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Article • May 15, 2013 • from PLN May, 2013
Arkansas Sheriff Took Kickbacks for Card Fees, Class-Action Suit Says by Erik De La Garza An Arkansas Sheriff received kickbacks from a company hired to convert cash seized from county jail prisoners to prepaid debit cards “with numerous exorbitant fees,” a federal class-action lawsuit claims. More than 2,200 people who …
Mandatory Lifetime Monitoring a Direct Consequence of Sex Offense Plea Bargain in Michigan by The Michigan Supreme Court has held that mandatory lifetime electronic monitoring is a direct consequence of a plea to first-degree criminal sexual conduct or second-degree criminal sexual conduct. As such, when a defendant enters a guilty …
Article • May 15, 2013 • from PLN May, 2013
Governmental Highway Robbery: Asset Forfeiture and the Pillaging of the American People by John W. Whitehead This is the problem when police officers and police departments have a financial interest in doing their job. We got rid of bounty hunters because they were not a good thing. This is modern …
Article • May 15, 2013 • from PLN May, 2013
Virginia Prisoner Pardoned After Accuser Admits She Lied by Everyone in Virginia's criminal justice system knew that Johnathan Christopher Montgomery was innocent of the crimes for which he’d been convicted. His accuser had recanted her testimony and admitted she lied to police about being molested by Montgomery more than a …
$17.75 Million Settlement for Victims of Pennsylvania “Kids for Cash” Scandal by David Reutter by David M. Reutter Several of the defendants in a “widespread scheme and subversion of the Luzerne County juvenile justice system” in Pennsylvania have agreed to a $17.75 million settlement to resolve a class-action federal lawsuit. …
Ex-Felons are About to Get Health Coverage by Michael Ollove Newly freed prisoners traditionally walk away from the penitentiary with a bus ticket and a few dollars in their pockets. Starting in January 2014, many of the 650,000 prisoners released from prison each year will be eligible for something else: …
CCA Admits to Falsified Staffing Records, Violating Contract with Idaho DOC by ON April 11, 2013, the Idaho Department of Correction (IDOC) announced that Corrections Corporation of America, the nation’s largest for-profit prison firm, had acknowledged that employees at the CCA-operated Idaho Correctional Center (ICC) falsified staffing records from at …
Article • May 15, 2013 • from PLN May, 2013
Utah: Private Company Offers to Pick Up Prison Tab by Eric S. Peterson One of the big efforts by the 2013 Utah legislature was authorizing the Prison Relocation and Development Authority to start taking proposals to relocate the Utah State Prison in Draper and unlock the prime real estate underneath …
Article • May 15, 2013 • from PLN May, 2013
Iowa Sex Offender Special Sentence Provisions Interpreted: Time-Served Credit, but Not Earned-Time, Reduces Revocation Term by The Iowa Supreme Court held on May 4, 2012 that earned-time credit for good behavior accelerates the completion of a ten-year special sentence but does not reduce a release revocation term. The Court further …
Article • May 15, 2013 • from PLN May, 2013
Filed under: Sentencing, Parole
California: Parole Placement of Serial Killer’s Accomplice in Remote County Upheld by On March 13, 2012, the California Court of Appeal upheld a decision by the California Department of Corrections and Rehabilitation (CDCR) to place Loren Herzog, a high-profile offender who had been paroled, in a remote county rather than …
Article • May 15, 2013 • from PLN May, 2013
New York Sex Offender Registration Determination is Exception to Article 78 Review by The New York Court of Appeals, the state’s highest court, has held that a determination as to whether a crime committed in another state triggers New York sex offender registration is reviewable in a proceeding to determine …
California: Nine Detainees Charged in Jailhouse Killing; Five Sentenced to Life Terms by In January 2012, an Orange County, California judge sentenced two of nine detainees implicated in the jailhouse killing of a suspected child molester to terms of 15 years to life in prison. Three other detainees also were …
Article • May 15, 2013 • from PLN May, 2013
Sixth Circuit: Disciplinary Conviction Does Not Bar Excessive Force Claim by Christopher Zoukis Prisoners who claim they were assaulted by guards in violation of the Eighth Amendment are not barred from challenging such abuse in court even if they were found guilty of disciplinary charges in connection with the incident, …
Oregon Jail Guard Gets Three Years for Sex with Prisoner by An Oregon jail guard has been sentenced to three years in prison for having a 19-month sexual relationship with a female prisoner. Mark W. Samuels, 54, was employed by the Marion County Sheriff’s Office as a guard at the …
Article • May 15, 2013 • from PLN May, 2013
Filed under: Escapes, News, State Legislation
Oregon: Only Voluntary Surrender Avoids Fugitive Dismissal Rule by In a 4-3 decision, the en banc Oregon Supreme Court held on June 7, 2012 that a defendant’s “surrender” must be voluntary in order to avoid dismissal of a pending appeal under the state’s fugitive dismissal rule. Pursuant to Oregon Rule …
Article • May 15, 2013 • from PLN May, 2013
U.N. Considers Revisions to Standard Minimum Rules for Treatment of Prisoners by Christopher Zoukis The U.N. Commission on Crime Prevention and Criminal Justice held its 22nd session in late April 2013. A significant item on the Commission’s agenda was the development of revised Standard Minimum Rules for the Treatment of …
Article • May 15, 2013 • from PLN May, 2013
Arkansas Prisoner’s Ad-Seg Reviews Held to be Meaningless; Case Remanded to Recalculate Damages by The Eighth Circuit Court of Appeals has upheld an Arkansas federal district court’s finding that state prison officials denied a prisoner meaningful reviews of his placement in administrative segregation, but ordered a recalculation of the lower …
Article • May 15, 2013 • from PLN May, 2013
Filed under: News, News in Brief
News in Brief by Arizona: On December 28, 2012, Safford police officers found state prison guard David Hudson, in uniform, threatening to harm himself while holding a gun near the edge of a bridge. Hudson laid down the gun and surrendered to the officers, and was taken to a medical …
Article • May 15, 2013
9th Circuit Reverses District Court Dismissal of FISA and ECPA Complaints by Derek Gilna In a case by private citizens seeking judicial redress for injuries stemming from the government's interception of domestic telephone and internet communications, the 9th Circuit has reversed a district court dismissal of lead plaintiff Carolyn Jewel's …
Article • May 15, 2013
$95,664 in Attorneys’ Fees Awarded in Texas Public Records Suit by On October 12, 2011, District Judge Caroline Baker ruled that under Texas Government Code §552.323(a) City of Houston was to pay Randall Kallinen and Paul Kubosh for their attorney's fees. Public safety activists Kallinen and Kubosh filed a lawsuit …
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