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Article • January 15, 2011 • from PLN January, 2011
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 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 …
Article • January 15, 2011 • from PLN January, 2011
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 …
Article • January 15, 2011 • from PLN January, 2011
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 …
Article • January 15, 2011 • from PLN January, 2011
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 …
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, …
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 …
Article • January 15, 2011 • from PLN January, 2011
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 …
Article • January 15, 2011 • from PLN January, 2011
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 …
Article • January 15, 2011 • from PLN January, 2011
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 …
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 …
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 …
Article • January 15, 2011 • from PLN January, 2011
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 …
Article • January 15, 2011 • from PLN January, 2011
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 …
Article • January 15, 2011 • from PLN January, 2011
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 …
Article • January 15, 2011 • from PLN January, 2011
Capital Appeals Attorney Sentenced to Prison for Theft by David Reutter by David M. Reutter Former Louisiana death penalty defense attorney Jelpi Picou, 49, was sentenced on August 23, 2010 to five years in prison for stealing over $200,000 from a publicly-funded agency he had directed since 2004. Picou was …
Article • January 15, 2011 • from PLN January, 2011
Oregon Federal Halfway House Director Removed Due to Embezzlement by Mark Wilson The executive director of a non-profit transition center for federal prisoners was fired after allegations of embezzlement surfaced in June 2010. The Oregon Halfway House (OHH) is a 75-bed transition center for federal prisoners located in Portland, Oregon. …
Article • January 15, 2011 • from PLN January, 2011
Delaware’s Parole Board Suffers from Infighting by David Reutter by David M. Reutter Internal strife within Delaware’s Board of Parole (Board) has provided ammunition to a move by the governor to abolish the Board. The squabble has resulted in claims that the Board’s chairman is acting without legal authority and …
Article • January 15, 2011 • from PLN January, 2011
Filed under: Searches, Strip Searches
$389,548.55 Total Award in Texas Jail Strip Search Suit by On February 5, 2009, a former jail prisoner in Wood County, Texas was awarded $60,000 by a federal jury after being subjected to an unlawful strip search. She had previously settled claims against the Texas Alcoholic Beverage Commission (TABC) for …
Article • January 15, 2011 • from PLN January, 2011
Washington Supreme Court Holds No Liberty Interest in Sex Offender Release to Community Custody by The Washington Department of Corrections (DOC) may lawfully deny sexually violent predators early release to the community, the Supreme Court of Washington decided August 20, 2009. In so holding, the court concluded that RCW 9.94A.728(2) …
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