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OK Prisoners Have Disciplinary Hearing Remedy by In the May, 1994, issue of PLN we reported Waldon v. Evans, 861 P.2d 311 (Okl. Cr. 1993) which held that Oklahoma state courts could hear prisoners challenges claiming due process violations in prison disciplinary hearings. In a new ruling, the Oklahoma Court …
CDC Must Establish Hobby Program by Lassen County Superior Court Judge J. Harvey issued a writ of habeas corpus on August 16, 1994, which ordered the California Department of Corrections (CDC) to establish a hobby program and store materials at the California Correctional Center (CCC) at Susanville. Steve Yakle, a …
AZ Passes Repressive Prison Laws by As part of the national trend towards bashing prisoners the 41st session of the Arizona legislature recently passed a number of repressive laws designed to make life harder for prisoners as well as restrict their access to the courts. The laws went into effect …
Fear and Loathing in California by Willie Wisely As the campaign of hatred against people in prison reaches a frenzied crescendo in this era of reactionary politics, several draconian measure were passed by California legislators in the 1994 session vying with each other for the title, "Toughest On Crime." A …
Article • February 15, 1995 • from PLN February, 1995
Contract With America = Contract on Prisoners by Paul Wright In late September, 1994, while running for Congress Republican congressional candidates signed Newt Gingrich's "Contract With America" which included detailed proposals in the form of draft legislation to modify federal criminal law in important respects. It is dubbed the "Taking …
Article • February 15, 1995 • from PLN February, 1995
OR Voters Pass New Prison Laws by On November 8, 1994, Oregon voters passed three criminal justice measures that will cost millions to implement. Measure 10 requires a two thirds vote by the legislature before it can change voter approved prison sentences. Measure 11 imposes mandatory minimum prison sentences on …
CA BPT Lawyer Sentenced by David Eugene Brown was the chief counsel for the California Board of Prison Terms (BPT) from 1982 until June, 1994. He worked his way up through the prison system's ranks, starting as guard, then captain and going to law school, after which he was appointed …
Article • January 15, 1995 • from PLN January, 1995
OK Early Release Law Legal by In response to prison overcrowding, the Oklahoma state legislature has passed the Oklahoma Prison Overcrowding Emergency Powers Act, Oklahoma Statute 57, § 570-576. The act permits the prison system to release prisoners with less than medium custody convicted of lesser crimes in order to …
Article • January 15, 1995 • from PLN January, 1995
CT's "Gang Problem" by William Dwyer CT's "Gang Problem" The RICO concept of guilt by association has recently moved from the statute books and has now made its appearance into prison management. Within the past year or so Connecticuts Department of Corrections adopted a gang management policy. The policy designates …
Article • January 15, 1995 • from PLN January, 1995
Filed under: Sentencing, News in Brief
News in Brief by Since June, 1994, 8 prisoners at the Clallam Bay Corrections Center (CBCC) were placed in segregation after they allegedly gave friends and relatives a state toll free number at which to call them. The DOC operates a boiler room operation at CBCC which contracts with other …
Article • January 15, 1995 • from PLN January, 1995
Pretrial Detainee Housed at Marion by Most PLN readers are familiar with the US Penitentiary at Marion, IL. The prison was totally locked down in October of 1983 and has remained that way ever since. Prisoners are locked in their cells 23 hours a day in extremely harsh and punitive …
Federal Crime Bill Passes by Paul Wright By Paul Wright In the October and November, 1993, issues of PLN, I wrote articles about the "anti-crime" proposals that had been submitted in the US Congress by democrats and republicans, respectively. I predicted then the most repressive aspects of both proposals would …
Article • December 15, 1994 • from PLN December, 1994
One and Two Strike Laws Passed by Paul Wright By Paul Wright In the June, 1994, issue of PLN, my article "Three Strikes Racks 'em Up" made reference to then pending proposals to pass a "Two Strikes" law in Georgia and a "One Strike" law in California for sex offenders. …
Article • December 15, 1994 • from PLN December, 1994
VA Repressive Sentencing Law Results in Uprisings by Dan Pens The feature attraction in this summer's media/political crime-hype circus in Virginia was the coverage of "Proposal X," Republican Gov. George Allen's repressive new sentencing bill. The bill, signed into law by Allen on October 17th, 1994, calls for tougher sentencing, …
Article • December 15, 1994 • from PLN December, 1994
BOP Can't Punish Detainees by Vladimir Collazo-Leon is a pretrial detainee in Puerto Rico, held by the federal Bureau of Prisons (BOP). While going to a visit he allegedly offered a jail guard a bribe if the guard would help him escape. The guard infracted Collazo and at a disciplinary …
Article • December 15, 1994 • from PLN December, 1994
Obtaining Prisoner Witnesses by This case involves an effort by state government defendants in a civil rights suit to obtain the presence of a witness to testify on their behalf. The case provides a useful discussion of writs of habeas corpus ad testificandum, whereby parties to civil or criminal actions …
Evidence Must Support Disciplinary Charge by Indiana is unique in that it does not provide any state court remedy for prisoners who lose good time in prison disciplinary hearings. As a result, Indiana state prisoners seeking the restoration of lost good time or expungement of infractions must file directly in …
Article • November 15, 1994 • from PLN November, 1994
Change in Parole Eligibility Actionable Under Section 1983 by Thomas Lewis is a Tennessee state prisoner convicted in 1984 and sentenced to 30 years in prison. At the time of his conviction prisoners became eligible for parole consideration after serving thirty percent of their sentence. In 1989 the Tennessee DOC …
Article • November 15, 1994 • from PLN November, 1994
U.S. S.Ct. to Hear Prison and Parole Cases by The 1994-95 term of the United States Supreme Court began on October 3, 1994. Among the cases scheduled for hearing by the Supreme Court are two cases previously reported in PLN which will have wide ranging effect. California Department of Corrections …
Article • November 15, 1994 • from PLN November, 1994
Idaho Cons Entitled to Pen and Paper by This is an Idaho criminal case which addresses prisoner's right of access to the courts in the habeas context, we address only that part of the case dealing with prison conditions. In 1989 James Free was convicted and sentenced to a term …
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