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Oregon Prisoner Holds Counselor Hostage, Gets New 68-Month Sentence
Article • January 15, 2011 • from PLN January, 2011
Filed under: Criminal Prosecution, Guards/Staff, Assaults on Staff
Oregon Prisoner Holds Counselor Hostage, Gets New 68-Month Sentence by On May 11, 2010, an Oregon state prisoner was convicted of kidnapping and sentenced to an additional 68 months for holding a prison counselor hostage. John Anthony Brown, 42, was confined at the Coffee Creek Correctional Facility (CCCF), the Oregon …
California: Confiscation of Prisoner’s Mail May Violate First Amendment
Article • January 15, 2011 • from PLN January, 2011
Filed under: Gang Policies, Mail, Publications/Books, Mail Regulations, Due Process
California: Confiscation of Prisoner’s Mail May Violate First Amendment by In a First Amendment case alleging improper confiscation of a state prisoner’s incoming and outgoing mail, U.S. District Court Judge Susan Illston denied a motion for summary judgment filed by prison officials. In 2007, Marcus Harrison, a validated member of …
California: Harsh Sentencing Laws and Health Care Costs Strain Corrections Budget
Article • January 15, 2011 • from PLN January, 2011
Filed under: Medical, Medical Expenses, Three Strikes
California: Harsh Sentencing Laws and Health Care Costs Strain Corrections Budget by In May 2010, responding to a legislative request for information related to the impact of correctional operations on California’s budget, State Auditor Elaine Howle submitted a report subtitled “Inmates Sentenced Under the Three Strikes Law and a Small …
Budget Deficits Lead to Fewer Supermax Beds
Article • January 15, 2011 • from PLN January, 2011
Filed under: Control Units/SHU/Solitary Confinement
Budget Deficits Lead to Fewer Supermax Beds by Mark Wilson Throughout the 1990s, “Supermax” prisons and control units – commonly called Security Housing Units (SHUs) or Intensive Management Units (IMUs) – sprang up across the nation. Between 1995 and 2000 the general prison population increased by 28 percent, but according …
Released Prisoners Need Not Exhaust Grievance Remedies Before Filing Suit
Article • January 15, 2011 • from PLN January, 2011
Filed under: PLRA, Administrative Exhaustion (PLRA)
Released Prisoners Need Not Exhaust Grievance Remedies Before Filing Suit by The Ninth Circuit has held that former prisoners need not exhaust administrative remedies before filing suit pursuant to 42 U.S.C. § 1983 to challenge the conditions under which they were once confined. In so ruling, the Ninth Circuit joins …
California: Validity of Parole Board’s Psych Evaluation Procedures for Lifers Questioned
Article • January 15, 2011 • from PLN January, 2011
Filed under: Parole, Federal Statutory Law, Administrative Procedures Act (Federal)
California: Validity of Parole Board’s Psych Evaluation Procedures for Lifers Questioned by Michael Brodheim The process by which California’s Board of Parole Hearings (BPH) administers psychological evaluations to parole-eligible prisoners serving life sentences has been questioned by the state Senate and also was the subject of a recent ruling by …
Fourth Circuit Vacates Pornography Restriction on Federal Defendant
Article • January 15, 2011 • from PLN January, 2011
Filed under: Discrimination, Sex Offenders (Discrimination), Parole Conditions, Sexually Explicit Materials
Fourth Circuit Vacates Pornography Restriction on Federal Defendant by The U.S. Court of Appeals for the Fourth Circuit has vacated a set of supervised release conditions that prohibited a defendant from possessing pornography, entering places where pornography could be obtained, having contact with children and requiring that the defendant undergo …
Connecticut Restricts Prisoners’ FOIA Requests
Article • January 15, 2011 • from PLN January, 2011
Filed under: Federal Statutory Law, Freedom of Information Act, State Legislation
Connecticut Restricts Prisoners’ FOIA Requests by David Reutter by David M. Reutter Last year, Connecticut enacted an exemption to the state’s Freedom of Information Act (FOIA) that prevents disclosure of certain records requested by “any individual committed to the custody or supervision of the Commissioner of Correction or confined in …
Indiana DOC Hires Convicted Former Legislator for Re-Entry Job
Article • January 15, 2011 • from PLN January, 2011
Filed under: Conditions of Confinement, Staffing
Indiana DOC Hires Convicted Former Legislator for Re-Entry Job by A former Indiana democratic state representative convicted of impersonating a public servant was hired by the Indiana Department of Corrections to run its re-entry program at the Branchville Correctional Facility. In June 2009, Dennie Oxley II attempted to avoid arrest …
Seventh Circuit Holds No Public Interest Requirement in Prisoner’s First Amendment Retaliation Suit for Providing Affidavit to Help Dead Prisoner’s Family
Article • January 15, 2011 • from PLN January, 2011
Filed under: Retaliation, Retaliation for Litigating, Retaliation for Filing Grievances
Seventh Circuit Holds No Public Interest Requirement in Prisoner’s First Amendment Retaliation Suit for Providing Affidavit to Help Dead Prisoner’s Family by The Seventh Circuit Court of Appeals held that a prisoner who alleges retaliation for free speech is not required to show that the speech engaged in concerned a …
