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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 …
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. …
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