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Article • May 15, 2013 • from PLN May, 2013
Arkansas Sheriff Took Kickbacks for Card Fees, Class-Action Suit Says by Erik De La Garza An Arkansas Sheriff received kickbacks from a company hired to convert cash seized from county jail prisoners to prepaid debit cards “with numerous exorbitant fees,” a federal class-action lawsuit claims. More than 2,200 people who …
Article • April 15, 2013
Minnesota Supreme Court Halts Confinement Fees for Pre-Conviction Inmates by The Minnesota Supreme Court held in December 2009 that pre-conviction prisoners residing in county jails or similar facilities could not be required to pay costs of confinement. Andrew Tyler Jones stayed 286 days in Olmsted County Jail awaiting resolution of …
Brief • March 25, 2013
Lehr et al v. City of Sacramento, CA, Order, homeless anti-camping rules property seizure, 2013 Case 2:07-cv-01565-MCE-EFB Document 237 Filed 03/25/13 Page 1 of 29 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY LEHR, et al., 12 Plaintiffs, …
Article • March 15, 2013
Washington Prisoner's Judgment Garnished to Pay Conviction Related Expenses by In an unpublished opinion, the State of Washington Court of Appeals affirmed a lower court’s order of garnishment that eradicates a prisoner’s award for violations of the state’s Public Records Act (PRA). Previously, prisoner Alan Parmelee obtained a $19,170 judgment …
Article • March 15, 2013 • from PLN March, 2013
7th Circuit Reaffirms Voluntariness of BOP’s Inmate Financial Responsibility Program by Derek Gilna In a ruling of significance to the approximately 218,000 prisoners in the Bureau of Prisons (BOP), the Seventh Circuit has reaffirmed that a federal prisoner cannot be ordered by his or her sentencing court to participate in …
Tenth Circuit Faults Kansas Prisoners' Representation; Upholds Dismissal of Compulsory Savings Account Challenge by Thanks largely to profoundly incompetent representation, the Tenth Circuit Court of Appeals affirmed the dismissal of a constitutional challenge to compulsory Kansas prison savings account policies. The Kansas Department of Corrections (KDOC) adopted policies requiring that …
Washington Appeals Court Denies Prisoner's Prison Account Funds Suit by The Court of Appeals of the State of Washington has upheld the state superior court's grant of summary judgment in which James A. Boyd had challenged the authority of Washington State to deduct funds from his prison account for an …
Publication • March 1, 2013
Healthcare Copay Report, 2012 - Bureau of Prisons Federal Prisoner Health Care Co payment Act of 2000 Report to Congress Status Report: March 2013 Legislative Summary: On October 12, 2000, the President signed into law the Federal Prisoner Health Care Copayment Act of2000 {P.L. 106-294~ codified at Title 18 U.S.C. …
Article • February 15, 2013 • from PLN February, 2013
Pay-to-Stay Jail Programs Growing by Due in part to stressed government budgets, “pay-to-stay” fees imposed on prisoners in county jails are becoming more prevalent. Two counties, one in Ohio and the other in California, are now collecting incarceration costs from detainees. After Keller Blackburn became prosecutor for Athens County, Ohio, …
Article • February 15, 2013 • from PLN February, 2013
FBI Loses Prisoner’s Property but Sovereign Immunity Foils Recovery by Derek Gilna On May 29, 2012, the Ninth Circuit Court of Appeals barred Galo Alejandro Ordonez from compensation after the FBI and the federal government acknowledged that property that had been previously seized from him and ordered returned was “presumed …
Article • January 15, 2013 • from PLN January, 2013
Massachusetts Prisoners Receive Refunds for Illegal Fees Imposed by Sheriff by A class of prisoners at the Bristol County House of Correction in Massachusetts has received settlement checks from a lawsuit challenging an illegal $5-a-day fee imposed by the sheriff for room-and-board. The checks were mailed out on May 3, …
Article • October 15, 2012 • from PLN October, 2012
Oregon Adopts 5% Prison Trust Fund Account “Service Fee” by Tasked with cutting $28 million from its massive $1.36 billion budget, Oregon prison officials had to look under every couch cushion for loose change. That means they once again turned their focus to prisoners and their loved ones, who present …
Article • July 15, 2012
Washington DOC Can Collect Incarceration Fees Waived by Trial Court by The Washington State Supreme Court has held that the Department of Corrections (DOC) “has independent statutory authority to collect costs of incarceration regardless of the trial court’s waiver of costs of incarceration in the judgment and sentence.” Additionally, it …
Article • May 15, 2012 • from PLN May, 2012
Third Circuit: § 2241 is Proper Vehicle for BOP IFRP Challenges by Mark Wilson Third Circuit: § 2241 is Proper Vehicle for BOP IFRP Challenges by Mark Wilson The Third Circuit Court of Appeals held on December 2, 2010 that a federal habeas corpus petition under 28 U.S.C. § 2241 …
Article • March 15, 2012 • from PLN March, 2012
Idaho Jail Institutes Pay-to-Stay-Out Program by A jail in Canyon County, Idaho has taken the concept of pay-to-stay one step further by charging certain convicted prisoners to stay out of jail. First-time offenders with a non-violent crime who are compliant may have the opportunity to pay up to $15 a …
Article • January 15, 2012 • from PLN January, 2012
Illinois Prison Wages Cannot be Attached to Satisfy Incarceration Costs by David Reutter On June 16, 2011, the Illinois Supreme Court held that prison officials may not seize the wages a prisoner earns to satisfy the cost of incarceration. The Court’s unanimous ruling also vacated a judgment of more than …
Publication • November 18, 2011
Healthcare Copay Report, 2011 - Bureau of Prisons
Article • November 15, 2011 • from PLN November, 2011
Courts Cannot Order Federal Prisoners to Participate in IFRP by A federal criminal defendant cannot be ordered to participate in the Bureau of Prisons’ (BOP) Inmate Financial Responsibility Program (IFRP) as part of his or her sentence, the U.S. Court of Appeals for the Seventh Circuit held on June 11, …
Article • November 15, 2011
Washington: Financial Obligations to Crime Victims’ Compensation Account Persist Through Incarceration by The Court of Appeals of the State of Washington has affirmed a trial court’s order denying a prisoner’s motion to determine legal financial obligations (LFOs) imposed as part of his sentence. Sherman Pulley was sentenced in 1995 to …
Article • November 15, 2011
Summary Judgment Denied in Challenge to Booking Fee Program by Brandon Sample By Brandon Sample U.S. District Judge Robert J. Bryan denied a summary judgment motion filed by the City of Fife, Washington in a challenge it its booking fee program. Rafael Gonzalez was arrested for soliciting a prostitute. At …
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