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Article • September 15, 2009
Supervised Release Period Does Not Begin When Federal Prisoner Is Transferred To Pre-Release Custody by A federal prisoner's period of supervised release does not commence upon transfer to a halfway house, jail or other component of community confinement, the U.S. Court of Appeals for the Ninth Circuit decided November 7, …
Article • August 15, 2009 • from PLN August, 2009
First Circuit Upholds BOP’s Discretion to Limit Halfway House Placement by The U.S. Court of Appeals for the First Circuit upheld the authority of the federal Bureau of Prisons (BOP) to limit halfway house placements. In 2005, the BOP promulgated formal rules categorically limiting halfway house placement to the last …
HCJ 260505 Israel Supreme Court Ruling Against Private Prisons, US, 2009 Academic Center of Law & Business, Human Rights Division v. Minister of Finance HCJ 2605/05 HCJ 2605/05 Petitioners: 1. Academic Center of Law & Business, Human Rights Division 2. Major General (Retired) Shlomo Twizer 3. Yadin Machnes v. Respondents …
Article • July 15, 2009 • from PLN July, 2009
Ohio Limits Electronic Monitoring to Only Those Who Can Pay by If you’re convicted in Ohio and can afford to pay, you may be able to obtain release on electronic monitoring. If not, you can serve your time in the Corrections Center of Northwest Ohio (CCNO). That is the new …
Article • July 15, 2009
New York Prison Officials Liable for Wheelchair Accident by A New York Court of Claims held that prison officials are 100% liable for injuries suffered by a prisoner who fell from his wheelchair on a sloped ramp. Prisoner Darrin Carathers, who is wheelchair-bound, was being transported to St. Agnes Hospital …
Paraplegic Louisiana Prisoner Requires Transportation in Vehicle with Wheelchair Lift and Restraints Under ADA by To settle a prisoner’s federal civil complaint filed under the Americans with Disabilities Act and the Rehabilitation Act of 1973, the Louisiana Department of Public Safety and Corrections (LDOC) has entered into a consent judgment. …
Article • July 15, 2009
No Liberty Interest in Wisconsin Home Detention Program, Prisoner Waived Rights by On April 24, 2008, the U.S. Court of Appeals for the Seventh Circuit held that a prisoner has no protected liberty interest in participating in a Wisconsin home detention program (HDP) when a prisoner waives his rights. James …
No Tort Liability for Louisiana Employer Accused of Negligence in Death of Prisoner on Work Release by Louisiana prisoners injured while in work release may not pursue a tort action against the prisoner’s employer, the Court of Appeal of Louisiana, 2nd District, decided April 30, 2008. Instead, the exclusive remedy …
Article • June 15, 2009
BOP May Lawfully Limit Halfway House Placement Beyond 180 Days by The Bureau of Prisons (BOP) may lawfully restrict federal prisoners to no more than 180 days halfway house placement, the U.S. Court of Appeals for the Eighth Circuit decided May 30, 2008. Gary Miller and several other prisoners at …
Article • June 15, 2009 • from PLN June, 2009
California DOC Closes Prisoner Work/Restitution Center by California DOC Closes Prisoner Work/Restitution Center The California Department of Corrections and Rehabilitation (CDCR) has closed an innovative program that placed nonviolent prisoners in a community work-release center so they could earn money to pay restitution to their victims. Although the closure was …
Article • June 15, 2009 • from PLN June, 2009
California Lifers Housed Out-Of-State in Federal Witness Protection Program Entitled to Appear in Person at Parole Hearings by John Dannenberg by John E. Dannenberg The California Court of Appeal (Third District) held that California prisoners sentenced to life with the possibility of parole, who are housed in out-of-state facilities in …
Article • May 15, 2009 • from PLN May, 2009
Prisoners Used for 2008 Voter Registration, Election Campaigning by Last year, prisoners participating in a work release program were hired by Choices Group, a contractor, to register voters in Nevada. Residents of the Casa Grande Transitional Housing Facility in Las Vegas were used to canvass neighborhoods and sign up voters …
Article • May 15, 2009 • from PLN May, 2009
Ninth Circuit: “Supervised Release” is Not “Imprisonment” by The Ninth Circuit U.S. Court of Appeals has held that with respect to 18 U.S.C. § 3624(e), being on supervised release in a state community pre-release center did not toll a state prisoner’s concurrent federal supervised release. Since the plaintiff had therefore …
Article • April 15, 2009
Tenth Circuit Explains Sandin Standard to Determine Liberty Interests by In reversing a Kansas federal district court’s grant of summary judgment to prison officials, the Tenth Circuit Court of Appeals has explained how the legal landscape changed by the ruling in Sandin v. Conner, 115 S. Ct. 2293 (1995). In …
Article • April 15, 2009
Tenth Circuit Finds Colorado Administrative Segregation Placement Does Not Implicate Liberty Interest by The Tenth Circuit Court of Appeals has held that a prisoner’s administrative confinement conditions did not violate his due process rights because he failed to prove that he had a liberty interest in avoiding such placement. Before …
Class Certification Granted to Illinois Prisoners In Retaliation Lawsuit by A federal district court in Illinois has granted class certification to a group of prisoners. The plaintiffs are current and former Illinois Department of Corrections (IDOC) prisoners housed in the maximum security unit at Tamms Correctional Center (TCC). The lawsuit …
Federal Prison Officials Granted Qualified Immunity in Colorado by A federal district court in Colorado has granted qualified immunity to the warden and associate wardens of the United States Penitentiary, Administrative Maximum Unit (ADX) in regards to a lawsuit filed by a federal prisoner. Prisoner Ahmed Ajaj filed suit against …
Beating Of Ex Federal Prisoner And Snitch Settles For $300,000 by Ex federal prisoner Mark Lang petitioned for a writ of habeas corpus in 1993 and filed subsequent tort action in 1995 for redress after prison officials put him in a cell with a psychiatric patient who severely beat him. …
Article • February 15, 2009
Montana Detention Center May Not House Out Of State, Federal Prisoners by Montana Attorney General Mike McGrath, upon request of Hardin City Attorney Rebecca Convery, issued an opinion that detention center officials lack the authority to contractually house out of state and federal prisoners. A reportedly $20 million detention center …
Second Chance Act Signed Into Law, But Not Yet Funded by Brandon Sample Second Chance Act Signed Into Law, But Not Yet Funded by Brandon Sample On April 9, 2008, President Bush signed the Second Chance Act into law. The Second Chance Act (P.L. 110-199), a bi-partisan effort, was designed …
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