1, 2025. Mental Health, Counsel - Constructive denial of.
- Oregon DOC Investigation Puts Top Medical Officials on Leave, Feb. 15, 2025. Systemic Medical Neglect, Malpractice, Staffing, Mental Health, Official Investigation.
- Former South Carolina Jailer Spared Prison After Testimony Fails to Convict Former Sheriff, Feb. 15, 2025. Guard Brutality/Beatings, U.S. Sentencing Guidelines, Sentences - Adjustments and Departures, Offense of Conviction.
- The Murky Waters of Parole, Feb. 1, 2025. Parole/Probation Searches, U.S. Sentencing Guidelines, Parole Liability, Probation, Parole & Supervised Release.