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Conservatives Try to Co-opt Criminal Justice Reform by Matthew Clarke After decades of driving prison expansion by espousing tough-on-crime sentencing laws, advocating for policies to lock up criminals and throw away the key, and exploiting the public’s fear of crime, conservative lawmakers have finally discovered criminal justice reform. Like European …
Second Circuit Upholds Implicit Waiver of Appearance at Disciplinary Hearing by Bruce Smith was a New York state prisoner when he was charged with the disciplinary infraction of fighting with another prisoner. On the day of his disciplinary hearing, Smith was brought to the hearing room, but the hearing officer …
Article • August 25, 2016
Filed under: Good Time
Washington Court Upholds Prison's Good Time Credit Computation by The Washington State Court of Appeals held that the Washington Department of Corrections (WDOC) correctly calculated a prisoner's time served and good time sentence reduction credit for presentence confinement. Kail Erickson spent 98 days in jail awaiting trial and received 49 …
Article • August 25, 2016
Filed under: Good Time
Ninth Circuit Approves Prorated Good Time Under §3624(b)(1) by The Ninth Circuit Court of Appeals upheld the Bureau of Prisons’ (BOP’s) interpretation of the maximum good time credits a federal prisoner may receive under 18 USC § 3624(b). Under § 3624(b)(1)(1995), a federal prisoner receives 54 days of good time …
Article • August 24, 2016
California: Prisoner Not Entitled to Points Reduction in Classification Score Unless Actually Participating in Programs by Michael Brodheim In a published case, the California Court of Appeal for the Third Appellate District has held that a prisoner is not entitled to a reduction in his or her classification score for …
Article • August 11, 2016
California Prisoner Wins Reversal of Ex Post Facto Denial of Sentence Credits by Derek Gilna The California Department of Corrections and Rehabilitation (CDCR), has a long-standing policy of segregating gang members in Special Housing Units (SHU) to reduce violence. It also has a policy of day-for-day good time for CDCR …
Article • August 10, 2016
Prisoner’s Master Carpenter Skills Nets Opportunity to Serve and Receive Freedom by David Reutter A Virginia man who was sentenced to prison in several counties has avoided being sent to prison, and his skill set is being attributed to remaining in jail and release. Lawrence “Junior” Wood faced 36 different …
Federal Jury Awards $9 Million to Illinois Man Cleared of Rape He Was Convicted of as Teenager by Alejandro Dominguez, who spent four years in prison for a rape he did not commit, was awarded $9 million by a federal jury after DNA evidence cleared him of the charges. Dominguez, …
Iowa State Court Finds Prisoner Entitled to Counsel at Prison Classification Hearing by Derek Gilna Iowa State District Court Judge Scott D. Rosenberg reversed and remanded a prisoner’s adverse classification hearing based upon the denial of his right to legal counsel. Gary Pettit pleaded guilty to third-degree sexual abuse and …
Article • May 5, 2016 • from PLN May, 2016
Why is California Thumbing its Nose at a Federal Court? by Caleb Mason The Ex Post Facto Clause of the Constitution provides that the government can’t retroactively increase the penalty for criminal conduct. It applies not just to initial sentence length but also to potential “good-time credit” prisoners can earn …
Article • March 7, 2016
Filed under: Good Time
Colorado Prison Policy of Withholding Good Time Challenged by David Reutter The Colorado Department of Corrections (CDOC) has “a policy of routinely refusing to subtract previously credited good time as well as some previously credited earned time from inmates’ sentences despite the fact that the inmate has earned those credits,” …
Brief • January 13, 2016
Filed under: Good Time, Due Process
Green v. TN DOC, TN, Memo & Order, good time credit due process, 2016 1/29/2016 Search ­ 100 Results ­ Green v. Sullivan Correctional Facility Switch Client | Preferences | Help | Sign Out My Lexis™ Search Get a Document FOCUS™ Terms Shepard's® More Search Within Original Results (1 ­ …
Article • November 16, 2015
Bizarre Ruling Deprives Arkansas Prisoner of Judicial Review of Disciplinary Action by Bizarre Ruling Deprives Arkansas Prisoner of Judicial Review of Disciplinary Action On May 15, 2014, the Arkansas Supreme Court denied a state prisoner the right to seek judicial review of a disciplinary action because he did not pay …
Herrera v. NM Corrections Dept, NM, Settlement, Improper Sentencing, 2015 RELEASE IN FULL AND INDEMNIFYING AGREEMENT 1. Parties, Release, and Dischare:e: For that consideration specifically set forth in subparagraphs (A) through (D) of paragraph I of this instrument and no other consideration, Carlos Herrera and his respective agents, attorneys, heirs, …
Article • August 1, 2015 • from PLN August, 2015
Nebraska Law Unconstitutionally Forfeits Good Time for Refusal to Submit DNA Sample by David Reutter Nebraska Law Unconstitutionally Forfeits Good Time for Refusal to Submit DNA Sample by David M. Reutter The Nebraska Supreme Court has held that a retroactive state law which requires prisoners to submit DNA samples violates …
Article • August 1, 2015 • from PLN August, 2015
Nebraska Returns Ex-Offenders to Prison after Sentence Miscalculation Scandal by Matthew Clarke Nebraska Returns Ex-Offenders to Prison after Sentence Miscalculation Scandal by Matt Clarke Nebraska authorities have re-incarcerated nearly two dozen state prisoners who were released early because officials miscalculated their release dates. The state decided not to pursue hundreds …
Article • June 3, 2015 • from PLN June, 2015
Filed under: Good Time
Ninth Circuit: BOP Improperly Denied RDAP Sentence Reduction; Remedy may be Reduced Supervised Release Term by Mark Wilson Ninth Circuit: BOP Improperly Denied RDAP Sentence Reduction; Remedy may be Reduced Supervised Release Term by Mark Wilson The Ninth Circuit Court of Appeals held on October 27, 2014 that the federal …
Brief • June 3, 2015
Filed under: Good Time
Arriola et al v. Commonwealth of Kentucky, KY, Order, good time, 2015.pdf
Article • January 13, 2015
Only BOP, Not Private Contractors, Can Tally Good Time Credits in Disciplinary Hearings by Only BOP, Not Private Contractors, Can Tally Good Time Credits in Disciplinary Hearings On February 14, 2013, the Ninth Circuit Court of Appeals reversed the denial of a habeas corpus petition that sought restoration of good …
Article • December 3, 2014 • from PLN December, 2014
California Law Denying Good Time Credits to Gang Members in SHUs Held Constitutional by David Reutter California Law Denying Good Time Credits to Gang Members in SHUs Held Constitutional by David Reutter The Ninth Circuit Court of Appeals held on April 25, 2014 that a California law which denies good …
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