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Article • August 15, 2004 • from PLN August, 2004
California Credit Restoration Denial Ruled Ex Post Facto by John E Dannenberg by John E. Dannenberg The U.S. District Court (E.D. Cal.) granted a writ of habeas corpus because it found the denial of earned restoration of a California state prisoner's disciplinary-based credit loss to be unconstitutionally retroactive. The Ninth …
Pro Se Tips and Tactics by John Midgley The Supreme Court recently decided another in a series of cases about when prisoners can sue directly under 42 U.S.C. § 1983, versus when they must first employ habeas corpus proceedings, to challenge actions by prison officials. The difference is very important …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Sentencing, Good Time
D.C. Prisoners Serving Life Sentences Have No Right to Earn Good Time Credits on Maximum Terms by The United States Court of Appeals for the District of Columbia recently held that prisoners serving life sentences with the possibility of parole have no right to earn good time credits on their …
Article • June 15, 2004 • from PLN June, 2004
Unearned Good Time Credits May Not Be Withheld as Disciplinary Sanction by Bob Williams Unearned Good Time Credits May Not Be Withheld As Disciplinary Sanction by Bob Williams The West Virginia Supreme Court of Appeals has held that a state prisoner may not lose more good time credits as a …
Article • June 15, 2004 • from PLN June, 2004
Administrative Hearings and Judicial Reviews Mandated for Sex Offender Classifications Without Current Felony Conviction. by Bob Williams Mandating administrative hearings and allowing for judicial review, the Colorado Court of Appeals has reversed a state district court's dismissal of a prisoner's challenge to his Colorado Department of Corrections (CDOC) sex offender …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Sentencing, Good Time
Kansas Good Time Regulations Enacted After Prisoner's Crime May Not Be Applied Retroactively by Kansas Good Time Regulations Enacted After Prisoner's Crime May Not Be Applied Retroactively The Kansas Supreme Court recently held that an amended version of the Department of Corrections (DOC) regulation governing the award of good time …
BOP Rule Denying Early Release Eligibility Violates APA by A federal court in Oregon held that Bureau of Prisons (BOP) drug treatment rules violate the Administrative Procedures Act (APA). "18 U.S.C. § 3621(b) directs the Bureau of Prisons (BOP) to provide substance abuse treatment to those prisoners who have a …
Article • May 15, 2004 • from PLN May, 2004
No Ex Post Facto Violation in Forcing Washington Prisoner to Take Stress and Anger Classes by No Ex Post Facto Violation in Forcing Washington Prisoner to Take Stress and Anger Classes The Washington state supreme court unanimously held that a prisoner determined by the Washington state Department of Corrections (DOC) …
Article • April 15, 2004 • from PLN April, 2004
Filed under: Sentencing, Good Time
Prior To Reversal And Reconviction, California Prison Credits, Not Jail Credits, Apply by Prior To Reversal And Reconviction, California Prison Credits, Not Jail Credits, Apply The California Supreme Court held that when a prisoner's conviction is overturned on appeal, and a new conviction is obtained upon retrial, the time that …
Article • April 15, 2004 • from PLN April, 2004
Filed under: Sentencing, Good Time
California Presentencing Credits Upheld For Jail Time in Another County by John E Dannenberg California Presentencing Credits Upheld For Jail Time in Another County by John E. Dannenberg The California Supreme Court ruled that while a prisoner was on pre-trial bail from one county, but had been arrested for an …
Article • February 15, 2004 • from PLN February, 2004
Work-time Credits Commence Jan. 1, 2004, in California Reception Centers by Beginning January 1, 2004, all California state prisoners in reception centers who are statutorily eligible for Penal Code § 2933 day-for-day work-time credits will automatically earn such credits by participating in a new mandatory in-cell-study educational program. This applies …
Washington Sex Offenders' Release Plans Must Be Processed by The Washington State Court of Appeals for Division 1 has held that the Washington Department of Corrections (DOC) must process sex offenders' release plans, even if they are being referred for civil commitment as sexually violent predators. William Dutcher was a …
Article • January 15, 2004 • from PLN January, 2004
Filed under: Sentencing, Good Time
Ohio Warrantless Arrestees Must Be Arraigned Within 48 Hours of Arrest by Ohio Warrantless Arrestees Must Be Arraigned Within 48 Hours of Arrest The U.S Court of Appeals for the 6th Circuit recently held that the 14th Amendment to the U.S. Constitution requires warrantless arrestees to be arraigned within 48 …
Texas Prisoners May Challenge Loss of Good Time Class Via Habeas Corpus by Texas Prisoners May Challenge Loss of Good Time Class Via Habeas Corpus by Matthew T. Clarke The Fifth Circuit court of appeals has held that prisoners whose mandatory release dates are adversely affected by a change in …
Article • September 15, 2003 • from PLN September, 2003
Washington State's Changes to Good Time Laws Benefit Few by Lonnie Burton On May 20, 2003, Washington state governor Gary Locke signed into law Senate Bill 5990, which works numerous changes to the amount of good time prisoners in the state can receive. The new law, passed by 43-4 and …
Article • July 15, 2003 • from PLN July, 2003
Habeas Granted in BOP Good Time Case by More than one year after Lopez v. Davis, 121 S.Ct. 714, 531 U.S. 230 (2001), an Oregon U.S. District Court has ordered the Federal Bureau of Prisons (BOP) to transfer a prisoner to a community corrections (CCC) program "as soon as practicable." …
Article • May 15, 2003 • from PLN May, 2003
Erroneously Released Texas Prisoner Has Right to Street Calendar Time by by Matthew T. Clarke The Fifth Circuit Court of Appeals held that a Texas prisoner erroneously released on mandatory supervision has a right to calendar time spent on the streetbut not any potential good conduct timefollowing revocation. Fernando Thompson, …
Article • March 15, 2003 • from PLN March, 2003
Habeas Corpus Sole Remedy for BOP Sentence Reduction by Michael Bourke was convicted in federal court of possessing a machine gun and a controlled substance. He completed a drug treatment program in prison and then sought a one year reduction in sentence pursuant to 18 U.S.C. § 3621(e)(2)(B). The Bureau …
Article • February 15, 2003 • from PLN February, 2003
Filed under: Sentencing, Good Time, Parole
Good Time on Alaska CS Sentences Subtracted from Aggregate Sentence by The Alaska Court of Appeals held that good time credits for prisoners serving consecutive sentences are subtracted from the entire sentence rather than against each separate sentence. The court also held that prisoners serving more than one sentence receive …
Article • January 15, 2003 • from PLN January, 2003
Filed under: Sentencing, Good Time
Ninth Circuit Upholds BOP's Prorated Good Time Formula by Ninth Circuit Upholds BOP'S Prorated Good Time Formula The Ninth Circuit Court of Appeals held that the Bureau of Prisons' (BOPS') application of good time credits on a prorated basis during the final year of confinement is a reasonable interpretation of …
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