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GPS Used to Track Sex Offenders in Washington State by Matthew Clarke by Matt Clarke Like firefighters and airline pilots, the ten Washington Department of Corrections community correction officers (CCOs) assigned to monitor high-risk sex offenders in King County via Global Positioning System (GPS) hope for a really boring day …
Article • November 15, 2009
Vengeance Meets Recidivism by Jimmie Franks By Jimmy Franks As vote-hungry politicians and vengeance-minded citizens continue to make it increasingly difficult for parolees to successfully reintegrate into society, prison recidivism remains a problem of epic proportions. Viewed objectively, the correlation between these two phenomena is readily apparent, although no one …
Article • November 15, 2009 • from PLN November, 2009
Justice Reinvestment Initiative Eliminates Texas Prison Overcrowding by Matthew Clarke by Matt Clarke Despite a massive prison-building program in the 1990s, in 2007 the Texas legislature had to deal with an overcrowded prison system. Some lawmakers proposed including $523 million in the biennial budget for prison construction. Surprisingly, the legislature …
Article • October 15, 2009 • from PLN October, 2009
Ninth Circuit: Refusal to Allow Cross-Examination of Lab Technician Violates Due Process by Brandon Sample The U.S. Court of Appeals for the Ninth Circuit held it was a violation of due process for a district court to deny a criminal defendant the right to cross-examine a lab technician who tested …
Article • October 15, 2009 • from PLN October, 2009
Texas Parole Board’s Hearing on Imposition of Sex Offender Conditions Inadequate by Matthew Clarke by Matt Clarke On March 24, 2009, a U.S. District Court ruled that hearings held by the Texas parole board before imposing sex offender parole conditions on prisoners not convicted of sex offenses were constitutionally inadequate. …
Evidence Found During Search of Prisoner’s Home While on Home Detention Not Subject to Suppression by On May 22, 2008, the U.S. Court of Appeals for the Sixth Circuit affirmed the denial of a motion to suppress evidence found during the search of a prisoner’s home while he was on …
Article • October 15, 2009
North Carolina: Positive Urinalysis Alone Doesn’t Sustain Marijuana Possession Charge by In a case of first impression, the North Carolina Supreme Court held on June 28, 2007, that a positive urinalysis alone was insufficient to uphold a probationer’s conviction for possession of marijuana. On August 21, 2004, defendant Darian Jaquan …
Texas’ Parole Condition X Violates Due Process by Gary Hunter Texas’ parole Condition X has come under scrutiny in a federal court case. On December 12, 2008, a U.S. magistrate judge issued a 30-page order granting partial summary judgment in favor of parolee David Brian Jennings, after concluding that the …
Article • September 15, 2009 • from PLN September, 2009
Working in Legal Field Not Prohibited While on Federal Supervised Release by Federal probation officers cannot restrict persons on supervised release from working as legal assistants, the U.S. Court of Appeals for the Eleventh Circuit held on April 8, 2009. Yraida L. Guanipa, convicted of attempted possession with intent to …
Article • September 15, 2009
New Research on Prisoner Gambling: Correctional Considerations and Implications for Re-entry by D J Williams by Dr. D J Williams Independent Researcher, Los Angeles, CA Exclusive article written for Prison Legal News (October 2009) *The author wishes to thank the Alberta Gaming Research Institute for funding his research on prisoner …
Article • September 15, 2009
California Probationer Must Provide Notice of Pet Ownership by In a decision filed December 29, 2008, California's Supreme Court affirmed an appeals court judgment that probation super¬visors violate no "fundamental or constitutional rights" by requiring a probationer to notify probation officers of any pets the probationer keeps. The Appellant in …
ICE Contract w/ BI, Incorporated for Electronic Monitoring/Alternatives to Detention Program, 2009 to 2014 Company Name: BI Incorporated Contract Number: HSCECR-09-D-00002 (HSCECR09D00002) Requisition/Reference Number: 192109CED0ATD0004 Latest Modification Processed: N/A Period of Performance: 7/20/2009 through 7/19/2014 Services Provided: Providing professional support services for the Intensive Supervision Appearance Program (ISAP) II for …
Article • July 15, 2009 • from PLN July, 2009
California: Waiver of Private Psychotherapist-Patient Privilege an Unreasonable Condition of Parole by The California Court of Appeal (2nd District) agreed with a superior court that it was unreasonable for a parole officer to insist that a parolee must, as a condition of parole, waive his confidential privacy privilege with his …
Article • July 15, 2009
Colorado's Prison System Structured to Promote Failure by August 12, 12:41 PM - Denver Criminal Justice Examiner - John Miller Mike peers from beneath the sackcloth he uses as a blanket, watching coldly as the other shelter residents ready themselves for sleep. The room is lined with beds and smells …
No Appeal of Immunity Defenses if Case Under Advisement by Immunity defenses may not be reviewed by way of appeal when a district court still has the matter “under advisement” before a magistrate judge, the U.S. Court of Appeals for the Fifth Circuit decided July 23, 2008. Raul Meza sued …
Article • July 15, 2009
DNA Collection from Probationers Does Not Violate Fourth Amendment by The collection of DNA from probationers does not run afoul of the Fourth Amendment, the U.S. Court of Appeals for the First Circuit decided July 7, 2008. The court’s decision comes in an appeal by the government from a lower …
Article • June 15, 2009
California Prisoner's Court-Ordered Release Reversed on Appeal by On October 5, 2006, after serving more than 21 years on a sentence of 15 years to life for second degree murder, California prisoner Garabet Tokhmanian was deemed suitable for parole by the parole consideration panel (the panel). Pursuant to California law, …
Article • June 15, 2009 • from PLN June, 2009
Washington: Violation of Community Custody Conditions May Be Enforced While Offender Is Reincarcerated by Washington: Violation of Community Custody Conditions May Be Enforced While Offender Is Reincarcerated The Washington State Supreme Court held that a prisoner who had been released on “community custody,” but who violated his terms of release …
Due Process Required Before Imposition of Sex Offender Parole Conditions by On June 20, 2008, a Texas federal court held that a parolee’s right to receive due process before onerous sex offender conditions were imposed was clearly established in the Fifth Circuit. Ray Curtis Graham, a Texas state parolee, was …
Article • May 15, 2009 • from PLN May, 2009
Ninth Circuit: “Supervised Release” is Not “Imprisonment” by The Ninth Circuit U.S. Court of Appeals has held that with respect to 18 U.S.C. § 3624(e), being on supervised release in a state community pre-release center did not toll a state prisoner’s concurrent federal supervised release. Since the plaintiff had therefore …
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