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Article • January 15, 2010 • from PLN January, 2010
Shortcomings Cited at Virginia’s Civil Commitment Facility by Matthew Clarke by Matt Clarke The almost two-year-old, $62-million maximum-security Virginia Center for Behavioral Rehabilitation (VCBR) is still having start-up problems. Located in rural Nottoway County on 28 acres and opened in February 2008, VCBR is unable to retain staff and offers …
U.S. DOJ Calls Houston Jail Unconstitutional, Prisoner Death Rate Alarming by Gary Hunter As a follow-up to PLN’s October 2009 cover story, this article examines in greater detail findings by the U.S. Department of Justice (DOJ) related to conditions at the Harris County jail in Houston, Texas. From 2001 through …
$125,000 Settlement in Suicide Death Of New York Jail Prisoner by On April 29, 2009, Onondaga County, New York agreed to settle a lawsuit filed by the family of a prisoner who committed suicide at the Onondaga County Justice Center (OCJC) for $125,000. On October 7, 2006, William O’Neil hung …
Colorado Detainee Tasered During Seizure, Paid $116,731.73 and $83,268.27 in Fees by A Colorado detainee settled his medical neglect and excessive force suit within four months of filing for $116,731.73 in damages and $83,268.27 in attorney’s fees. On July 26, 2006, Michael R. Martin was booked into Colorado’s Adams County …
Article • January 15, 2010 • from PLN January, 2010
Iowa Supreme Court: Retroactive Good Conduct Time Denial is Unconstitutional, Depending on Date of Conviction by Matthew Clarke by Matt Clarke On January 23, 2009, the Iowa Supreme Court held that state law amendments enacted in 2001 and 2005, which required that certain prisoners must participate in rehabilitative programs to …
New York Politicians Want to Re-Evaluate Civil Confinement Release Law by Matthew Clarke by Matt Clarke Two years ago New York enacted the Sex Offender Management and Treatment Act, which lets a jury release a civilly-committed sex offender from confinement if the state fails to provide sufficient evidence of a …
Oneida County, NY Jail Suicide Litigation Settled for $225,000 by In May 2008 the County of Oneida agreed to pay $100,000, and CNY Services agreed to pay $125,000, in settlement of a wrongful death claim brought by the parents of a 17-year-old detainee who committed suicide in the Oneida County …
Washington Supreme Court Upholds Denial of Parole for Sex Offender Who Refuses to Admit Guilt by In a 5-4 decision, the Supreme Court of Washington state, sitting en banc, upheld the denial of parole for an untreated sex offender. Richard J. Dyer was convicted of abducting and repeatedly raping two …
Indeterminate Civil Commitment Provisions Do Not Apply Retroactively by The Court of Appeal of California, Sixth Appellate District, has reversed and remanded with instructions to dismiss a Sexually Violent Predator (SVP) certification. Joseph Johnson, Jr., was convicted of rape and sentenced to 33 years in prison in 1980. In 2000, …
Article • January 15, 2010 • from PLN January, 2010
BOP Fails To Meet Drug Treatment Goals; Lack of Funding Blamed by According to the Bureau of Prisons’ (BOP) annual report to Congress on substance abuse treatment programs, the BOP will once again fail to provide residential drug treatment services to 100 percent of eligible prisoners. With the BOP’s population …
Article • January 15, 2010
Nebraska Supreme Court Upholds Civil Commitment Law by The Nebraska Sex Offender Commitment Act (SOCA) does not run afoul of either the Nebraska or United States Constitutions, the Nebraska Supreme Court decided March 13, 2009. J.R. was convicted of first degree sexual assault of a child. Prior to his release …
Remitter Granted In Malicious Prosecution Action; Court Denies Request for State to Indemnify Defendant by A remitter has been ordered in a 42 U.S.C. § 1983 action brought by a psychologist formerly employed by the New York State Office of Mental Retardation and Developmental Disabilities (DMRDD) after the psychologist was …
Article • January 15, 2010
Time Spent In Drug Treatment While On Probation Not Creditable Toward Sentence by Time spent in an inpatient drug treatment program while on probation cannot be credited toward service of an underlying sentence, the Supreme Court of Kansas decided November 7, 2008. Marsha Preston pled guilty to cocaine possession, and …
$26,000 Settlement for Public Records Violations by Washington Jail by Washington state’s Kitsap County Jail paid $26,000 to settle an Americans with Disabilities Act (ADA) claim that resulted in “catastrophic injuries” to a prisoner. The claim also asserted violations of Washington’s public records law. The claim was filed on behalf …
Experts Designated and Defendants Ordered to Give Plaintiffs' Attorneys Access to Jails and Records in Maricopa County Jail Medical Suit by On January 28, 2009, a Phoenix federal judge appointed experts to evaluate medical and mental health care in the Maricopa County, Arizona jails, and assist in developing a remedial …
Article • December 15, 2009
Washington State Community Custody Term Must Be Served in Community by Division Two of the Washington State Court of Appeals has held that a sex offender who served an excessive sentence is not entitled to credit for the illegal time served toward his community custody term. Cliff Alan Jones pled …
California Pretrial Detainees Who Are Mentally Incompetent to Stand Trial Responsible for Treatment Costs by California’s Fifth District Court of Appeals has held “there is no equal-protection violation in the legislative determination that estates of individuals committed to state hospitals pursuant to Penal Code section 1368 as pretrial detainees may …
Article • December 15, 2009 • from PLN December, 2009
Mental Illness Prevalent Among County Jail Prisoners, Especially Women by Gary Hunter A random sampling of 2,000 prisoners in five county jails found that, on average, nearly 15 percent of male prisoners and 31 percent of female prisoners suffer from serious mental illness. The study was headed by Dr. Henry …
Article • December 15, 2009
Out of State Detainer Does not Prevent Civil Commitment of Sex Offender Scheduled for Release by In an opinion filed June 23, 2009, the Ninth Circuit affirmed a lower court's conclusion to allow the civil commitment of a prisoner in Washington who was about to be released to a detainer …
Article • December 15, 2009
Prisoner Wrongful Death Suicide claim Dismissed as Untimely by In a decision filed on June 9, 2009, the West Virginia Supreme Court affirmed a circuit court's dismissal of a wrongful death claim filed by the estate of a prisoner who allegedly killed himself at a local jail because the case …
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