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Article • November 15, 1999 • from PLN November, 1999
California Governor Vetoes Parole Reform Bill by California Governor Gray Davis vetoed a bill that would have diverted "low-risk" parole violators into community-based programs rather than send them back through a "revolving door" to an already overcrowded state prison system. Some critics call the veto quid pro quo for the …
Article • November 15, 1999 • from PLN November, 1999
California Illegally Dumps Parole Records by Willie Wisely by W. Wisely California Department of Corrections prisoncrats were caught illegally dumping confidential documents about parolees in a dumpster near the new Metreon entertainment center in San Francisco, according to Michael Taylor's June 19, 1999 article in the San Francisco Chronicle. Some …
Article • November 15, 1999 • from PLN November, 1999
Probable Cause Hearing Delay Actionable by Ronald Young The court of appeals for the Seventh circuit held that the fact issue as to whether an arrestee's detention without a probable cause hearing resulted from the sheriff's deliberate decision not to monitor detainees brought to jail by outside agencies precluded summary …
Article • October 15, 1999 • from PLN October, 1999
Filed under: Sentencing, Habeas Corpus
Feds Not Obligated to Accept State-Ordered Concurrent Sentence by Ronald Young By Ronald Young The court of appeals for the Seventh circuit held that a California state court's designation of a prisoner's sentence as concurrent with his prior federal sentence created no obligation on the U.S. Attorney General to provide …
Article • October 15, 1999 • from PLN October, 1999
BOP Sentence Reduction Exclusion Based on INS Detainer Upheld by Ronald Young By Ronald Young The court of appeals for the Ninth circuit held that the Bureau of Prisons' (BOP) regulation conditioning a sentence on completion of a community-based treatment program was a reasonable and permissible construction of the statute …
Article • October 15, 1999 • from PLN October, 1999
Georgia Parole Regulation Still Ex Post Facto by The U.S. court of appeals for the Eleventh Circuit held that the retroactive application of an amendment to the Georgia parole regulations, changing the frequency of required parole reconsideration hearings, continues to violate the Ex Post Facto Clause of the federal constitution. …
Article • September 15, 1999 • from PLN September, 1999
Federal Parolee Has Right to Hearing Under 18 USC § 4211(a)(2) by Federal Parolee Has Right to Hearing Under 18 USC § 4211(a)(2) The Seventh Circuit court of appeals has held that a pre-Guidelines federal parolee has the right to a hearing under 18 U.S.C. § 4211(a)(2), five years after …
Article • September 15, 1999 • from PLN September, 1999
Liberty Interest in Erroneous Parole Release by Ronald Young The court of-appeals for the Fourth circuit held that a parolee's interest in his continued liberty crystallized during his two years of successful parole, even though he had been released in error, requiring strict scrutiny of the State's intentional infringement of …
Franklin Reversed; DC Prisoners Have No Right to Qualified Interpreters by The court of appeals for the D. C. Circuit held that Spanish-speaking prisoners have no right to qualified interpreters at parole hearings, disciplinary hearings, or for medical and mental health treatment. Spanish-speaking prisoners in the District of Columbia (District) …
Article • August 15, 1999 • from PLN August, 1999
No Liberty Interest in Illinois Parole Laws by The court of appeals for the Seventh circuit held that Illinois prisoners have no liberty interest in parole. In doing so, the court overruled a prior ruling that had held otherwise. Two Illinois state prisoners filed a habeas corpus petition in federal …
Warden Used "Force" in Sexual Assault by Warden Used "Force" in Sexual Assault Walter Lucas was Acting Warden of the River County Jail in River City, Mississippi, when he asked a male prisoner to act as lookout so that he could take care of some "business" with a female prisoner …
Article • August 15, 1999 • from PLN August, 1999
BOP Erred in Denying Early Release Eligibility by Afederal disctrict court in Oregon granted habeas corpus relief to two federal prisoners who challenged the Bureau of Prisons' (BOP) denial of early release eligibility. In 1994 Congress enacted the Violent Crime Control and Law Enforcement Act which amended 18 U. S. …
AA Probation Requirement Continues to Violate Establishment Clause by In a long running case, the court of appeals for the Second circuit held that requiring an atheist to attend Alcoholics Anonymous (AA) meetings as a probation condition, violates the establishment clause of the First amendment to the U.S. constitution. Robert …
Article • July 15, 1999 • from PLN July, 1999
Federal Habeas Not Subject to PLRA by The court of appeals for the Fifth circuit held that 28 U.S.C. § 2241 habeas petitions are not subject to the filing fee provisions of the Prison Litigation Reform Act (PLRA). Samuel Davis, a federal prisoner, filed a writ of mandamus to compel …
Article • July 15, 1999 • from PLN July, 1999
No Suspicion Required for California Parolee Searches by The California supreme court held that no suspicion of any wrongdoing is required for the warrantless searches of the homes and property where California parolees reside. Rudolfo Reyes was a California parolee. As a condition of his parole Reyes had signed a …
Article • July 15, 1999 • from PLN July, 1999
Liberty Interest in Parole-Required Custody Classification by Liberty Interest In Parole-Required Custody Classification A federal district court in Massachusetts held that depriving a prisoner of eligibility for minimum security classification, when it's a necessary prerequisite for parole consideration, violated the prisoner's equal protection right to be treated as other prisoners …
Article • July 15, 1999 • from PLN July, 1999
Kansas Good Time Forfeiture Violates Ex Post Facto by The Kansas court of appeals held that the retrospective application of a new prison rule governing the forfeiture of good time credits violated the Ex Post Facto Clause when the rule took effect after the prisoner's crime was committed and it …
Article • July 15, 1999 • from PLN July, 1999
Filed under: Sentencing, Habeas Corpus
BOP Erred in Running State Sentence Consecutive to Federal Sentence by Afederal district court in Oregon granted a federal prisoner's petition for habeas corpus, ordering his immediate release from confinement. The court held that the federal Bureau of Prisons (BOP) improperly treated the prisoner's concurrent California state sentence as consecutive …
Article • June 15, 1999 • from PLN June, 1999
Washington Parole Officer Blown Up by On January 26, 1999, Tom Perrine, a Community Corrections Officer (AKA parole officer), for the Washington Department of Corrections, was blown up by a trip wire bomb planted in the carport of his Montesano home. Perrine was leaving for work when he saw a …
Juveniles Held Hostage for Profit by CSC in Florida by Alex Friedmann According to a consultant hired by the Florida Department of Juvenile Justice, the Pahokee Youth Development Center (Juvenile prison) operated by the Correctional Services Corporation (CSC) kept ten juvenile detainees beyond their release dates for no other reason …
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