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California Third-Level Administrative Appeals May Be Filed with Prison Appeals Coordinator by John Dannenberg by John E. Dannenberg The Solano County Superior Court ordered that when a California Department of Corrections (CDC) prisoner files a third (Director) level administrative appeal, he need not mail it via U.S. Mail to the …
Article • August 15, 2006 • from PLN August, 2006
Filed under: Sentencing, Parole
Ohio Pre-S.B. No. 2 Indeterminately Sentenced Prisoners Who Took a Plea are Entitled to Meaningful N by John E Dannenberg Ohio Pre-S.B. No. 2 Indeterminately Sentenced Prisoners Who Took a Plea are Entitled to Meaningful New Parole Hearings by John E. Dannenberg The Ohio State Court of Appeals, Tenth Appellate …
Ninth Circuit Holds Prisons Not Immune In ADA and RA Suit by The Ninth Circuit Court of Appeals held that state prisons are not entitled to Eleventh Amendment immunity from suits brought by prisoners under the Americans with Disabilities Act (ADA). Billy Ray Phiffer, an Oregon state prisoner, filed suit …
Alabama Clarifies Prisoners Right to Call Witnesses At Disciplinary Hearing by Matthew T. Clarke Alabama Clarifies Prisoners Right to Call Witnesses At Disciplinary Hearing by Matthew T. Clarke The Court of Criminal Appeals of Alabama held that prison officials may not use excuses such as off duty or unable to …
RLUIPA Bars Total Ban on Melanic Literature by A Michigan federal district court has entered an injunction that bars the Michigan Department of Corrections (MDOC) from continuing a total ban on Melanic literature, requiring MDOC officials to screen such literature to ensure prohibited materials are prevented entry into MDOC prisons. …
Article • August 15, 2006 • from PLN August, 2006
Filed under: Sentencing, Good Time
California Supreme Court Resolves Conflict From Concurrent Sentences With Different Credit Earning R by John Dannenberg California Supreme Court Resolves Conflict From Concurrent Sentences With Different Credit Earning Rates by John E. Dannenberg The California Supreme Court held that when a prisoner is sentenced to two concurrent prison terms, the …
Article • August 15, 2006 • from PLN August, 2006
Filed under: Sentencing, Parole
Washington Courts Authority to Order Community Custody Limited by Washington Courts Authority to Order Community Custody Limited A Washington Appeals Court has held that an amended statute limits a trial courts ability to sentence criminal defendants to community custody in only specified offenses. The matter was on appeal after a …
Prisoner Rape Is Torture by Stop Prisoner Rape The U.S. has arrived at a critical moment of truth in addressing the sexual violence that plagues its prisons and jails. The failure of Departments of Corrections nationwide to prevent sexual abuse behind bars and to adequately respond to those who have …
Article • August 15, 2006 • from PLN August, 2006
Ohio Woman Raped by Guard Awarded $625,000 by On September 15, 2005, a federal jury in Columbus, Ohio, awarded $625,000 to a woman who was fondled and digitally raped by a guard at the Ohio Reformatory for Women (ORW). In November 1996, while serving a 1-year sentence at ORW for …
Michigan DOC Improperly Calculated Sentences and Released Prisoners; Officials Fired and Demoted by Gary Hunter Prisoner release procedures in the Michigan Department of Corrections (DOC) suffer from serious flaws, according to the Intake Processing Unit (IPU). The IPU undertook an audit and review of the way the DOC determined prisoner …
Article • August 15, 2006 • from PLN August, 2006
California Valdivia Attorneys Awarded $6.5 Million For 12 Years Work by John E Dannenberg by John E. Dannenberg The attorneys who labored twelve years to overturn the California Department of Corrections and Rehabilitation's unconstitutional practice of snatching parolees off the streets and incarcerating them without due process of law [i.e., …
Problems Continue In Maryland Prisons and Jails by Michael Rigby A battle is raging in Maryland over how best to improve prison safety. Some advocate hiring more guards and medical personnel. Others want to expand prisoner rehabilitation services. Neither side seems to be considering the possibility that both are needed. …
Article • August 15, 2006 • from PLN August, 2006
Filed under: Work, Prison Industries
Pennsylvania Correctional Industries Overcharges Customers, Stockpiles Cash, Fails Mission by Matthew T. Clarke On September 13, 2005, Jack Wagner, the Pennsylvania Auditor General issued a report on his audit of Pennsylvania Correctional Industries (PCI). The audit covered, the period of July 1, 2000, through February 18, 2005, and was generally …
$100,000 Settlement For Black Oklahoma Prisoner Beaten By White Prisoners by Creek County, Oklahoma, has paid $100,000 to a black man who was severely beaten by a group of white prisoners in the county jail. Rameses Gibbs, a black man, was arrested on November 22, 2001, on a misdemeanor charge …
Article • August 15, 2006 • from PLN August, 2006
Georgia Prisoner Beaten By Guard Awarded $22,000 by On October 19, 2005, a federal jury awarded $22,000 in damages to a Georgia prisoner who was beaten by a guard. Plaintiff Larry Hudson, 45, claimed that on March 7, 2002, while confined in disciplinary segregation, he became involved in a verbal …
Article • August 15, 2006 • from PLN August, 2006
Texas State Representative Criticized For Helping Prisoners and Families by Matthew T. Clarke Texas Representative Terri Hodge has been taking heat for (gasp!) helping prisoners and their families, in other words--for doing her job. Hodge is accused of the following: (1) helping arrange rare face-to-face meetings between parole-eligible prisoners and …
Article • August 15, 2006 • from PLN August, 2006
Texas Politicians Provided Perks Using Prisoner Slave Labor by Matthew T. Clarke Texas Correctional Industries (TCI), the industrial division of the Texas prison system, has been operating as a cut-rate, custom craft-goods supplier for dozens of Texas legislators. One politician furnished his new home with prisoner made goods. The goods …
Article • August 15, 2006 • from PLN August, 2006
Bubble-Gum Computers in Washington State DOC by Gary Hunter Bubble-gum-and-baling-wire operation....a risk to public safety over the long term. That's how Rep. Glenn Anderson, R-Fall City, Washington, described the state prisons current computer system. "Its a disaster. Its been a disaster for a long time", agreed state Rep. Ross Hunter, …
Article • August 15, 2006 • from PLN August, 2006
$475,000 Settlement In California Suicide Suit by On December 20, 2005, the county of San Mateo, California, agreed to pay $475,000 to settle a wrongful death lawsuit involving a mentally ill woman who committed suicide in the county jail. Angela Ramirez, 23, was imprisoned at the Women's Correctional Center after …
Article • August 15, 2006 • from PLN August, 2006
California Prison Guards Overtime Doubles to $277 Million by California Prison Guards Overtime Doubles to $277 Million The total California Department of Corrections and Rehabilitation (CDCR) guard overtime pay in 2005 of $277 million was twice that of 2004. CDCR's 30,000 prison guards averaged $72,000 for the year, gaining about …
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