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Article • May 15, 2007
Drug Patch Discussed by In a motion to revoke a federal probationer's parole, a federal district court in New York gives a detailed discussion on the Pharmchem drug testing sweat patch. The sweat patch is affixed to human skin and absorbs sweat which is later tested for drugs. The court …
Article • May 15, 2007
$100,000 Settlement Recommended For County's Contract Breach by On December 14, 2005, the Los Angeles County Claims Board recommended paying $100,000 to a drug testing firm to settle its breach of contract suit against the county. In September 1995 Los Angeles County entered a 5-year contract with PharmChem to provide …
Article • May 15, 2007
Filed under: Sentencing, Good Time, Probation
California: Knowing Waiver of Conduct Credits at Plea Agreement Controls Upon Later Probation Violations by John E Dannenberg The California Supreme Court held in two companion decisions that when a prisoner enters into a no-prison-time probation deal at sentencing involving a waiver of either pre-sentence or future conduct credits, if …
Article • May 15, 2007
Probation Revoked Despite Lack of Mental Health Treatment by In revoking the defendant's probation, the court said that he should receive psychiatric counseling, and also said it realized that local facilities for that purpose were nonexistent. The defendant now argues that his probation should therefore have been continued. At 302: …
Work Release Prisoners Subject to PLRA Exhaustion Requirement by A plaintiff is a "prisoner" for exhaustion purposes if he was in prison when the complaint was filed. At 750: "We have previously explained that prisoners encounter a uniquely low opportunity cost relative to the typical litigant." The plaintiff, whose claims …
No Absolute Immunity for Parole Officials by The Seventh Circuit Court of Appeals reversed a lower court's dismissal of a suit against several parole officials, finding they were not entitled to absolute immunity. In 1990, Lance Dawson was convicted of Indiana criminal charges and placed on probation for 3 years, …
Article • May 15, 2007
Probation Officers Entitled to Absolute Immunity when Performing Court Function by Probation Officers Entitled to Absolute Immunity When Performing Court Function The court of appeals for the Ninth circuit held that California probation officers preparing reports for use by state courts are entitled to absolute judicial immunity from suit. The …
Article • May 15, 2007
Sweat Patch Drug Test Admissible at BOP Parole Revocation Hearing by The Eighth Circuit Court of Appeals held that laboratory reports may be admitted into evidence at a federal parolee's revocation hearing without accompanying expert testimony. The Missouri parolee's supervised release revocation hearing ensued after he tested positive for cocaine …
Article • May 15, 2007
Probationer Waives Right to Counsel by The Ninth Circuit Court of Appeals determined that a federal probationer could waive his constitutional right to counsel as given by 18 USC § 300A and the U.S. Constitution. This ruling applies to modification hearing as well. It is well established that Federal probationers, …
Article • May 15, 2007
$5,000 Paid in Wrongful WA Probation Warrant and Arrest by Rosalie Hanstad was pulled over by a Washington State trooper for speeding and was subsequently arrested on a probation warrant. She filed suit under 42 U.S.C. § 1983 in state court and a tort complaint for intentional and emotional distress …
Article • May 15, 2007
Time Frame to Re-Apply for California Rehabilitation Certificate Begins on Denial Date by Time Frame to Re-Apply for California Rehabilitation Certificate Begins on Denial Date In a case of first impression, the California Appellate Court held the waiting period to re-apply for a certificate of rehabilitation by ex felons commences …
Article • October 15, 2006 • from PLN October, 2006
Florida Gain Time Revocation Clarified by Florida's First of District Court of Appeal has held that a prisoner serving a split sentence where one of the crimes occurred before the effective date of a statute authorizing forfeiture of gain-time upon revocation of probation prohibits imposing a sanction. Before the Court …
Article • May 15, 2006 • from PLN May, 2006
Nearly 7 Million Under Correctional Supervision In U.S. by Michael Rigby At yearend 2004, nearly 7 million adults were in prison, on parole, or on probation in the U.S.--2.5 million more than in 1990--according to a study by the Bureau of Justice Statistics released on November 2, 2005. Put another …
Article • April 15, 2006 • from PLN April, 2006
California Probationers and Parolees Not Similarly Situated As To Eligibility For Prop. 36 Drug Tr by John Dannenberg California Probationers and Parolees Not Similarly Situated As To Eligibility For Prop. 36 Drug Treatment by John E. Dannenberg The California State Supreme Court held that Equal Protection claims as to parolees …
Article • January 15, 2006 • from PLN January, 2006
Filed under: Sentencing, Parole, Probation
Court Invalidates Mental Health Supervised Release Condition; Condition Impermissibly Delegates Judicial Authority to PO by Court Invalidates Mental Health Supervised Release Condition; Condition Impermissibly Delegates Judicial Authority to PO The Third Circuit Court of Appeals held that a Delaware district court improperly imposed a supervised release condition requiring mental health …
Florida Violates Sex Offenders for Possessing Common Men's Magazines by Florida Violates Sex Offenders for Possessing Common Men's Magazines The State of Florida, in a crackdown on sex offenders, is sending probationers to jail for probation violations because they possessed racy magazines or sex manuals. The crackdown comes from increased …
Article • November 15, 2005 • from PLN November, 2005
SABER's Sexual History Disclosure Requirement Violates Fifth Amendment by The Ninth Circuit Court of Appeals held that the compelled sexual history disclosure required by the Sexual Abuse Behavior Evaluation and Recovery Program (SABER) violates the Fifth Amendment's guarantee against self incrimination. The court also held that a supervised release condition …
Rhode Island Prisoner Awarded $3,900 for False Imprisonment by A Rhode Island jury awarded a prisoner $3,900 for false imprisonment on April 21, 2004. In August 1994, William Ross was incarcerated and held by the Rhode Island Department of Corrections (RIDOC) on a minor larceny charge. During his incarceration, the …
Article • March 15, 2005 • from PLN March, 2005
Filed under: Sentencing, Good Time, Probation
Five Florida Cases Remanded for Award of Jail or Prison Credits by Florida's Second and Fifth District Courts of Appeals have remanded five separate cases for the award of jail or prison credit. Each case was filed under Florida Rules of Criminal Procedure 3.800(a) alleging illegal sentences were imposed for …
Article • March 15, 2005 • from PLN March, 2005
Washington Absconding Does Not Toll LFO Collection Statue by The Washington State Court of Appeals for Division 1 has held that RCW 9.94A.753 affords the state 10 years from a prisoner’s release from total confinement in which to collect Legal Financial Obligations (LFOs) from prisoners. The court also held that …
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