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Article • August 15, 1998 • from PLN August, 1998
Bureau of Prisons Estopped from Denying Sentence Reduction by A federal district court in Colorado granted a habeas corpus petition reducing a federal prisoner's sentence by one year for successfully completing a drug treatment program. The court held the BOP was estopped from denying the sentence reduction having initially granted …
Article • July 15, 1998 • from PLN July, 1998
8th Circuit Orders BOP Sentence Reductions by Joining the third and ninth circuits, the eighth circuit court of appeals held that a BOP program statement denying sentence reductions to non violent drug offenders was contrary to the purpose of 18 U.S.C. § 3621(e)(2)(B), an early release statute which allows a …
BOP Sentence Reductions Cannot Be Denied Based Upon Firearm Enhancements by The court of appeals for the third circuit held that the Federal Bureau of Prisons (BOP) cannot use a firearm enhancement under the Sentencing Guidelines, by itself, as the basis for declaring a prisoner ineligible for a statutorily authorized …
BOP Exceeds Statutory Authority in Denying Sentence Reduction by Afederal district court in the District of Columbia held that the Bureau of Prisons (BOP) had exceeded its statutory authority by defining "violent" offenses to preclude a sentence reduction for convictions the courts have consistently defined as "non-violent." In 1994 congress …
AA Still Violates the Establishment Clause by A federal district court in New York reaffirmed its earlier decision holding that a condition of probation requiring an atheist to attend Alcoholics Anonymous meetings violates the establishment clause of the First Amendment. A nominal damage award of $1 was reinstated. This case …
Article • November 15, 1997 • from PLN November, 1997
BOP Sentence Reductions Cannot Be Denied Retroactively by The court of appeals for the ninth circuit held that a Bureau of Prisons (BOP) policy which created a new definition of "non-violent" offense could not be applied retroactively to deny a one-year sentence reduction to prisoners who had successfully completed a …
New York AA Program Violates Establishment Clause by The court of appeals of New York (the highest state court) held that the establishment clause of the U.S. constitution is violated when an atheist prisoner was deprived of family visits for refusing to participate in a religious oriented Alcohol and Substance …
AA Probation Requirement Violates Establishment Clause by The court of appeals for the second circuit affirmed a lower court ruling that a probation condition requiring an atheist probationer to attend Alcoholics Anonymous (AA) meetings violated the establishment clause of the first amendment. In the July, 1995, issue of PLN we …
Prison NA Meetings Violate Establishment Clause by The court of appeals for the seventh circuit held that a prisoner's forced attendance at a religion based substance abuse counseling program violates the establishment clause of the first amendment. James Kerr is a Wisconsin state prisoner in a minimum security prison. Prison …
Article • May 15, 1997 • from PLN May, 1997
Ninth Circuit Affirms BOP Sentence Reductions by The court of appeals for the ninth circuit affirmed a district court granting of habeas relief to a federal prisoner who had been denied a one year sentence reduction after completing a drug treatment program. This also implicates two other district court cases …
AA Probation Requirement Illegal for Atheist by In the May, 1994, issue of PLN we reported Warner v. Orange County Dept. of Probation, 827 F. Supp. 261 (SD NY 1993) which refused to dismiss a probationers claim that being forced to attend Alcoholics Anonymous (AA) meetings as a condition of …
Rikers Island Detainees in Struggle by Rikers Island is the largest penal colony in the world, holding more than 19,000 prisoners on a 410 acre island. Most of them are New York City pretrial detainees not convicted of any crime. The number of detainees is expected to increase to as …
Prison Alcohol Program May Violate Free Speech by The Iowa Civil Liberties Union (ICLU) and prisoners at the Clarinda Correctional Facility (CCF) filed suit under § 1983 challenging the DOC's expenditure of taxpayer funds on an alcohol rehabilitation program called "The Other Way." According to the complaint, this program has …
Atheist Challenges AA Probation Requirement by Robert Warner was convicted of drunk driving in New York state and sentenced to three years probation. One of the probation conditions was that he attend meetings of Alcoholics Anonymous (AA). Warner is an atheist and objects to compulsory attendance of AA meetings because …
Article • March 15, 1994 • from PLN March, 1994
Court Rules Suit Waiver is Not Enforceable by This case involves release-dismissal agreements where a party will agree not to sue a government agency or official and the agency in turn agrees to either drop or reduce charges against the person. In many cases prison officials will have prisoners agree …
Article • July 15, 1993 • from PLN July, 1993
Racism and Treatment by Terrence Hazel by Terrance Hazel The Texas Department of Criminal Justice's (TDCJ) present method of administering Substance Abuse Treatment Programs (SATP) discriminate against Black and Hispanic inmates. Black and Hispanic prisoners are: 71 percent of inmate population (35,000+) 80 percent of that 71 percent have serious …
Article • June 15, 1993 • from PLN June, 1993
Initiative 595: Regulated Tolerance by The citizens of Washington state will have a chance to make real progress in the area of drug law reform if the Washington Citizen's for Drug Policy Reform (WCDPR) is successful in getting Initiative 595 on the state General Election ballot this fall. It will …
Article • February 15, 1993 • from PLN February, 1993
Criminal Justice Statistics by Ed Mead By Ed Mead You must have done something terribly wrong in a previous life (or maybe it was this one?), as I am now going to stick you with the task of reading a bunch of the government's criminal justice statistics. What I have …
Article • April 15, 1991 • from PLN April, 1991
Panel Blasts BJA for Ending Drug Treatment Projects by Panel Blasts BJA For Ending Drug Treatment Projects A House committee has issued a report alleging that the Bureau of Justice Assistance (BJA), which manages the $492-million drug enforcement grants program, discontinued funding of drug treatment in prisons and jails, and …
Article • March 15, 1991 • from PLN March, 1991
Treatment Effective Against Drug Use by As the debate wages over the best way to rid the country of drugs, a government report said research shows drug treatment has proven effective against repeated use and drug-related crime. The government's triennial report to Congress, Drug Abuse and Drug Abuse Research, released …
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