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Article • May 15, 2007
Pennsylvania PLRA Unconstitutional; Obscenity Ban Upheld by The Pennsylvania Supreme Court held that two provisions of the Pennsylvania Prison Litigation Reform Act (PaPLRA) violate the Pennsylvania Constitution and are, therefore, invalid. In 1998 the Pennsylvania Legislature amended 18 Pa. C.S. § 5903(a)(7)-(9), the state's obscenity law, to make it a …
Article • May 15, 2007 • from PLN May, 2007
Registration Requirements Expanded to Non-Sex Crimes and Unconvicted Offenses by Matthew Clarke by Matthew T. Clarke Ohio and Illinois have recently expanded the scope of persons required to register with the state as sex offenders to include persons who have never been charged with or convicted of a sex crime. …
Article • May 15, 2007 • from PLN May, 2007
Doing “Katrina Time” by Bob Williams Doing "Katrina Time" by Bob Williams Last month, PLN's cover story addressed the terrors and tribulations faced by prisoners when Hurricane Katrina devastated New Orleans on August 29, 2005 -- not just the horrors of the storm, but also the brutality and abuse inflicted …
New Jersey Auditor: Life Skills Academy Prison Contract Improperly Monitored by Matthew Clarke by Matthew T. Clarke A report by the New Jersey State Auditor released in July 2005, finds that the $1.5 million Life Skills Academy (LSA) contract was not properly monitored by prison system officials. The problems included …
Article • May 15, 2007 • from PLN May, 2007
California Creates High Risk Sex Offender Task Force by By Executive Order S-6-08 (May 15, 2006), California?s Governor Arnold Schwarzenegger created the High Risk Sex Offender Task Force (HRSOTF). Its job was to advise the Secretary of the California Department of Corrections and Rehabilitation (CDCR) on policy upgrades regarding (1) …
Article • May 15, 2007
Kansas Open Records Act Requires DOC to Disclose Parolee Info To Public by The Kansas Supreme Court held that the Kansas Open Records Act (KORA) requires that state's Department of Corrections (KDOC) to provide certain parolee supervision information to requestors. In doing so, that court narrowly construed KORA's "supervision history" …
Article • May 15, 2007
Colorado Upholds 100 Years-to-Life for Sex Offender Under New Lifetime Act by The Colorado Court of Appeals has affirmed two consecutive, 50 years-to-natural-life sentences for a sex offender convicted of class 3 and class 4 sex offenses under Colorado's new Sex Offender Lifetime Supervision Act (the Act). Delbert Larson was …
Article • May 15, 2007
Alaska: 1997 Tort Reform Legislation Facially Constitutional by The Supreme Court of Alaska held that tort reform legislation enacted by the Alaska Legislature was facially constitutional. Plaintiffs, persons considering tort actions, sought declaratory judgment voiding the legislation. The 26 SLA 1997 legislation "included many new tort law provisions, including caps …
Two Registered Sex Offenders Murdered in Maine by Matthew Clarke by Matthew T. Clarke A violent criminal predator used Maine's sex offender registry web site to identify two sex offenders so he could murder them. Stephen A. Marshall, 20, of Cape Breton, Nova Scotia, Canada, used his laptop to methodically …
Article • March 15, 2007 • from PLN March, 2007
North Carolina Enacts Innocence Inquiry Commission by John Dannenberg by John E. Dannenberg On August 3, 2006, North Carolina Governor Mike Easley signed into law H-1323, a bill creating an eight-member Innocence Commission wherein prisoners who have exhausted their court appeals but still claim they were wrongly convicted may reopen …
Article • March 15, 2007 • from PLN March, 2007
Vermont, the Last State to Pass Sex Abuse Laws by Gary Hunter On May 23, 2006, Vermont became the fiftieth and final state to outlaw sex between detention facility employees and prisoners. The proposed measure had been under debate for five years before Governor James Douglas finally signed the bill …
Article • March 15, 2007 • from PLN March, 2007
Texas Prisoners Face Mandatory Testing For HIV by Gary Hunter From January to May 2006, 480 Texas prisoners tested HIV-positive upon their release from prison. Testing for the virus has now become mandatory in Texas before a prisoner can be released. The bill for mandatory testing, passed in May 2005, …
Article • February 15, 2007 • from PLN February, 2007
California Governor Vetoes Open Records, Prisoner Condoms and Media Access Bills by John Dannenberg by John E. Dannenberg On September 29, 2006, Governor Arnold Schwarzenegger vetoed legislative bills that would have permitted better access to public records, condoms in state prisons as well as media access to specified prisoners. The …
New York’s Governor Vetoes New Treatment Facilities For Mentally Ill Prisoners by John Dannenberg New York's Governor Vetoes New Treatment Facilities For Mentally Ill Prisoners by John E. Dannenberg Prior to leaving office, on August 16, 2006, then New York Governor George Pataki (R)vetoed Assembly Bill No. 3926-A, which would …
Article • February 15, 2007 • from PLN February, 2007
Michigan Jail Prisoners Pay For Incarceration by Gary Hunter Under a law passed by Michigan legislators prisoners can now be required to pay up to $60 per day for the cost of their incarceration in city jails. Proposed by State Sen. Laura M. Toy, R-Livonia the law was signed into …
California’s “High-Risk” Sex Offender Parolees Ostracized; Parole Official Fired by John Dannenberg California's "High-Risk" Sex Offender Parolees Ostracized; Parole Official Fired by John E. Dannenberg California's 2,000 "high-risk" sex offenders (HRSOs) currently on parole are increasingly being ostracized following relentless publicity as to their whereabouts, forcing parole officials to continuously …
Article • January 15, 2007 • from PLN January, 2007
Wisconsin “Boondoggled” Into Buying Broken Down New Private Prison by Wisconsin "Boondoggled" Into Buying Broken Down New Private Prison After buying a private prison for $87.1 million, the Wisconsin Legislature is crying foul upon discovering the Stanley prison violates electrical, plumbing, and safety codes that will cost $5 million to …
Article • December 15, 2006 • from PLN December, 2006
Many U.S. Prisoners Give Birth In Chains by Michael Rigby Childbirth is sacred in most cultures. But for many female prisoners in the U.S., the process can be cruel and degrading. According to a March 1, 2006, report by the human rights group Amnesty International U.S.A., 23 state prison systems …
Federal Judge Suspends Some Georgia Sex Offender Residency Restrictions by Matthew Clarke by Matthew T. Clarke On June 29, 2006, e federal judge in Georgia granted class-action status and a temporary restraining order (TRO) suspending enforcement of some provisions of Georgias sex offender residency law (SORL), Ga.Code.Ann. § 42-15. The …
Floridas Civil Commitment Center Under Funded and Out-of-Control by David Reutter Floridas Civil Commitment Center Under Funded and Out-of-Control by David M. Reutter When first created in 1999, Florida's Civil Commitment Center (FCCC) was hyped as a place to house sexually violent predators for protection of the public while providing …
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