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Article • April 15, 2008 • from PLN April, 2008
Michigan Counties Unsuccessful at Collecting Costs of Jail Imprisonment by Matthew Clarke by Matt Clarke On September 12, 2007, the Lenawee County Commission became embroiled in a debate over how to collect $6.3 million in outstanding ?room and board? fees from former jail prisoners that had accrued over the past …
Article • April 15, 2008 • from PLN April, 2008
California’s Compassionate Release Law Expanded to Include the Medically Incapacitated by California's Compassionate Release Law Expanded to Include the Medically Incapacitated California's compassionate release law, which already provided that prisoners who were physician-certified to have less than six months to live may apply for recall of sentence and release, was …
Article • April 15, 2008 • from PLN April, 2008
Wrongful Death Following Alleged Mistaken Washington Jail Release Settles For $1,800,000 by On September 6, 2007, the City of Algona and King County, Washington, agreed to pay $1,800,000 to the estate of a man killed by a hit and run driver who was, according to the lawsuit, mistakenly released from …
Making the Bad Guy Pay: The Growing Use of Cost Shifting as an Economic Sanction by Kirsten D. Levingston by Kirsten D. Levingston1 "At some point, we have to be able to say to people who have been incarcerated, and served time on probation or parole upon release, you have …
Article • March 15, 2008 • from PLN March, 2008
Ohio Man Paid $1.5 Million for 26 Years' Wrongful Imprisonment by In April 2007, an Ohio jury awarded $1.5 million to Plaintiff Gary James, who spent 26 years in prison for a robbery and murder he didn't commit. James, now 54, and his friend, Timothy Howard, were arrested in 1976 …
Article • February 15, 2008 • from PLN February, 2008
Overdetention: When Completing a Prison Sentence Just Isn’t Enough by David Reutter Overdetention: When Completing a Prison Sentence Just Isn't Enough by David M. Reutter One of the most basic functions of a prison system is releasing prisoners when their sentences expire. In April 2007, the Massachusetts Department of Correction …
Scandal Rocks Texas Youth Commission; Youths Molested by School Supervisors by Gary Hunter During the 2006 elections, Texas Attorney General Greg Abbott ran television ads touting the capture of the state's 500th Internet child predator. Shortly after elected lawmakers convened in 2007 they went to work on a bill that …
Article • February 15, 2008
Cumulative Tightening of Michigan Lifers' Parole Eligibility Rules Held Ex Post Facto by John Dannenberg by John R. Dannenberg The U.S. District Court for the Eastern District of Michigan, Southern Division, has held that a decade of cumulative changes to parole eligibility regulations for Michigan's life-sentenced prisoners violated the U.S. …
Article • February 15, 2008 • from PLN February, 2008
Filed under: Classification, Good Time
WA Prisoners Entitled to Minimal Due Process Before Risk Level Demotion by Division 1 of the Washington Court of Appeals has ruled that the State Department of Corrections (DOC) must afford minimal due process to prisoners whose risk assessment levels it intends to demote. In 2000, Dion Xavier Adams, a …
Ninth Circuit Holds Washington DOC Immune From Suit for Denial of Community Custody Early Release by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that the Secretary of the Washington State Department of Corrections (WDOC) was qualifiedly immune from suit by prisoners who claimed …
Article • February 15, 2008 • from PLN February, 2008
Filed under: Voting, Sentencing, Parole
Florida's Parole Commission Slows Restoration of Felons' Civil Rights by David Reutter by David M. Reutter In April 2007, Florida Gov. Charlie Crist and his Cabinet made it easier for some felons to regain their civil rights, including their right to vote. The new rules automatically restore rights to non-violent …
Article • January 15, 2008
Filed under: Sentencing, Parole, Immigration
California Lifer’s Governor-Parole-Reversal Tossed by State Court by Marvin Mentor California Lifer's Governor-Parole-Reversal Tossed by State Court by Marvin Mentor A decision by Governor Schwarzenegger to reverse the Board of Parole Hearing's (BPH) grant of parole to an infirm, 82-year-old lifer was itself reversed by the California Court of Appeal. …
Article • January 15, 2008
Repatriated Federal Prisoner's Sentence Properly Calculated Under American Law by Sonny Odili, a federal prisoner, was sentenced to 100 months in a Panamanian prison after being caught grinding over 7,000 grams of cocaine so it could be smuggled into the U.S. He cooperated with Panamanian authorities in another prosecution but …
Article • January 15, 2008
Ninth Circuit: Heck Favorable Termination Rule Applies to Civil Commitments by By John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that the "favorable termination rule" of Heck v. Humphrey, 512 U.S. 477 (1994) [which requires that before a prisoner can bring a 42 U.S.C. § 1983 civil …
Texas Parole Law Remanded for Ex Post Facto Ruling by Gary Hunter By Gary Hunter Texas prisoner Wilson Brown, a convicted sex offender, went to prison in 1989. At the time Brown was convicted, all Texas prisoners required only two favorable votes to make parole. In 1993, the parole board …
Article • January 15, 2008
Federal Statute Requiring Supervised Releasee to Submit DNA Sample Unconstitutional by A Massachusetts federal district court has entered a preliminary injunction barring the federal probation office from requiring a person on supervised release to submit a DNA sample. The Court's order comes after it found that Leo Weikert, Jr., who …
Article • January 15, 2008
Native American Legally Civilly Committed by The Seventh Circuit Court of Appeals has upheld a ruling by the Wisconsin Supreme Court that allows a Native American to be involuntarily committed as a sexually violent person. The Seventh Circuit's ruling relies substantially on the Anti-Terrorism and Effective Death Penalty Act (AEDPA) …
Article • January 15, 2008
SJ Reversed on PO Unreasonable Search/Detention Claims by The Tenth Circuit Court of Appeals reversed a lower court's grant of qualified immunity to three New Mexico probation officers on unreasonable residential search claims. It also reversed summary judgment on an unreasonable detention claim. In February 2000, Carly Bliss was convicted …
Article • January 15, 2008
Filed under: Sentencing, Good Time
Trial Court Lacks Authority to Deny Washington Earned Credits by The Washington State Supreme Court, sitting en banc, held that the trial court has no authority to restrict the grant of earned early release time credits. Brenda Louise West robbed a motel. "In exchange for a reduction of the charge …
Article • January 15, 2008
Filed under: Sentencing, Parole
Ninth Circuit: Federal Supervised Release Constitutional by On April 24, 2006, a panel of judges in the U.S. Ninth Circuit Court of Appeals upheld a district court?s finding that supervised release was a valid part of the federal sentencing scheme. Lazaro Huerta-Pimental was arrested in 1998 for illegally entering the …
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