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CCA Admits to Falsified Staffing Records, Violating Contract with Idaho DOC by ON April 11, 2013, the Idaho Department of Correction (IDOC) announced that Corrections Corporation of America, the nation’s largest for-profit prison firm, had acknowledged that employees at the CCA-operated Idaho Correctional Center (ICC) falsified staffing records from at …
Article • May 15, 2013 • from PLN May, 2013
Utah: Private Company Offers to Pick Up Prison Tab by Eric S. Peterson One of the big efforts by the 2013 Utah legislature was authorizing the Prison Relocation and Development Authority to start taking proposals to relocate the Utah State Prison in Draper and unlock the prime real estate underneath …
Article • May 15, 2013 • from PLN May, 2013
Iowa Sex Offender Special Sentence Provisions Interpreted: Time-Served Credit, but Not Earned-Time, Reduces Revocation Term by The Iowa Supreme Court held on May 4, 2012 that earned-time credit for good behavior accelerates the completion of a ten-year special sentence but does not reduce a release revocation term. The Court further …
Article • May 15, 2013 • from PLN May, 2013
Filed under: Sentencing, Parole
California: Parole Placement of Serial Killer’s Accomplice in Remote County Upheld by On March 13, 2012, the California Court of Appeal upheld a decision by the California Department of Corrections and Rehabilitation (CDCR) to place Loren Herzog, a high-profile offender who had been paroled, in a remote county rather than …
Article • May 15, 2013 • from PLN May, 2013
New York Sex Offender Registration Determination is Exception to Article 78 Review by The New York Court of Appeals, the state’s highest court, has held that a determination as to whether a crime committed in another state triggers New York sex offender registration is reviewable in a proceeding to determine …
California: Nine Detainees Charged in Jailhouse Killing; Five Sentenced to Life Terms by In January 2012, an Orange County, California judge sentenced two of nine detainees implicated in the jailhouse killing of a suspected child molester to terms of 15 years to life in prison. Three other detainees also were …
Article • May 15, 2013 • from PLN May, 2013
Sixth Circuit: Disciplinary Conviction Does Not Bar Excessive Force Claim by Christopher Zoukis Prisoners who claim they were assaulted by guards in violation of the Eighth Amendment are not barred from challenging such abuse in court even if they were found guilty of disciplinary charges in connection with the incident, …
Oregon Jail Guard Gets Three Years for Sex with Prisoner by An Oregon jail guard has been sentenced to three years in prison for having a 19-month sexual relationship with a female prisoner. Mark W. Samuels, 54, was employed by the Marion County Sheriff’s Office as a guard at the …
Article • May 15, 2013 • from PLN May, 2013
Filed under: Escapes, News, State Legislation
Oregon: Only Voluntary Surrender Avoids Fugitive Dismissal Rule by In a 4-3 decision, the en banc Oregon Supreme Court held on June 7, 2012 that a defendant’s “surrender” must be voluntary in order to avoid dismissal of a pending appeal under the state’s fugitive dismissal rule. Pursuant to Oregon Rule …
Article • May 15, 2013 • from PLN May, 2013
U.N. Considers Revisions to Standard Minimum Rules for Treatment of Prisoners by Christopher Zoukis The U.N. Commission on Crime Prevention and Criminal Justice held its 22nd session in late April 2013. A significant item on the Commission’s agenda was the development of revised Standard Minimum Rules for the Treatment of …
Article • May 15, 2013 • from PLN May, 2013
Arkansas Prisoner’s Ad-Seg Reviews Held to be Meaningless; Case Remanded to Recalculate Damages by The Eighth Circuit Court of Appeals has upheld an Arkansas federal district court’s finding that state prison officials denied a prisoner meaningful reviews of his placement in administrative segregation, but ordered a recalculation of the lower …
Article • May 15, 2013 • from PLN May, 2013
Filed under: News, News in Brief
News in Brief by Arizona: On December 28, 2012, Safford police officers found state prison guard David Hudson, in uniform, threatening to harm himself while holding a gun near the edge of a bridge. Hudson laid down the gun and surrendered to the officers, and was taken to a medical …
Article • May 15, 2013
9th Circuit Reverses District Court Dismissal of FISA and ECPA Complaints by Derek Gilna In a case by private citizens seeking judicial redress for injuries stemming from the government's interception of domestic telephone and internet communications, the 9th Circuit has reversed a district court dismissal of lead plaintiff Carolyn Jewel's …
Article • May 15, 2013
$95,664 in Attorneys’ Fees Awarded in Texas Public Records Suit by On October 12, 2011, District Judge Caroline Baker ruled that under Texas Government Code §552.323(a) City of Houston was to pay Randall Kallinen and Paul Kubosh for their attorney's fees. Public safety activists Kallinen and Kubosh filed a lawsuit …
Article • May 15, 2013 • from PLN May, 2013
New York: $225,000 Settlement for Prisoner’s Suicide Attempt, Abuse at Rikers Island by In July 2012, the City of New York paid $225,000 to settle a lawsuit that alleged 17 causes of action arising “from a chain of disturbing events” that involved the treatment of a mentally ill prisoner at …
Article • May 15, 2013 • from PLN May, 2013
California District Attorney Sued by Former Colleague by On February 29, 2012, former Contra Costa County prosecutor Paul Sequeira filed a lawsuit in superior court seeking damages from Senior Deputy District Attorney Harold W. Jewett, whom he accused of assault and battery. Two years earlier, the two men (both in …
Article • May 15, 2013 • from PLN May, 2013
Filed under: Sentencing, Parole
California: Lifer Entitled to Credit for Time Served Following Governor’s Erroneous Veto of Parole Grant by Vacating an earlier ruling, on June 29, 2012 the California Court of Appeal, Sixth District, held that while a life-sentenced prisoner is entitled to credit for time served following the governor’s erroneous veto of …
Administrative Remedies “Unavailable” when Prisoner under Threat of Intimidation or Retaliation by The Tenth Circuit Court of Appeals has held “that when a prison official inhibits a prisoner from utilizing an administrative process through threats or intimidation, that process can no longer be said to be ‘available’” under the Prison …
Oregon Parole Board’s Notice-of-Rights Form Violates APA by On June 6, 2012, the Oregon Court of Appeals agreed that a notice-of-rights form (NOR) used by the Oregon Board of Parole and Post-Prison Supervision (Board) constitutes a rule. Since the NOR was not adopted in accordance with the rulemaking procedures of …
Article • May 15, 2013 • from PLN May, 2013
Kentucky DOC May Not Alter Presentencing Custody Credits by The Kentucky Supreme Court has held that the Department of Corrections (DOC) lacks authority to modify a prisoner’s presentencing custody credit calculation. In 1993, Peter Bard was charged with murdering a deputy sheriff, but the charges were dismissed without prejudice when …
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