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Unsupported Penile Plethysmograph Testing as Condition of Release Rises to Due Process Violation, Creates Liberty Interest by The Ninth Circuit U.S. Court of Appeals held that arbitrarily imposing a penile plethysmograph [electromechanical gauge of male sexual stimulation] testing requirement as a condition of supervised release for a sex offender violates …
$100 Million In Restitution Fines Collected From California Prisoners Since 1992 by In an April 26, 2007 speech at the National Crime Victims? Rights Week in southern California, Governor Schwarzenegger announced that over $100 million had been collected from prisoners since 1992 in the form of court-ordered restitution fines. ?If …
Article • October 15, 2007 • from PLN October, 2007
Filed under: Sentencing, Probation
Probation Condition Restricting Pets at Residence Held Overbroad by The California Court of Appeal, District 4, held that a probation condition requiring informing a probation officer of any pets in the probationer?s residence was invalid because it was overbroad. Reyes Quintero pled guilty to methamphetamine possession and was sentenced to …
Article • October 15, 2007 • from PLN October, 2007
Filed under: Sentencing, Good Time, Parole
Absence of Parole Revocation Administrative Appeal Process Entitles Prisoner to Trial Court Determination of Custody Credits by John Dannenberg by John E. Dannenberg The California Court of Appeal, Sixth District, held that when a parolee both violated parole and committed a new offense, and disputed his parole revocation hearing findings …
California’s Solution To Prison Overcrowding: $7.4 Billion To Build 53,000 New Beds by Marvin Mentor California's Solution To Prison Overcrowding: $7.4 Billion To Build 53,000 New Beds by Marvin Mentor Faced with three federal judges threatening to place a population cap on California's overcrowded prison system, the state Legislature and …
Brief • October 12, 2007
Filed under: Employee Litigation
Madrid v. Tilton, CA, Special Masters Final Report, CDCR, Employees Investigation, 2007
Article • September 15, 2007 • from PLN September, 2007
California DOC Finally Discloses Some Records In $4.1 Billion Of Public Contracts by John Dannenberg by John E. Dannenberg Four years after California?s Department of General Services (DGS) ordered the Department of Corrections and Rehabilitation (CDCR) to publicly post details on $4.1 billion worth of contracts, CDCR complied in late …
California Contract Healthcare Management Firm Locked Out; Fees Withheld; by John Dannenberg State Officials Resign by John E. Dannenberg California?s federal receiver over prison healthcare, Robert Sillen, took umbrage with Florida-based private contractor Medical Development International (MDI) by withholding $2.6 million in fees and locking MDI out of two southern …
Management & Training Corp. Struggles to Maintain Market Share by Gary Hunter For-profit private prison operator Management & Training Corporation (MTC) has recently lost lucrative contracts to run prisons in the United States and Canada. While the private prison industry is dominated by industry giants Corrections Corporation of America, Geo …
Article • September 15, 2007 • from PLN September, 2007
California: Disciplinary Conviction Upheld Where Petitioner Argued Only Violation of Constitutional Rights, Not State Law Rights by John Dannenberg Strictly construing the U.S. Supreme Court's "some evidence" rule, the California Court of Appeal held that where one cellmate had secreted contraband razor blades in his cell property, his cellmate could …
Article • September 15, 2007 • from PLN September, 2007
California Sexual Predator Commitment Requires Trial; Cannot be Based on Civil Discovery Admissions by The California Court of Appeal, District 4, held that the civil commitment of sexual predators (Cal. Welfare and Institutions Code § 6600 et seq.) cannot be obtained upon admissions propounded under civil discovery rules. To do …
Brief • September 1, 2007
Multi-ethnic Immigrant Workers Organizing Network v. City of Los Angeles, CA, Guzman Class Rep Declaration, McArthur Park Excessive Force, 2007 1 2 DECLARATION OF NOEL GUZMAN RE: CLASS REPRESENTATIVE DUTIES 3 I, Noel Guzman, declare: 4 1. 5 following facts. 6 2. I am over the age of eighteen. I …
Wrongfully Imprisoned California Man Awarded $18 Million by On February 15, 2006, a federal jury in California awarded $18 million to a man who was wrongly charged with sexual assault of a child and imprisoned for 10 months. During his false imprisonment in the Los Angeles County Jail, Ramirez, 26, …
Quadriplegic California Prisoner Baked to Death in Transport Van by A California state prisoner being transferred in 109-degree weather from a Central Valley prison to a remote desert facility baked to death in the back of a transport van after the air conditioning in the passenger section of the vehicle …
Article • August 15, 2007 • from PLN August, 2007
Shackling at California Jury Trial, Without Justifying Need, Is Reversible Error by A California state prisoner who was convicted of possessing drugs in his cell had his jury conviction reversed because the trial court had not determined the necessity of his being tried in chains and prison garb. Melvin Simmons, …
Monterey County Grand Jury Report Blasts Two California Prisons by Marvin Mentor In its 2006 report on Monterey County?s two state prisons (Salinas Valley State Prison (SVSP) and the Correctional Training Facility (CTF)), the Monterey County Grand Jury made 23 findings and 13 recommendations for SVSP plus 5 findings and …
Civil Grand Jury Calls San Mateo County Women’s Jail a “Crowded Disgrace” by Civil Grand Jury Calls San Mateo County Women's Jail a "Crowded Disgrace" The San Mateo County (California) Civil Grand Jury found that the decades-old Women's Correctional Center in Redwood City was so deficient that it must be …
Temporary Restraining Order Suspends California’s Sex Offenders’ Housing Banishment Law by John Dannenberg Temporary Restraining Order Suspends California's Sex Offenders? Housing Banishment Law by John E. Dannenberg The U.S.D.C. (N.D. Cal.) issued a Temporary Restraining Order (TRO) on November 8, 2006, the same day California voters approved state Proposition 83 …
Federal Court Continues To Enforce Decade-Old California Prison Guards’ “Code-Of-Silence” Ruling by Federal Court Continues To Enforce Decade-Old California Prison Guards' "Code-Of-Silence" Ruling The United States District Court (N.D. Cal.) reviewed progress on its 11-year-old federal court remedial action to eliminate a pernicious code-of-silence by prison guards (most notably at …
Policy of Hiring Trained Medical Professionals Does Not Immunize County from Municipal Liability in Wrongful Jail Death; Case Settles for $475,000.00 by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that where a Los Angeles County Jail prisoner died of allegedly deficient medical attention, …
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