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California: Parole Agents Saw and Spoke to Kidnap Victim, Yet Failed to Identify or Rescue Her by While providing a legal analysis of claims against the California Department of Corrections and Rehabilitation (CDCR), a June 25, 2010 letter from the California Department of Justice noted that Jaycee Lee Dugard – …
Civilly Committing Sex Offenders Strains Some States’ Budgets by Matthew Clarke by Matt Clarke The twenty states that have civil commitment programs will spend close to a half-billion dollars in 2010 to incarcerate and provide treatment for some 5,200 civilly-committed sex offenders. The per-offender cost for civil commitment is much …
Article • January 15, 2011 • from PLN January, 2011
Political Patronage Scandal Rocks Massachusetts Probation Department by Derek Gilna A May 2010 investigative report in the Boston Globe took the Massachusetts Probation Department to task for bypassing qualified candidates for available job positions, instead employing at least 250 friends, relatives and financial backers of politicians and top court officials. …
Article • January 15, 2011 • from PLN January, 2011
Massachusetts: Court Lifts Stay of Discovery in Challenge to Treatment of Mentally Ill Prisoners by David Reutter by David M. Reutter The Disability Law Center, Inc. (DLC) has obtained an order lifting a stay of discovery in its suit against the Massachusetts Department of Correction (MDOC). As previously reported in …
Article • January 15, 2011 • from PLN January, 2011
Federal Restitution Law Failing Crime Victims by Michael Rigby by Mike Rigby A federal law meant to ensure that victims of violence, fraud and other property crimes are compensated for financial loss does not work as intended. According to the Mandatory Victims Restitution Act (MVRA) passed by Congress in 1996, …
Article • January 15, 2011 • from PLN January, 2011
Mississippi Supreme Court Holds Substance, Not Label, of Prisoner Petitions Governs by Mississippi courts must construe prisoner filings based on their substance, and not how they are labeled, the Supreme Court of Mississippi decided. Dennis Dobbs, a Mississippi state prisoner, filed a “Petition for an Order to Show Cause” with …
Article • January 15, 2011 • from PLN January, 2011
North Carolina Prison Censorship Class Action Suit Settled by A settlement has been reached in a class action lawsuit that challenged the way the North Carolina Department of Corrections (NCDOC) administers its policies related to the receipt of books and magazines by prisoners. The suit sought to enforce the First …
Georgia Prisoners Strike for Wages, Better Medical Care and Food by by Naomi Spencer Prisoners at seven Georgia state prisons called a strike on December 9, 2010 to protest against unpaid labor practices, poor conditions and violations of basic human rights. Thousands of prisoners participated in the protest by refusing …
Article • January 15, 2011 • from PLN January, 2011
Oregon Prisoner Holds Counselor Hostage, Gets New 68-Month Sentence by On May 11, 2010, an Oregon state prisoner was convicted of kidnapping and sentenced to an additional 68 months for holding a prison counselor hostage. John Anthony Brown, 42, was confined at the Coffee Creek Correctional Facility (CCCF), the Oregon …
Article • January 15, 2011 • from PLN January, 2011
California: Confiscation of Prisoner’s Mail May Violate First Amendment by In a First Amendment case alleging improper confiscation of a state prisoner’s incoming and outgoing mail, U.S. District Court Judge Susan Illston denied a motion for summary judgment filed by prison officials. In 2007, Marcus Harrison, a validated member of …
Article • January 15, 2011 • from PLN January, 2011
California: Harsh Sentencing Laws and Health Care Costs Strain Corrections Budget by In May 2010, responding to a legislative request for information related to the impact of correctional operations on California’s budget, State Auditor Elaine Howle submitted a report subtitled “Inmates Sentenced Under the Three Strikes Law and a Small …
Article • January 15, 2011 • from PLN January, 2011
Budget Deficits Lead to Fewer Supermax Beds by Mark Wilson Throughout the 1990s, “Supermax” prisons and control units – commonly called Security Housing Units (SHUs) or Intensive Management Units (IMUs) – sprang up across the nation. Between 1995 and 2000 the general prison population increased by 28 percent, but according …
Article • January 15, 2011 • from PLN January, 2011
Released Prisoners Need Not Exhaust Grievance Remedies Before Filing Suit by The Ninth Circuit has held that former prisoners need not exhaust administrative remedies before filing suit pursuant to 42 U.S.C. § 1983 to challenge the conditions under which they were once confined. In so ruling, the Ninth Circuit joins …
Article • January 15, 2011 • from PLN January, 2011
California: Validity of Parole Board’s Psych Evaluation Procedures for Lifers Questioned by Michael Brodheim The process by which California’s Board of Parole Hearings (BPH) administers psychological evaluations to parole-eligible prisoners serving life sentences has been questioned by the state Senate and also was the subject of a recent ruling by …
Fourth Circuit Vacates Pornography Restriction on Federal Defendant by The U.S. Court of Appeals for the Fourth Circuit has vacated a set of supervised release conditions that prohibited a defendant from possessing pornography, entering places where pornography could be obtained, having contact with children and requiring that the defendant undergo …
Article • January 15, 2011 • from PLN January, 2011
Connecticut Restricts Prisoners’ FOIA Requests by David Reutter by David M. Reutter Last year, Connecticut enacted an exemption to the state’s Freedom of Information Act (FOIA) that prevents disclosure of certain records requested by “any individual committed to the custody or supervision of the Commissioner of Correction or confined in …
Article • January 15, 2011 • from PLN January, 2011
Indiana DOC Hires Convicted Former Legislator for Re-Entry Job by A former Indiana democratic state representative convicted of impersonating a public servant was hired by the Indiana Department of Corrections to run its re-entry program at the Branchville Correctional Facility. In June 2009, Dennie Oxley II attempted to avoid arrest …
Article • January 15, 2011 • from PLN January, 2011
Seventh Circuit Holds No Public Interest Requirement in Prisoner’s First Amendment Retaliation Suit for Providing Affidavit to Help Dead Prisoner’s Family by The Seventh Circuit Court of Appeals held that a prisoner who alleges retaliation for free speech is not required to show that the speech engaged in concerned a …
Article • January 15, 2011 • from PLN January, 2011
Filed under: Sentencing, Good Time
California Supreme Court Clarifies Application of Presentence Good-Conduct Credit Statute by In an opinion of technical value, but little if any benefit to anyone (including the defendant in the case), the California Supreme Court held that a defendant need spend only four days in presentence confinement -- not six days, …
Article • January 15, 2011 • from PLN January, 2011
Filed under: Work, Prison Industries
Federal Prisoners Making Solar Cells by Spire Corp., a solar cell manufacturer, has inked a deal worth approximately $55 million with UNICOR, the prison labor arm of the Bureau of Prisons (BOP), to establish a solar module manufacturing program at the Federal Correctional Institution (FCI) in Otisville, New York. Under …
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