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Article • June 15, 2000 • from PLN June, 2000
U.S. Supreme Court to Revisit Civil Commitment by On March 20, 2000, the U.S. Supreme Court granted Certiorari to the State of Washington appealing a ninth. Circuit order for the district court to hold an evidentiary hearing to determine if the state's civil commitment statute "as applied" to petitioner renders …
Article • June 15, 2000 • from PLN June, 2000
Colorado Prison Population Exploding by Bob Williams Last summer the Executive Director of the Colorado Department of Corrections, John Suthers, announced to the Colorado Legislature that Colorado's male prison population is growing at its fastest rate ever. In fact, at an average of 1.3% per month in the second quarter …
Article • June 15, 2000 • from PLN June, 2000
Filed under: Sentencing, Parole
U.S. Parole Commission Bound by Own Rules by The court of appeals for the Third circuit held that the U.S. Parole Commission (USPC) was bound by its own rules and erred in calculating a prisoner's parole eligibility date. Former CIA agent Edwin Wilson was convicted in 1982 of transporting firearms …
Article • May 15, 2000 • from PLN May, 2000
Testing Testing: Sweat Patch Under Scrutiny by Lara A. Bazelon Sheryl Woodhall a California woman in her late 30s, first lost custody of her four children in 1995, when her youngest tested positive for methamphetamine at birth. The state's Child Protective Services intervened and sent her two older children to …
2003 Washington Legislative Round-up by Lonnie Burton In its 2003 session the Washington leg-islature enacted numerous laws affecting prisoners. Highlights of the most relevant laws are as follows: Regional Jails Substitute House Bill 1609 instructs the Sentencing Guidelines Commission to present a plan by Dec. 31, 2003, for creating "pilot …
Good and Bad News in Haverty Aftermath: No Good Time for Ad-Seg Placement by Phillip Kassel Good and Bad News in Haverty Aftermath: No Good Time for Ad-Seg Placement by Phillip Kassel Last October, the Massachusetts Su-preme Judicial Court held that prisoners may not be maintained in harsh solitary confinement …
Nevada Religious Group Gets Federal Money to Help Prisoners, Delivers Nothing by Nevada Religious Group Gets Federal Money to Help Prisoners, Delivers Nothing by Matthew T. Clarke Alliance Collegiums Association of Southern Nevada (ACASN), a faith-based organization led by black ministers with the stated mission of providing prisoners with support …
Article • May 15, 2000 • from PLN May, 2000
Wrongfully Convicted in California and New York Awarded Damages by Michael Rigby California On April 29, 2003, then California Governor Gray Davis signed legislation awarding two wrongfully convicted prisoners $100 per day for every day they were in prison. Ricky Daye, who spent 10 years in Folsom Prison, and Leonard …
New Mexico Supreme Court Rules in Disciplinary Hearing Remedies by As an issue of first impression, the New Mexico Supreme Court recently held that restoration of lost good-time credits and an order prohibiting another hearing were the proper remedies for a prison disciplinary infraction that violated a prisoner's right to …
PLN in Court by Paul Wright Since PLN started in 1990 we have been censored in prisons and jails around the country. We have always attempted to resolve censorship issues administratively, but in cases where the goal was to keep PLN out of prison at any cost, that obviously wasn't …
Article • May 15, 2000 • from PLN May, 2000
Claim For Prospective Relief Moot Upon Release by Ronald Young The court of appeals for the Tenth circuit held that when a prisoner's claim for perspective injunctive relief regarding conditions of confinement becomes moot, the prisoner's parole or supervised release status does not, absent some exceptional showing, bring that claim …
Article • May 15, 2000 • from PLN May, 2000
Filed under: Sentencing, Habeas Corpus
Post Conviction Update by Reaves, Jr, Walter M by Walter M. Reaves, Jr. This column will address recent decisions which have some impact on post-conviction procedure. The summary is by no means exhaustive, and contains only those decisions which may have some potential impact on defendants pursuing to post-conviction claims. …
Article • May 15, 2000 • from PLN May, 2000
Investigators Probe Ohio Paroles-For-Sale Scam by After receiving a tip from an unidentified informant in June of 1997, Ohio prison officials uncovered evidence of a parole-for-pay scam. While screening prisoner mail, officials read a letter from Grafton Correctional Institution prisoner Bubba Shumate addressed to Lynn Moore, a former Grafton prisoner …
Article • May 15, 2000 • from PLN May, 2000
Loss of Good Time for Kansas SATP Refusal Upheld by Bob Williams Loss Of Good Time For Kansas SATP Refusal Upheld by Bob Williams The Tenth Circuit Court of Appeals has held that even when loss of good time credits are the consequences of refusal to comply with the core …
Article • May 15, 2000 • from PLN May, 2000
BOP Prisoners Eligible for Drug Treatment Without Documented History of Abuse by A U.S. District Court in Oregon found a federal prisoner was eligible for participation in a drug treatment program and a one-year sentence reduction upon successful completion of that program. Martin Kuna, a prisoner at the Federal Correctional …
Article • May 15, 2000 • from PLN May, 2000
California Parole Rescission Panel's Disagreement With Granting Panel Fails The "Some Evidence" Standard by John E Dannenberg California Parole Rescission Panel's Disagreement With Granting Panel Fails The "Some Evidence" Standard by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that a California life prisoner's rescission of his …
Article • April 15, 2000 • from PLN April, 2000
Filed under: Sentencing, Parole
California's No Parole Board by Marvin Mentor With no change in the statutory standards for lifer parole hearings, the CA Board of Prison Terms (BPT) has reduced its rate of parole grants from 50% in 1978 to 0.2% in 1998. In April, 1999, newly elected Governor Davis (who has the …
Article • April 15, 2000 • from PLN April, 2000
Prison Must Provide Medication Supply to Released Prisoners by by Matthew T. Clarke The Ninth Circuit has held that prison officials must provide a supply of medications to prisoners requiring medication when they are released from prison. Timothy Wakefield, a California state prisoner who requires psychotropic medication to control his …
Article • April 15, 2000 • from PLN April, 2000
Warrant Required Despite Private Prison Contract by The Court of Appeals for the Fifth Circuit held that a home detainee's contract with a private confinement company allowing warrantless home searches was invalid under Louisiana law. Therefore, any evidence from a warrantless search of his home was properly suppressed. Joshua Francis …
Article • April 15, 2000 • from PLN April, 2000
$3,000 Awarded in Wrongful Release Suit by On October 29, 1999, the New York court of claims awarded. $3,000 in damages to Frank Nicchio. Nicchio was a New York state prisoner who was wrongly held 30 days past his release date from prison. Nicchio was granted summary judgment on the …
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