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Article • January 15, 2003 • from PLN January, 2003
Book Review: From Prison to Home by Roger Hummel by Jeremy Travis, Amy Solomon and Michelle Waul Justice Policy Center, the Urban Institute, Washington DC, 2001, 56 pages, paper Review by Roger Hummel In a remarkable new book from the Urban Institute's Justice Policy Center, the dimensions of prisoner reentry …
Los Angeles County Settles Overdetention Suits for $27 Million by John E Dannenberg by John E. Dannenberg In the largest legal settlement in its history, the Los Angeles County Board of Supervisors agreed in May, 2002 to pay $27 million to compensate 400,000 former jail prisoners who had been held …
California's Parole Revocation System Violates Due Process by John E Dannenberg by John E. Dannenberg In a class action civil rights case, the United States District Court (E.D. Calif.) held that California's parole revocation system violates procedural due process of law because it does not provide for a preliminary hearing …
Article • January 15, 2003 • from PLN January, 2003
Sentence Commuted for Sexually Assaulted New Mexico Prisoner by Sentence Commuted For Sexually Assaulted New Mexico Prisoner On May 30, 2002, New Mexico governor Gary Johnson (R) commuted the sentence of Belinda Dillon, a prisoner at the New Mexico State Women's Correctional Facility. The commutation came after several guards at …
Article • January 15, 2003 • from PLN January, 2003
Filed under: Sentencing, Good Time
Ninth Circuit Upholds BOP's Prorated Good Time Formula by Ninth Circuit Upholds BOP'S Prorated Good Time Formula The Ninth Circuit Court of Appeals held that the Bureau of Prisons' (BOPS') application of good time credits on a prorated basis during the final year of confinement is a reasonable interpretation of …
Article • January 15, 2003 • from PLN January, 2003
Filed under: Sentencing, Parole
USPC Parole Revocation Policies Violate Due Process by David Reutter by David M. Reutter A federal district court for the Dis-trict of Columbia has granted injunctive relief to prisoners challenging the United State Parole Commissions (USPC) unconstitutional policies, which unduly delay revocation of parole proceedings. The USPC assumed the powers, …
Brutal Jail Conditions Warrant Reduced Federal Prison Sentence by A federal court judge granted a defendant's request for a reduced prison sentence based upon the abject conditions of pre-sentence confinement in a New York Jail. Elvin Francis came before a U. S. District Court where he pled guilty to illegal …
Article • December 15, 2002 • from PLN December, 2002
Washington Sex Offender Community Placement Dilemma by Roger Smith When "high-risk" sex offenders are released from Washington State prisons their pictures, names, addresses, and offenses are broadcast on the local news. Armed with that information, angry neighbors often drive them from the communities they're released to. With no one willing …
Article • December 15, 2002 • from PLN December, 2002
Filed under: Sentencing, Parole
Texas Cannot Use Enhancement to Deny Mandatory Supervision by The Court of Criminal Appeals of Texas has held that the fact that a felony has been enhanced to a higher degree felony cannot be used to deny a prisoner mandatory supervision release (MSR). Nathaniel Elbert Coleman, a Texas state prisoner, …
Article • December 15, 2002 • from PLN December, 2002
The Unmourned Death of Felony Murder by Assault in Washington by David Zuckerman by Suzanne Lee Elliott and David B. Zuckerman For at least 36 years, Washington has permitted defendants to be convicted of felony murder in the second degree when the underlying felony is assault. Prisoners rightly complained that …
Article • December 15, 2002 • from PLN December, 2002
Jail Over Detention From Lack of Release Policy Actionable Under Section 1983 by An Indiana county jail's lack of policy for the eventual release of detainees arrested pursuant to a Body Attachment raised sufficient facts to defeat the sheriff's motion for summary judgment, thus allowing an overdetained prisoner's civil rights …
Article • December 15, 2002 • from PLN December, 2002
Filed under: Sentencing, Good Time
Good Time Allowed on Washington Weapon Enhancements by Sam Rutherford The Washington Supreme Court recently held that prisoners are entitled to good time credits for time served in presentence detention, even if they receive a firearm or other deadly weapon sentence enhancement following conviction. Understanding the Court's ruling first requires …
Article • December 15, 2002 • from PLN December, 2002
Colorado Sex Offenders Freed from Mandatory Parole by Bob Williams In one of the most criticized and widely reported rulings in Colorado history, the state Supreme Court has held that the state's mandatory parole laws do not apply to sex offenders whose crimes were committed on or after July 1, …
Article • December 15, 2002 • from PLN December, 2002
Filed under: Sentencing, Parole
Texas May Not Revoke Parole Without a Hearing by The Texas Court of Criminal Appeals has held that the Texas Board of Pardons and Parole's (BPP's) policy of revoking the parole of a parolee in an Intermediate Sanctions Facility (ISF) without a hearing was unconstitutional. Kevin Todd Catham, a Texas …
Article • November 15, 2002 • from PLN November, 2002
Mexico Bars Extradition of Criminals Facing Life Sentences by A ruling by the supreme court of Mexico has blocked the extradition of more than 70 murderers, drug smugglers and organized crime figures who face life sentences in U.S. prisons. The high court's decision, handed down in October 2001 and published …
Article • November 15, 2002 • from PLN November, 2002
Prison Disciplinary Boards Not "Courts" for Habeas Corpus Purposes by Prison Disciplinary Boards not "Courts" for Habeas Corpus Purposes The Seventh Circuit Court of Appeals has held conclusively that prison disciplinary boards lacking a true judicial review process are not "courts" within the meaning of 28 U.S.C. §2254(d), as amended …
Article • November 15, 2002 • from PLN November, 2002
Bureau of Justice Statistics Analyzes Parole Trends by The Bureau of Justice Statistics has issued a report analyzing changes in parole and the resulting effects. The report compared the two types of parole releases (discretionary and mandatory) and their effects on parole populations in the United States. Discretionary parole is …
Article • October 15, 2002 • from PLN October, 2002
Filed under: Sentencing, Good Time, Parole
Washington Good Time Depends on When Crime Occurred by A Washington state appeals court held that the amount of good time credits a prisoner received depended on when the underlying crime occurred, in a case where the good time available to prisoners convicted of certain offenses had changed. Washington, like …
Article • October 15, 2002 • from PLN October, 2002
Credit for Time Served Required in Idaho Commute to Work Release by The Idaho Court of Appeals has held that a judge does not have discretion to disallow credit for time served when commuting a prison sentence to a work release program. Jason Albertson was sentenced to three years in …
Habeas Hints: Editor's Choice by Kent Russell This column is intended to provide habeas hints for prisoners who are considering or handling habeas corpus petitions as their own attorneys. The focus of the column is habeas corpus practice under the AEDPA, the 1996 habeas corpus law which now governs habeas …
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