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Article • May 15, 1997 • from PLN May, 1997
Ninth Circuit Affirms BOP Sentence Reductions by The court of appeals for the ninth circuit affirmed a district court granting of habeas relief to a federal prisoner who had been denied a one year sentence reduction after completing a drug treatment program. This also implicates two other district court cases …
Article • April 15, 1997 • from PLN April, 1997
US Supreme Court: Florida Gain Time Statute Violates Ex Post Facto by Paul Wright On February 19, 1997, a unanimous United States Supreme Court held that the revocation of previously granted good time credits violates the ex post facto provision of the United States constitution. The Court held that subjective …
Article • October 15, 1996 • from PLN October, 1996
Extending Release Date Violates Eighth Amendment by A federal district court in Illinois held that the eighth amendment is violated when a prisoner is held almost two years past his release date. Don Campbell, an Illinois state prisoner, was released from prison in 1986 to serve a two-year term of …
Article • October 15, 1996 • from PLN October, 1996
Indigents Entitled to Full Credit for Pretrial Detention by The court of appeals for the tenth circuit held that a defendant who is incarcerated prior to trial due to indigency (unable to afford bail) must be given full credit towards the minimum and maximum sentences he is convicted of. James …
Challenging Evil That Ills This Society by Ed Kinane The September 1995 New York State Prison Strike [The following is reprinted from Peace Newsletter, 3/96.] Musaa has served 13 years of a 20 year sentence in the NYS penal system. He has earned three degrees with an emphasis on political …
Article • August 15, 1996 • from PLN August, 1996
5th Circuit Bars Ad Seg Claims by The court of appeals for the fifth circuit has held that in the wake of Sandin v. Connor, 115 S.Ct. 2293 (1995) administrative segregation does not constitute a deprivation of any constitutionally protected liberty interest. Rolando Pichardo is a Texas state prisoner. Prison …
U.S. Supreme Court to Review Cases by Washington Disc. Case On April 29, 1996, the US Supreme Court announced it would hear an appeal by Washington state prison officials involving a prisoner's challenge to the loss of good time during a prison disciplinary hearing. Jerry Balisok filed suit under 42 …
Prison Litigation Reform Act Passed by Paul Wright On April 27, 1996, president Clinton signed the Prison Litigation Reform Act (PLRA) into law attached as a rider to the budget for the Justice Department. The PLRA is the culmination of a lengthy campaign waged by prisoncrats and the National Association …
Article • June 15, 1996 • from PLN June, 1996
Filed under: Sentencing, Good Time
Washington Supreme Court Upholds Discriminatory Earned Time Policy by The Washington state supreme court has upheld a practice by county jails awarding lesser amounts of earned time to pretrial detainees, usually too poor to afford bail, who are later convicted. Pursuant to RCW 9.94A.150(l) the DOC, which holds convicted felons, …
Article • June 15, 1996 • from PLN June, 1996
Mississippi Unable to Pay the Piper by Last year Mississippi implemented the country's toughest sentencing bill, requiring all convicts (not just 'serious" or violent" criminals) to serve 85 percent of their sentences. Corrections Commissioner Steve Puckett said that law is causing a serious financial dilemma and needs to be reviewed. …
Article • June 15, 1996 • from PLN June, 1996
Washington Prisoners Have No Right to Earned Time by The state court of appeals for Division III has held that Washington state prisoners have no constitutional or statutory right to be allowed to earn "earned time" credits. Dagoberto Galvez was placed in administrative segregation where he was not allowed to …
Washington Prisoners Have Liberty Interest in Good Time by The court of appeals for the ninth circuit has ruled that Washington state prisoners retain a state created due process liberty interest in not losing their good time credits unless they are provided with due process at a disciplinary hearing. It …
Article • February 15, 1996 • from PLN February, 1996
Filed under: Sentencing, Good Time, Parole
ISRB Can't Change Rules to Avoid Compliance with Court Order by ISRB Can't Change Rules to Avoid Compliance with Court Order The Washington state supreme court held that the Indeterminate Sentence Review Board (ISRB, AKA the parole board), could not retroactively amend its regulations in order to deny prisoners relief. …
Texas Anti-Litigation Law by Dan Pens In its 1995 session, the Texas legislature passed a bill that amends and modifies Subchapter B, Chapter 15 of the Civil Practice and Remedies Code, purportedly to combat "frivolous or malicious litigation filed by inmates." By now PLN readers should be familiar with this …
Article • December 15, 1995 • from PLN December, 1995
Florida Repeal of Earned Time Law Upheld by In 1988 the Florida state legislature enacted Fla.Stat. § 944.277 (1988) which extended the amount of gain-time awarded to prisoners. This was one of several statutes enacted by the Florida legislature in order to maintain the Florida prison population within the limits …
Article • October 15, 1995 • from PLN October, 1995
FL Enacts More Anti-Prisoner Laws by On June 14, 1995, several laws affecting prisoners were passed into law without the signature of Governor Lawton Chiles. Under this legislation prisoners convicted after October 1, 1995, must serve at least 85% of their sentences in prison. Other laws will expand the prison …
Article • October 15, 1995 • from PLN October, 1995
U.S. Supreme Court: Time on Bail Doesn't Count by The US supreme court has held that the time a defendant spends "released" on bail doesn't count towards completion of his/her sentence even if the "release" is under highly restrictive conditions that are tantamount to jail. Ziya Koray was charged with …
Article • September 15, 1995 • from PLN September, 1995
IL Change in Good Time Statute Unlawful by On December 22, 1994, the Illinois state supreme court held that an Illinois statute eliminating certain categories of prisoners from those eligible to early good conduct credit at an accelerated rate violates the state and federal constitutions when applied retroactively. The primary …
WA Passes Record Anti-Prisoner/Defendant Legislation by Paul Wright By Paul Wright In the March, 1995, issue of PLN I gave a rundown on most of the anti-prisoner and defendant legislation then pending in the legislature. After we had gone to press for that issue Ida Ballasiotes, the rabid chair of …
Article • July 15, 1995 • from PLN July, 1995
Confinement Claim Barred by Res Judicata by The May, 1995, issue of PLN reported on Rooding v. Peters. 864 F. Supp. 732 (ND IL 1994) in which the court found unconstitutional an Illinois DOC policy which required prisoners to serve at least 60 days in an IDOC facility, even if …
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