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Community Notification Upheld by Three Circuits by In the December, 1997, PLN we reported Doe v. Gregoire , 960 F. Supp. 1478 (WD WASH. 1997), wherein a district court ruled that Washington's "community notification" statute violates the ex post facto clause insofar as releasing information to the public regarding sex …
Article • February 15, 1998 • from PLN February, 1998
KS S.Ct. Affirms Trust Account "Service Fee" by KS S.Ct. Affirms Trust Account "Service Fee" In two separate cases the Kansas supreme court affirmed a state DOC policy, KAR 44-5-115, which imposes a $1 monthly surcharge on prisoners for administering their prison trust accounts. A state district court held that …
Article • October 15, 1997 • from PLN October, 1997
Mississippi Good Time Violates Ex Post Facto by The supreme court of Mississippi held that retroactive application of a statute requiring felons to serve 85% of their sentence before release violated the ex post facto provisions of the Mississippi and United States constitutions. In 1995 the Mississippi legislature enacted Senate …
Article • October 15, 1997 • from PLN October, 1997
Rhode Island Probation Fee Ruling Reversed by In the September, 1996, issue of PLN we reported Taylor v. Rhode Island, 908 F. Supp. 92 (D RI 1995) where a district court struck down as violating the ex post facto clause and due process a state statute requiring probationers to pay …
Article • August 15, 1997 • from PLN August, 1997
Florida Supreme Court Strikes Down Gain Time Loss by The Florida supreme court held that a DOC Policy denying gain time to prisoners eligible to receive it at the time of their conviction violated the ex post facto clauses of the Florida and United States constitutions. In 1996 the Florida …
California EFV Injunction Reversed by In the September, 1995, issue of PLN we reported that a Marin county superior court judge had issued a preliminary injunction enjoining Title 15, section 3174(e)(1) of the California Code of Regulations (CCR). The regulation in question eliminated family visits for a wide category of …
Article • April 15, 1997 • from PLN April, 1997
US Supreme Court: Florida Gain Time Statute Violates Ex Post Facto by Paul Wright On February 19, 1997, a unanimous United States Supreme Court held that the revocation of previously granted good time credits violates the ex post facto provision of the United States constitution. The Court held that subjective …
New York Sex Offender Registration Enjoined by A federal district court in New York held that a state law allowing public notification of sex offenders released from prison violates the ex post facto rights of those offenders convicted before the law was passed. Since 1990 at least 46 states, starting …
Article • September 15, 1996 • from PLN September, 1996
Rhode Island Fee Violates Ex Post Facto by A federal district court in Rhode Island held that a DOC policy imposing a monthly supervision fee on probationers convicted before enactment of the statute allowing assessment of such fees violated the ex post facto provisions of the U.S. and Rhode Island …
U.S. Supreme Court to Review Cases by Washington Disc. Case On April 29, 1996, the US Supreme Court announced it would hear an appeal by Washington state prison officials involving a prisoner's challenge to the loss of good time during a prison disciplinary hearing. Jerry Balisok filed suit under 42 …
Article • May 15, 1996 • from PLN May, 1996
Michigan Parole Law Unconstitutional by A federal district court in Michigan held that 1992 amendments to Michigan laws extending the time period between parole reviews violated the ex post facto clause of the US constitution. This case consists of a class action suit under 42 U.S.C. § 1983 filed by …
Article • April 15, 1996 • from PLN April, 1996
Parole Change Violates Ex Post Facto Clause by In the July, 1995, issue of PLN we reported the supreme court's ruling in Morales v. California Department of Correction, 115 S.Ct. 1597 (1995) which held that legislatively extending the time in which a prisoner can appear before a parole board does …
TRO Granted in Alaska Sex Offender Registration by Since 1990, when Washington state passed the Community Protection Act (CPA), many states have followed suit and copied its provisions. The Washington CPA is one of the most draconian laws of its type in the country concerning the registration and civil commitment …
Article • December 15, 1995 • from PLN December, 1995
Florida Repeal of Earned Time Law Upheld by In 1988 the Florida state legislature enacted Fla.Stat. § 944.277 (1988) which extended the amount of gain-time awarded to prisoners. This was one of several statutes enacted by the Florida legislature in order to maintain the Florida prison population within the limits …
WA Civil Commitment Law Ruled Unconstitutional by In a tersely worded decision, Fed eral District Court Judge John C. Coughenour drove a stake into the heart of Washington's controversial civil commitment law (Wash. Rev. Code § 71.09). He ruled the statute unconstitutional on its face, citing: "the violation of the …
Article • September 15, 1995 • from PLN September, 1995
IL Change in Good Time Statute Unlawful by On December 22, 1994, the Illinois state supreme court held that an Illinois statute eliminating certain categories of prisoners from those eligible to early good conduct credit at an accelerated rate violates the state and federal constitutions when applied retroactively. The primary …
Article • July 15, 1995 • from PLN July, 1995
Supreme Court Turns Back Parole Challenge by In the July, 1994, issue of PLN we reported Morales v. California DOC, 16 F.3d 1001 (9th Cir. 1994). The appeals court held that a California statute that was modified to allow for parole hearings every three years instead of every year violated …
Article • June 15, 1995 • from PLN June, 1995
WA Powell Update by John Midgley This is to update you on recent developments in the Powell case on retroactive application of SHB 1457 to mandatory life term prisoners. As you know, earlier this year the Ninth Circuit refused to rehear the case. So, on April 10, 1995, we filed …
Article • November 15, 1994 • from PLN November, 1994
Change in Parole Eligibility Actionable Under Section 1983 by Thomas Lewis is a Tennessee state prisoner convicted in 1984 and sentenced to 30 years in prison. At the time of his conviction prisoners became eligible for parole consideration after serving thirty percent of their sentence. In 1989 the Tennessee DOC …
Article • November 15, 1994 • from PLN November, 1994
U.S. S.Ct. to Hear Prison and Parole Cases by The 1994-95 term of the United States Supreme Court began on October 3, 1994. Among the cases scheduled for hearing by the Supreme Court are two cases previously reported in PLN which will have wide ranging effect. California Department of Corrections …
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