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Article • May 15, 2009 • from PLN May, 2009
Federal Supervised Release Must be Credited for Time Served on Prior Revocations by Federal Supervised Release Must be Credited for Time Served on Prior Revocations The Eleventh Circuit Court of Appeals held that the maximum allowable period of federal supervised release following multiple revocations must be reduced by the aggregate …
Washington DOC Pays $2.2 Million to Settle Inadequate Supervision Claim Resulting in Death by The Washington State Department of Corrections (WDOC) agreed to pay $2.2 million to the family of a man who was brutally beaten by a probationer. The lawsuit claimed WDOC was liable for wrongful death because it …
Article • April 15, 2009
County Pays $500,000 for Negligent Supervision of Probationer by Washington’s Whatcom County has settled a claim that it was negligent in failing to monitor the actions of a probationer for $500,000. The lawsuit was brought by the parents of Michael C. Busby, Jr., 8, who was killed by the probationer. …
Article • April 15, 2009
Ninth Circuit Rejects Total Ban on Computer Use for Sex Offender by On August 11, 2008, the U.S. Court of Appeals for the Ninth Circuit rejected a special condition of supervised release that, read broadly, imposed a total ban on computer use outside work. Robert Ray Burnett Goddard was convicted …
Article • April 15, 2009
Court Reverses Supervision Condition Prohibiting Cohabitation with Anyone Other than Family by On June 16, 2008, the U.S. Court of Appeals for the Fifth Circuit reversed a supervised release condition prohibiting a defendant from living with anyone he was not married to or that was not a blood relative. Alex …
Article • April 15, 2009
Jail Term Imposed for Non-Payment of Fine Upheld in Washington by A Washington appeals court held that the imposition of jail time for the willful non-payment of fines in violation of stipulated probation terms was within the trial court’s authority. On September 1, 2005, Jimmy Young pled guilty to one …
Testimonial Hearsay Ruled Admissible in Florida Probation Revocation Hearings by The Supreme Court of Florida has held that testimonial hearsay is admissible in probation revocation hearings. In July 2003, Robert Sheldon Peters had his community control revoked, received a suspended 24 month prison sentence, and was placed on drug offender …
Indiana Law Requiring Former Prisoners to Consent to Search and Monitoring of Their Computers Held Unconstitutional by Brandon Sample On June 24, 2008, U.S. District Court Judge David Hamilton struck down Section 8(b) of Indiana Public Law 119, which required sex offenders and violent offenders who had completed their sentences …
Texas Parole Officials Caught Lying to Federal Court With Impunity by A Texas federal court has dismissed as moot a parolee’s challenge to parole restrictions which prevented him from having unsupervised contact with his son. During the course of the litigation, parole officials repeatedly misled the court. Gerald Grant, a …
Article • February 15, 2009 • from PLN February, 2009
California Sex Offender’s Probation Travel Restrictions Abated by John Dannenberg by John E. Dannenberg Kenneth Smith was convicted of committing a lewd act on his stepdaughter and sentenced to three years in prison, which was suspended in lieu of five years probation. Upon learning that Los Angeles County had a …
Article • February 15, 2009
California: 1st Degree Occupied Burglary Doesn’t Bar Working in Licensed Community Care Facilities by Convicted felons suffer many civil disabilities, even after discharge from custody and post-release supervision. In California, a person whose criminal past includes a “crime against a person” is precluded from working in a state-licensed community care …
Article • February 15, 2009 • from PLN February, 2009
Denial of Allocution Right on Supervised Release Resentencing Requires Remand by Denial of Allocution Right on Supervised Release Resentencing Requires Remand The Seventh Circuit Court of Appeals has reversed a federal prisoner’s sentence because an Illinois federal district court denied his right to allocution upon revocation of his supervised release …
Article • January 15, 2009
Sex Offender Treatment Parole Condition For Non Sex Offense Convictions Upheld Under Plain Error Standard On Appeal by Bob Williams By Bob Williams The United States Court of Appeals for the Seventh Circuit has held a sentence containing a sex offender assessment and treatment recommendation for a non sex offense …
Article • January 15, 2009
Colorado Federal Probationers' Employer Notification Requirement Not Occupational Restriction Under USSG by Bob Williams By: Bob Williams Colorado federal probationers Ruian Du and Rachel Chavez appealed the denial of their individual requests for a stay of the 2005 application of Colorado's Employment Verification Policy (Policy). They claimed that it constituted …
California Act Requires Three Drug Abuse Violations Before Parole, Probation Revocation by California State prisoner Barry Hazle appealed his probation revocation for drug abuse violations that sent him to prison. His third revocation petition alleged violations occurring prior to his second. The court reversed the incarceration ruling. Hazle pled guilty …
Residence Restriction On Federal Prisoner's Supervised Release Deemed Necessary by Federal Prisoner and American Indian Sheldon Alexander appealed a supervised release condition requiring him to reside in Grand Rapids, Michigan. It was implemented to isolate him from past influences and was ruled necessary to protect the public. Alexander's confessed alcohol …
Article • January 15, 2009
Non Violent Felons' DNA Collection On Supervised Release Held Constitutional by Federal supervised releasee Thomas Kriesel, Jr., appealed the collection of his DNA pursuant to statutory amendments enacted after his conviction. The DNA collection was upheld. Kriesel pled guilty to methamphetamine distribution in 1999 and received 30 months incarceration and …
Use of Questionable “Lie Detectors" by Law Enforcement Expands Nationwide by Matthew Clarke Use of Questionable “Lie Detectors” by Law Enforcement Expands Nationwide by Matt Clarke In the aftermath of the Sept. 11, 2001 terrorist attacks, law enforcement and other government agencies implemented new practices to obtain information from suspects …
Article • July 15, 2008
US Parole Restrictions on Computer Access Reversed by The Ninth Circuit Court of Appeals has vacated portions of a district court’s order of supervised release that it found were unnecessary deprivations. Between December 2002 and mid-January 2003, Thomas Sales used his scanner and printer to make counterfeit $20 bills. Following …
Illinois Prisoner Awarded $34,500 For Delayed Release by On July 20, 1994, a federal district court awarded a former Illinois state prisoner $34,500 in compensatory and punitive damages for the extra time he spent in prison after being granted parole. Plaintiff Timothy Wilson claimed that on January 21, 1990, he …
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