California Supreme Court Clarifies Application of Presentence Good-Conduct Credit Statute
Article • January 15, 2011 • from PLN January, 2011
Filed under: Sentencing, Good Time
California Supreme Court Clarifies Application of Presentence Good-Conduct Credit Statute by In an opinion of technical value, but little if any benefit to anyone (including the defendant in the case), the California Supreme Court held that a defendant need spend only four days in presentence confinement -- not six days, …
Federal Prisoners Making Solar Cells
Article • January 15, 2011 • from PLN January, 2011
Filed under: Work, Prison Industries
Federal Prisoners Making Solar Cells by Spire Corp., a solar cell manufacturer, has inked a deal worth approximately $55 million with UNICOR, the prison labor arm of the Bureau of Prisons (BOP), to establish a solar module manufacturing program at the Federal Correctional Institution (FCI) in Otisville, New York. Under …
Speedy Sentencing Procedure Applies to Probation Revocations, California Supreme Court Holds
Article • January 15, 2011 • from PLN January, 2011
Filed under: Sentencing, Parole, Parole Conditions
Speedy Sentencing Procedure Applies to Probation Revocations, California Supreme Court Holds by California prisoners facing revocation of probation must be sentenced within 90 days after making a request under Penal Code 1381 or the probation revocation proceeding must be dismissed, the Supreme Court of California decided March 9, 2009. David …
Massachusetts DOC Injunction Requiring Broadcast of Jum’ah Services via Closed-Circuit Television Upheld
Article • January 15, 2011 • from PLN January, 2011
Filed under: RLUIPA, Religious Freedom, Denial of Religious Services
Massachusetts DOC Injunction Requiring Broadcast of Jum’ah Services via Closed-Circuit Television Upheld by The U.S. Court of Appeals for the First Circuit upheld an injunction requiring the Massachusetts Department of Correction (DOC) to broadcast Friday Jum’ah services via closed circuit television to Muslim prisoners in segregation. The injunction comes in …
Cavity Searches of Civil Commitment Patients for Cellphone Upheld by Eighth Circuit
Article • January 15, 2011 • from PLN January, 2011
Filed under: Body Cavity Searches, Mental Health, Civil Commitment
Cavity Searches of Civil Commitment Patients for Cellphone Upheld by Eighth Circuit by The Eighth Circuit Court of Appeals upheld a strip search of 150 Minnesota civil commitment patients, but warned that it was “a close question of constitutional law,” which reached the outer limits of acceptable conduct. On October …
News in Brief:
Article • January 15, 2011 • from PLN January, 2011
Filed under: News, News in Brief
News in Brief: by Arizona: Infamous Maricopa County Sheriff Joe Arpaio, best known for his harsh and humiliating treatment of prisoners, staged a Christmas carol contest on December 21, 2010. Ten prisoners sang for a chance to get a full traditional dinner on Christmas Eve, with Arpaio judging the contest …
Federal Rapid REPAT Program Not Working in Rhode Island
Article • January 15, 2011 • from PLN January, 2011
Filed under: International, Immigration
Federal Rapid REPAT Program Not Working in Rhode Island by Derek Gilna A federally-funded program designed to help states remove illegal immigrants held in state prison systems if they agree to immediate deportation from the U.S. has had no impact in Rhode Island, according to Steve Brown, executive director of …
Probation Officers Working in Los Angeles Juvenile Facilities Engage in Misconduct, Avoid Disciplinary Action
Article • January 15, 2011 • from PLN January, 2011
Filed under: Police Misconduct, Conditions of Confinement, Staffing, Juvenile Prisons
Probation Officers Working in Los Angeles Juvenile Facilities Engage in Misconduct, Avoid Disciplinary Action by Michael Brodheim According to a report released in June 2010 by the Los Angeles County Office of Independent Review (OIR), a civilian oversight agency, lax internal investigations in the county’s Probation Department have allowed sworn …
Audit Report Finds Georgia Sex Offender Registry Needs Complete Overhaul
Article • January 15, 2011 • from PLN January, 2011
Filed under: Sex Offender Registration, Crime/Demographics, Databases
Audit Report Finds Georgia Sex Offender Registry Needs Complete Overhaul by David Reutter by David M. Reutter The federal Jacob Wetterling Act of 1994 imposed a duty on the states to establish sex offender registry programs, including life-long registration for offenders classified as sexually violent predators. In 1996, Megan’s Law …
California Governor Orders Corrections Officials to Retain Parole Files Indefinitely
Article • January 15, 2011 • from PLN January, 2011
Filed under: Sex Offenders (Discrimination), Crime/Demographics, Databases, Parole
California Governor Orders Corrections Officials to Retain Parole Files Indefinitely by The killing of a 17-year-old girl by a sex offender whose parole records had been destroyed resulted in a minor political frenzy in California. The Associated Press requested the parole records of John Albert Gardner III, who was charged …
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