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Article • May 1, 2012
Arizona Governor Cleans House, Restocks Clemency Board with Cronies and Hardliners by Arizona Governor Jan Brewer doesn't like making public decisions on the commutation of prison sentences. Or maybe she simply doesn't like justifying them. In April 2012, Brewer—the Republican who boisterously defended the since-disproven legality of SB1070, and later …
Pennsylvania Parole Board May Not Condition Parole of Sex Offender on Admission of Guilt Due to Ex Post Facto Violation by The Third Circuit Court of Appeals has held that in denying parole to convicted sex offender Louis Mickens-Thomas for his refusal to participate in a sex offender program that …
Article • April 15, 2012 • from PLN April, 2012
Rehabilitation Finding Eliminates 30-Year Minimum Sentence for Aggravated Murder, but Oregon Parole Board Balks by Mark Wilson In Oregon, a rehabilitation finding under ORS 163.105(3) eliminates the 30-year mandatory minimum sentence for state prisoners convicted of aggravated murder and requires the Board of Parole (Board) to immediately set a parole …
Article • April 15, 2012 • from PLN April, 2012
Texas Harasses, Denies Compensation to Wrongly Convicted by Matthew Clarke by Matt Clarke Texas has a generous compensation package for prisoners who are exonerated, which includes $80,000 per year of wrongful incarceration, an annuity with annual payments in the same amount, free college tuition and free medical care. [See: PLN, …
Tenth Circuit Affirms Sentence in Excess of Federal Advisory Guidelines for Sex Offender Who Violated Terms of Supervised Release by In an unpublished opinion, the Tenth Circuit affirmed the district court's imposition of an 18-month prison term for a Utah man, Brian Olinger, who pled guilty to three violations of …
Article • March 15, 2012 • from PLN March, 2012
Medical Parole Law Costs California Taxpayers Millions of Dollars by Responding to concerns that prisoners who are granted compassionate release due to terminal medical conditions may “cheat” the system by outliving a doctor’s prognosis, the California legislature enacted a medical parole law in 2010 that allows prisoners to be re-incarcerated …
Offenders Cannot Sue Over Violations of Interstate Probation Transfer Compact by The Interstate Compact for Adult Offender Supervision (“the Compact”) does not create a private right of action, the U.S. Court of Appeals for the Second Circuit held on April 11, 2011. Plaintiff M.F. and his domestic partner sued New …
Article • March 15, 2012 • from PLN March, 2012
Electronic Monitoring: Some Causes for Concern by James Kilgore Electronic monitoring (EM) looms high on the list of alternatives to incarceration for corrections officials seeking solutions to overcrowded prisons and budget deficits. First used in 1983, today some 200,000 people in the United States wear some sort of electronic monitor, …
Jury Awards $13,000 in Tennessee CCA False Imprisonment Suit by A Tennessee federal court awarded $13,000 to Samuel Key for civil rights violations resulting from his false imprisonment. The case began in 1987, when Key was convicted and sentenced to prison in Georgia. During that time, a phony escape charge …
Article • March 15, 2012 • from PLN March, 2012
Texas Prisoners Serve Average of 58% of Their Sentences by Matthew Clarke by Matt Clarke According to a recent report by the Texas Department of Criminal Justice (TDCJ), during fiscal year (FY) 2010, Texas state prisoners served an average of 58% of their sentences before being released. That percentage is …
Article • March 15, 2012 • from PLN March, 2012
Idaho Jail Institutes Pay-to-Stay-Out Program by A jail in Canyon County, Idaho has taken the concept of pay-to-stay one step further by charging certain convicted prisoners to stay out of jail. First-time offenders with a non-violent crime who are compliant may have the opportunity to pay up to $15 a …
Article • February 15, 2012
9th Circuit: Appeals Court Lacks Jurisdiction over Non-Final Order For New Parole Hearing by The Ninth Circuit has held that it lacks jurisdiction to hear an appeal of a district court order instructing California's Board of Parole Hearings (Board) to conduct a new parole hearing, where that order, because it …
Article • February 15, 2012
Seventh Circuit: Crawford Not Applicable to Revocation Hearings by On May 2, 2006, the Seventh Circuit held that the Sixth Amendment right to confrontation and cross-examination of witnesses as set forth in Crawford v. Washington, 561 U.S. 36 (2004), does not apply to revocation hearings. Lamond D. Kelley, a federal …
California: Failure to Accommodate Hearing-Impaired Parolee Leads To $100,000 Settlement by In November 2009, Joseph Genova, a hearing-impaired ex-prisoner, signed a Settlement Agreement and Release of All Claims, accepting $10,000 from the State of California, $68,000 from Walden House, Inc., and $22,000 from Behavioral Systems Southwest, Inc. (BSS) in exchange …
Article • February 15, 2012 • from PLN February, 2012
Israeli Study Shows Parole Decisions May be Affected by Whether Board Members are Hungry by A ten-month study of over 1,100 parole hearings in Israel indicates that the odds of a prisoner being found suitable for parole seem to be affected by the interval between the hearing and the time …
Business is Booming for Prison Profiteers by James Kilgore Private corrections company The GEO Group celebrated the holiday season by opening a new 1,500-bed prison in Milledgeville, Georgia on December 12, 2011. The $80 million facility is expected to generate approximately $28 million in annual revenues. Though GEO (formerly Wackenhut …
Days Without End: Life Sentences and Penal Reform by Marie Gottschalk Death fades into insignificance when compared with life imprisonment. To spend each night in jail, day after day, year after year, gazing at the bars and longing for freedom, is indeed expiation. —Lewis E. Lawes, warden of Sing Sing …
New York’s Sex Offender Civil Commitment Program Proves Expensive, Problematic by Matthew Clarke by Matt Clarke At an annual cost of $175,000 per civilly-committed sex offender, New York’s civil commitment program is the second most expensive in the country (Washington state is first at a cost of $177,000 per prisoner). …
Article • November 15, 2011 • from PLN November, 2011
Filed under: Sentencing, Parole
Washington Community Custody Violators Entitled to Time Served by The Washington State Court of Appeals has held that prisoners are entitled to credit for all time spent in custody on alleged community custody violations. On June 30, 2003, Anthony Bakari Louis Bovan was sentenced to 73.5 months in prison and …
Article • November 15, 2011 • from PLN November, 2011
Filed under: Sentencing, Parole
Ninth Circuit Holds That Absconding Tolls Supervised Release for Federal Parolees by The time a released prisoner serves on supervised release is tolled when he or she absconds, the U.S. Court of Appeals for the Ninth Circuit held. Manuel Ignacio Juarez was deported following completion of his federal prison sentence …
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