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Effective Counsel Required in Kansas Civil Commitment Proceedings by The Kansas Supreme Court has held that prisoners facing civil commitment under the Kansas Sexually Violent Predators Act (KSVPA) have a due process right to effective assistance of counsel. The Court also held that ineffective assistance of counsel claims may be …
Article • October 15, 2013 • from PLN October, 2013
CDCR to Block Contraband Cell Phone Signals at all Facilities by The California Department of Corrections and Rehabilitation (CDCR) has awarded a six-year system-wide telephone contract to Global Tel*Link (GTL), which requires the company to install equipment capable of blocking signals from contraband cell phones at the state’s 33 adult …
Article • October 15, 2013 • from PLN October, 2013
Filed under: Sentencing, Good Time
California: Court May Not Award Increased Presentence Conduct Credits to Categorically Disqualified Prisoners by On July 19, 2012, the California Supreme Court held that a trial court’s discretionary power to dismiss a criminal action “in furtherance of justice” pursuant to Penal Code Section 1385 did not extend so far that …
Article • October 15, 2013 • from PLN October, 2013
D.C. District Court Reaffirms Access to Counsel for Guantanamo Detainees by Derek Gilna In a September 6, 2012 memorandum opinion, the U.S. District Court for the District of Columbia once again asserted an “obligation to assure that those seeking to challenge their Executive detention by petitioning for habeas relief have …
Article • October 15, 2013 • from PLN October, 2013
Massachusetts: Overcrowding Forces Changes in Correctional Facilities by David Reutter by David M. Reutter Prisons and jails in Massachusetts have a problem: Almost every correctional facility in the state is operating above its capacity. Budget cuts have compounded the overcrowding problem because there is no money for new construction or …
Article • October 15, 2013 • from PLN October, 2013
Declining Prison Populations Leave Towns with Empty Jails, Debt by David Reutter by David M. Reutter Several Texas towns are bemoaning their bad business decision to enter into the for-profit incarceration industry as the bottom began dropping out of that market 5 or 6 years ago. Over a two-decade boom …
Article • October 15, 2013 • from PLN October, 2013
Private Detention Facility Forced into Bankruptcy, Sold at Auction by The Irwin County Detention Center (ICDC) in Ocilla, Georgia has been sold at auction after the facility’s owner, Municipal Corrections LLC, was forced into bankruptcy court by bondholders. A 2007 agreement between Irwin County and Municipal Corrections demonstrates the risks …
Article • October 15, 2013 • from PLN October, 2013
PLN Files Federal Lawsuit Over Censorship at Virginia Jail by On July 30, 2013, Prison Legal News filed a lawsuit in federal court against Virginia Beach Sheriff Kenneth Stolle and other sheriff’s office officials due to the censorship of books, magazines and correspondence mailed to prisoners at the Virginia Beach …
Article • October 15, 2013 • from PLN October, 2013
Brain Imaging Research Conducted on Prisoners by Greg Dober Prisoners might not be able to obtain aspirin for their headaches or insulin for their diabetes while incarcerated, but if researchers get their way, an MRI for brain imaging may be free of charge. That is no cause for celebration, though, …
Article • October 15, 2013 • from PLN October, 2013
Death Row Prisoners in Two States File Suit over Hip Replacements by David Reutter by David M. Reutter The fact that prisoners have a constitutional right to adequate medical care under the Eighth Amendment has long been established. Since the U.S. Supreme Court made that pronouncement in Estelle v. Gamble, …
Article • October 15, 2013 • from PLN October, 2013
Filed under: Civil Procedure, Defenses
Third Circuit Finds Just Cause or Excuse Defense Not Applicable in Prison Assault Case by Derek Gilna Aaron Taylor, incarcerated at the Federal Detention Center (FDC) in Philadelphia, was charged with assault with a dangerous weapon under 18 U.S.C. § 113(a)(3) and assault resulting in serious bodily injury under § …
Article • October 15, 2013 • from PLN October, 2013
Special Sex Offender Release Conditions Vacated by Tenth Circuit by Derek Gilna When Ronald D. Dougan pleaded guilty in January 2011 to robbing an Oklahoma City, Oklahoma post office of $220, he likely did not anticipate the unforeseen consequences that would result due to his previous 1978 conviction for sexual …
Hunger Striking Illinois Jail Prisoner Dies by Matthew Clarke by Matt Clarke Against the backdrop of the recent hunger strike involving thousands of prisoners in California, the death last year of an Illinois jail prisoner who died after refusing to eat or drink is especially poignant. Lyvita Gomes, 52, died …
Article • October 15, 2013 • from PLN October, 2013
Former Federal Prisoner Claims to be Most Litigious Person by Jonathan Lee Riches, 36, bills himself as the most litigious person alive. He’s claimed that the Guinness Book of World Records wanted to list him as having filed the most lawsuits; he sued Guinness in response, arguing that they had …
Article • October 15, 2013 • from PLN October, 2013
Filed under: Work, Prison Labor
Texas Prison Burials Surprisingly Well Done by If a Texas state prisoner dies or is executed, relatives or friends can pick up the body. If they don’t, he or she is buried in the largest prison graveyard in the United States – the Captain Joe Byrd Cemetery in Huntsville, Texas. …
IFRP Payment Schedule May Not be Delegated to BOP by Sentencing Judge by Derek Gilna The U.S. Court of Appeals for the Ninth Circuit has held that “where the sentencing court has failed to consider whether the defendant has the financial resources to pay restitution immediately, ordering immediate payment impermissibly …
Article • October 15, 2013 • from PLN October, 2013
Georgia: Civil Rights Law Firm Demands Return of Fines Illegally Collected by State Court Judge by Ryan Primerano On August 8, 2013, the Southern Center for Human Rights sent a letter to the governing authority for Grady County, Georgia, demanding the return of illegal “administrative costs” charged to criminal defendants …
Article • October 15, 2013 • from PLN October, 2013
Ninth Circuit Reverses Dismissal of Nevada Prisoner’s First Amendment Retaliation Claims by The Ninth Circuit Court of Appeals resurrected the majority of a prisoner’s lawsuit raising First Amendment retaliation claims after the case had been dismissed by the district court. The suit then settled following remand. Raymond Watison, serving a …
Eighth Circuit Denies Civilly Confined Minnesota Patients 1983 Action by Derek Gilna Civilly-committed patients in the Minnesota Sex Offender Program (MSOP) filed suit under 42 U.S.C. § 1983 against Minnesota Department of Human Services (DHS) and Minnesota Department of Corrections (DOC) officials, alleging that various conditions of their confinement were …
Article • October 15, 2013 • from PLN October, 2013
Former Georgia DOC Official Charged for Embezzling Public Funds by Christopher Zoukis A former deputy director of operations for the Georgia Department of Corrections has been indicted on 35 counts of identity fraud, after admitting he used his state purchasing privileges to buy electronic items and make other unauthorized purchases …
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