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Article • March 15, 2012 • from PLN March, 2012
Filed under: News, News in Brief
News in Brief by Alabama: In October 2011, Limestone County Sheriff Mike Blakely said he would not be rounding up sex offenders at Halloween to ensure they don’t hand out candy to children. He stated he didn’t have the authority and lacked the man-power to conduct such an operation, and …
California Syndicalism Statute Not an Act of Congress; Appeals Court Injunction Reversed by The U.S. Supreme Court determined that California Criminal Syndicalism statute stands short of an Act of Congress. John Harris was indicted in a California state court of violating California’s Criminal Syndicalism statute (see Cal. Penal code § …
Supreme Court Boots Challenge to SORNA by The U.S. Supreme Court has dismissed an Ex Post Facto Clause challenge to the federal Sex Offender Registration and Notification Act (SORNA). In a per curium opinion handed down on June 27, 2011, the Court found that an unnamed Montana juvenile’s claims were …
Article • February 15, 2012 • from PLN February, 2012
Filed under: News, News in Brief
News in Brief: by Alabama: Jonathan Windham, 24, was acquitted of manslaughter on October 4, 2011 in connection with the January 2009 death of Northwest Florida Reception Center prison guard Timothy Fowler. Fowler had an altercation with Windham over a card game, and Windham hit him in self-defense. Medical evidence …
Sovereign Immunity Withstands RLUIPA; Jewish Succah may be Permissible Religious Exercise by Sovereign Immunity Withstands RLUIPA; Jewish Succah May be Permissible Religious Exercise by David M. Reutter The Religious Land Use and Institutionalized Persons Act (RLUIPA) does not waive a state’s Eleventh Amendment sovereign immunity from suit for monetary damages. …
Article • February 15, 2012
Florida: Legislature's Attempt to Shift Overhead Costs of Appointed Counsel for Indigents from State to Counties Deemed Unconstitutional by The Florida Supreme Court has held that section 19 of chapter 2007-62, Laws of Florida, impermissibly shifts responsibility for funding overhead costs of court-appointed counsel from the state to the counties, …
Florida Provides Lesson in How Not to Privatize State Prisons by David Reutter by David M. Reutter When Florida lawmakers used a backdoor approach to try to privatize almost 30 state detention facilities in 2011, they likely did not anticipate the outcome. By the time the political dust had settled, …
Fight Brewing Between County Jails and Private Prisons in Kentucky by A bill introduced in the Kentucky legislature proposed removing approximately 3,500 Class D state prisoners currently held in county jails and transferring them to private prisons owned and operated by Corrections Corporation of America (CCA). Opponents claimed the bill …
Some States Resist Implementing Adam Walsh Act Requirements by Under the federal Adam Walsh Act, also known as the Sex Offender Registration and Notification Act (SORNA), states were required to implement standardized and stringent registration requirements for sex offenders by July 27, 2011 – following two extensions from the original …
Article • January 15, 2012 • from PLN January, 2012
Filed under: Overcrowding, News
Budget Crisis Closes Oregon Prison for First Time in 159 Years by Oregon prison officials recently proved that desperate times truly do call for desperate measures, as the state closed a prison for the first time since opening its first correctional facility in 1851 – nine years before Oregon became …
Article • January 15, 2012 • from PLN January, 2012
Oregon Prisoner Property Claims Cost State $60,000 Annually by On average, Oregon prison officials pay about $60,000 a year due to prisoner property claims, according to an internal audit of the Oregon Department of Corrections (ODOC). The state spends far more than that amount defending against such claims in court. …
Article • January 15, 2012 • from PLN January, 2012
Filed under: News, News in Brief
News in Brief: by California: On October 6, 2011, a San Quentin warehouse supervisor was fired following his arrest on suspicion of conspiracy, requesting or accepting bribes, and smuggling marijuana and cell phones to prisoners. Robert Alioto, 48, was freed on bond; he pleaded guilty on December 5, 2011 and …
Article • December 15, 2011 • from PLN December, 2011
Ohio Adam Walsh Act Violates Separation of Powers Doctrine by Provisions of Ohio’s Adam Walsh Act (AWA) that require the reclassification of sex offenders by the Ohio Attorney General violate the separation of powers doctrine, the Ohio Supreme Court decided on June 3, 2010. In 2006, Congress passed the federal …
Article • December 15, 2011 • from PLN December, 2011
Filed under: News, News in Brief
News in Brief: by Alabama: Evergreen police officer Sean Klaetsch was placed on paid leave on Sept. 8, 2011 due to “complaints of unprofessional and harassing conduct.” That conduct included Klaetsch allegedly using a Taser on a female prisoner while she was in a restraint chair at the local jail. …
New York’s Sex Offender Civil Commitment Program Proves Expensive, Problematic by Matthew Clarke by Matt Clarke At an annual cost of $175,000 per civilly-committed sex offender, New York’s civil commitment program is the second most expensive in the country (Washington state is first at a cost of $177,000 per prisoner). …
Article • November 15, 2011 • from PLN November, 2011
Ninth Circuit Rules California’s Proposition 115 Not Unconstitutional by The Ninth Circuit held that California’s Proposition 115, known as the Crime Victims Justice Reform Act, does not violate a defendant’s Sixth Amendment right to confront the witnesses against him. Adopted by California voters in 1990, Prop. 115 added constitutional and …
Article • November 15, 2011 • from PLN November, 2011
Filed under: News, News in Brief
News In Brief: by California: A woman believed to have robbed as many as 20 banks in Montana, Oregon and Washington while wearing wigs, which earned her the nickname “Bad Hair Bandit,” turned out to be a former prison nurse. Cynthia Van Holland, 47, was arrested on August 15, 2011 …
Article • November 15, 2011
False Claims Act’s Seal Provisions Held Unconstitutional by The Seal provisions of the False Claims Act (FCA) do not violate the First Amendment, the U.S. Court of Appeals for the Fourth Circuit decided March 28, 2011. The FCA allows private citizens to bring suit on behalf of the United States …
Article • November 15, 2011
New York Sex Offender Commitment Proceedings Permitted against Unlawfully Detained by New York’s highest court held that the legality of a prisoner’s custody is irrelevant in ascertaining whether he or she is a “detained sex offender” in considering involuntary commitment of a prisoner under Article 10 of the Mental Hygiene …
Article • November 15, 2011
Washington State Patrol Must Unconditionally Disclose Collision Information by The Washington State Court of Appeals held that the Washington State Patrol (WSP) must disclose records about traffic accidents in specific locations (collision records) following a public records request without first requiring the requester to sign a statement that the records …
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