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Assessment of Prison Account Without Seizure of Funds Implicates Due Process in Third Circuit by Mark Wilson In an important case of first impression, the U.S. Court of Appeals for the Third Circuit held that an assessment of a prisoner’s trust account without an actual seizure of funds implicates a …
Article • February 15, 2010 • from PLN February, 2010
California Parents and Guardians Assessed Fees to Offset Juvenile Detention Costs by Michael Brodheim On February 13, 2009, following an investigation by the Los Angeles Times, the L.A. County Probation Department suspended its practice of billing parents and legal guardians for each day their children spent in juvenile detention. The …
Article • February 15, 2010 • from PLN February, 2010
Judge Enjoins Collection of Cost of Incarceration Fees From Federal Prisoner in Washington State Prison by On February 25, 2008, Judge William Thomas McPhee of the Thurston County Superior Court entered an injunction prohibiting the Washington Department of Corrections (DOC) from withholding cost of incarceration and crime victim compensation from …
California Pretrial Detainees Who Are Mentally Incompetent to Stand Trial Responsible for Treatment Costs by California’s Fifth District Court of Appeals has held “there is no equal-protection violation in the legislative determination that estates of individuals committed to state hospitals pursuant to Penal Code section 1368 as pretrial detainees may …
Article • December 15, 2009
Costs of Incarceration Assessed Upon Minnesota Detainees by Minnesota’s Court of Appeals has held that under Minn. Stat. § 641.12 subd. 3(a)(2008), a county may require a convicted offender to pay costs of confinement in a county jail that accrued before the offender was convicted. The statute provides, “A county …
Article • September 15, 2009
$3,600 Returned Following Dismissal of Forgery Charge by Washington’s King County Jail has returned $3,600 to a man arrested and charged with forgery on July 2, 1999. The money was confiscated upon arrest. The charges against Ervin B. Harvey were subsequently dismissed. King County settled Harvey’s April 14, 2004 claim …
Article • July 15, 2009 • from PLN July, 2009
Ohio Limits Electronic Monitoring to Only Those Who Can Pay by If you’re convicted in Ohio and can afford to pay, you may be able to obtain release on electronic monitoring. If not, you can serve your time in the Corrections Center of Northwest Ohio (CCNO). That is the new …
Article • June 15, 2009 • from PLN June, 2009
Missouri Court Reverses $244,636 Incarceration Cost Award Against Prisoner by Mark Wilson Missouri Court Reverses $244,636 Incarceration Cost Award Against Prisoner by Mark Wilson The Missouri Court of Appeals has concluded that a factual dispute as to whether the state had “good cause” to seek reimbursement of incarceration costs barred …
Florida Judge Criticizes State’s Efforts to Seize Prisoner’s Federal Civil Rights Judgment by David Reutter Florida Judge Criticizes State’s Efforts to Seize Prisoner’s Federal Civil Rights Judgment by David M. Reutter In a concurring opinion that affirmed the imposition of a “civil restitution” lien of $50 per day for a …
Article • May 15, 2009 • from PLN May, 2009
Hawai’i Supreme Court Holds Takings Clause Requires Payment of Interest on Prisoner Trust Accounts by David Reutter Hawai’i Supreme Court Holds Takings Clause Requires Payment of Interest on Prisoner Trust Accounts by David M. Reutter The Hawai’i Supreme Court has held that prison officials have no statutory authority to divide …
Article • May 15, 2009 • from PLN May, 2009
California Prisoner-Pay Deductions for Aiding Crime Victims Distributed to Victim Organizations by California Prisoner-Pay Deductions for Aiding Crime Victims Distributed to Victim Organizations In December 2008, the California Department of Corrections and Rehabilitation’s (CDCR) Prison Industry Authority distributed $131,343 collected from prisoner workers’ pay to twelve crime victims organizations. The …
Article • April 15, 2009 • from PLN April, 2009
California Class-Action Suit Reinstates $1.5 Million Illegally Siphoned From County Jail Inmate Welfare Fund by John Dannenberg California Class-Action Suit Reinstates $1.5 Million Illegally Siphoned From County Jail Inmate Welfare Fund by John E. Dannenberg Santa Clara County, California (SCC) agreed to settle a class-action lawsuit seeking recovery of funds …
Federal Prisoner Pays $150 filing Fee; Settles $303.10 Suit For $260 by Illinois federal prisoner Marcus Millender brought a federal tort action against the United States in 2000 after prison personnel allowed the fraudulent use of his commissary card, placed him in segregation and transferred him to another prison. The …
Article • February 15, 2009 • from PLN February, 2009
Kentucky Jails’ Seizure of Funds for Booking, Room and Board Fees Upheld by Kentucky Jails’ Seizure of Funds for Booking, Room and Board Fees Upheld The Sixth Circuit Court of Appeals has held that the seizure of jail prisoners’ canteen funds for booking and room and board fees does not …
Article • February 15, 2009 • from PLN February, 2009
Washington Prisoner Suit for “Prevailing Wages” from Private Employer Fails by John Dannenberg Washington Prisoner Suit for “Prevailing Wages” from Private Employer Fails by John E. Dannenberg The Washington state Court of Appeals has affirmed a superior court’s denial of a “prevailing wage” claim filed by state prisoners employed by …
Article • December 15, 2008 • from PLN December, 2008
Legal Financial Obligation Deductions Imposed on All Washington Prisoners by In a 5-4 ruling, the Supreme Court for the State of Washington has held that the Washington Department of Corrections (WDOC) has authority to collect court-ordered legal financial obligations (LFOs) from all prisoners, regardless of sentence, from non-work related income. …
Article • October 15, 2008 • from PLN October, 2008
WA Prisoner Properly Denied Access to Savings Account to Hire Lawyer for Parolability Hearing by WA Prisoner Properly Denied Access to Savings Account to Hire Lawyer for Parolability Hearing by Roger Smith Division 2 of the Washington Court of Appeals has upheld a denial by the state Department of Corrections …
Challenge to Nebraska Work Release Fees Dismissed by The plaintiff was placed on work release; he was required to sign a statement acknowledging that room and board would be deducted from his inmate account, and $2,790 was removed from his account. Due process was not denied. The program was voluntary, …
Article • August 15, 2008
Ninth Circuit Upholds BOP IFRP Program by The federal prisons' Inmate Financial Responsibility Program, which provides for development of a plan for inmates to pay obligations such as court-ordered assessments, restitution, and fines, with deprivation of privileges and preferred housing as a sanction for noncompliance, does not improperly intrude on …
Article • August 15, 2008
IFRP Not an Improper Delegation of Judicial Authority to BOP by The Bureau of Prisons did not usurp a judicial function by imposing a schedule governing the plaintiff's payment of the criminal fine imposed as part of his sentence. The court did not delegate its function to the Bureau; it …
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