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Florida Lawmakers Disband Correctional Medical Authority by The Florida legislature did an end-run around a veto by the Governor by eliminating funding for the state’s prison medical oversight agency, thereby causing it to disband. With Florida turning to private companies to provide prisoner healthcare services, there is concern that medical …
Florida Citizen Fights CCA over Public Records Request by Prison officials tend to frown on public records requests. In fact, employees at a Florida facility operated by Corrections Corporation of America (CCA) were so ruffled by a citizen’s request for records that they called the cops. Joel Chandler, 47, has …
Article • May 15, 2012 • from PLN May, 2012
Arizona Privatizes Health Care in State Prison System by On April 27, 2011, Arizona Governor Jan Brewer signed into law House Bill 2154, which resulted in the privatization of medical care for prisoners in the Arizona Department of Corrections (ADC). The move comes three years after ADC’s food services were …
$1,000 for Ohio Public Record Destruction; Party Must Intend to Obtain Record to Collect by The Ohio Supreme Court held that a party may not prevail on a suit for destruction of public records unless they actually intend to obtain the records in question. In July, 2007, Timothy Rhodes made …
Article • May 15, 2012
Michigan Supreme Court Reverses Its Own Decision Allocating Greater Funding for State’s Public Defender Offices by Derek Gilna By Derek Gilna In an unusual decision, criticized by the American Civil Liberties Union, the Michigan Supreme Court on July 17 reversed itself and threw out a lawsuit that would have required …
Fourth Circuit Reverses Injunction Relating to Publication of Social Security Number on Virginia Land-Transfer Records by Derek Gilna By Derek Gilna The appeal arose from a First Amendment challenge to Virginia's Personal Information Privacy Act, Va. Code Sec. 59.1-442 to 444, part of which prohibits “[i]ntentionally communicat[ing] another individual's social …
Article • May 15, 2012
Filed under: Vermin, News
Connecticut Prison’s Groundhog Extermination Program Outrages PETA, Prisoners & Guards by Connecticut Prison’s Groundhog Extermination Program Outrages PETA, Prisoners & Guards In the unlikeliest of alliances, PETA (People for the Ethical Treatment of Animals), has joined Connecticut prisoners and guards in condemning the "barbaric slaughter” of woodchucks (aka ground hogs) …
Denial of Attorney’s Fees and Costs Reversed in New Hampshire Public Records Suit by The New Hampshire Supreme Court vacated a trial court's denial of costs under the State's "Right-to-Know Law," RSA chapters 91A and 215.A (2001 & Supp 2006). ATV Watch (ATV), a non-profit organization, monitors the use and …
Article • May 15, 2012
Virginia FOIA Inapplicable to State Corporation Commission by The Virginia Supreme Court held that the Virginia Freedom of Information Act (VFOIA) does not apply to the State Corporation Commission (SCC). On May 13, 2009, George H. Christian requested that the SCC produce documents pursuant to the VFOIA. On May 22, …
Article • May 15, 2012
Filed under: News, State Legislation
Washington Impound Law Does Not Bar Conversion Action by The En Banc Washington State Supreme Court held that the statutory process for redeeming impounded vehicles is not an exclusive remedy. As such, the court held that a person whose vehicle is unlawfully impounded may bring a conversion action against the …
Article • April 15, 2012 • from PLN April, 2012
Filed under: News, News in Brief
From the Editor by Paul Wright This month’s cover story on the prevalence of prisoner rape and sexual abuse by prison and jail staff is the third major article of its type PLN has run since 2006. This is in addition to the dozens of articles we publish each year …
Article • April 15, 2012 • from PLN April, 2012
Filed under: News, News in Brief
News in Brief: by California: Former San Quentin prison guard Robert Alioto, 48, pleaded guilty on December 5, 2011 to smuggling drugs into the facility. Alioto was a warehouse supervisor at the prison when he was found with six cell phones and marijuana during a search of his vehicle as …
Article • April 15, 2012 • from PLN April, 2012
Illinois Governor Signs Bill Banning Death Penalty, Commutes All Death Sentences by Matthew Clarke by Matt Clarke On March 9, 2011, Illinois Governor Pat Quinn signed legislation banning the death penalty for state crimes in Illinois. He also commuted the sentences of the state’s 15 death row prisoners to life …
Article • April 15, 2012 • from PLN April, 2012
Filed under: Criminal Prosecution, News
Texas Prison Guard Gets Five Years for Scalding Child by Alex Friedmann On February 29, 2012, former Texas Department of Criminal Justice prison guard Henry Benson III, 31, was convicted by a state court jury of “recklessly” burning a child he was babysitting. Benson, formerly employed at the Connally Unit …
Thousands Referred but Very Few Qualify for Commitment as Sexually Violent Predators in California by Responding to a legislative request, California’s Bureau of State Audits reviewed the process used by the California Department of Corrections and Rehabilitation (CDCR) to refer sex offenders to the Department of Mental Health (DMH) and, …
Article • April 15, 2012 • from PLN April, 2012
Ninth Circuit Holds Prisoners May be Compelled to Provide Blood Samples Under California DNA Act by The Ninth Circuit has held that prison officials may forcibly extract a blood sample from a California prisoner for purposes of compliance with California’s DNA and Forensic Identification and Data Bank Act of 1998 …
Article • March 15, 2012 • from PLN March, 2012
How Victim Rights Shaped Spending, Laws and the Future of Punishment in Colorado by Alan Prendergast Newly elected as a Colorado state representative, Pete Lee hit the Capitol in January 2011 fired up with big ideas. The biggest of them all was the restorative justice bill he introduced shortly after …
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
Filed under: News
Prisons in California, Indiana and New Mexico Go Solar by While solar-powered prisons may be a thing of the future, they have already arrived in California, Indiana and New Mexico, at least at a few facilities. In California the move to go solar is part of a larger effort to …
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