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Free Rent for Some Washington State Parolees by Due to a roughly $9 billion state budget deficit, the Washington State legislature approved a plan to offer 90-day rent subsidies for selected prisoners who are eligible for early release. The program is expected to save taxpayers an estimated $1.5 million over …
Federal Judge Holds Texas Parole Board Coleman Hearings Unconstitutional by Matthew Clarke by Matt Clarke On August 6, 2009, a federal judge ruled that hearings held by the Texas Board of Pardons and Paroles (BPP) to determine whether onerous sex offender conditions should be imposed on parolees not convicted of …
$6,000 Settlement in Illegal Arrest of Washington State Probationer by The State of Washington paid $6,000 to settle a wrongful imprisonment claim. The claim involved the probation violation arrest of Kenneth Butler. When he reported to the community corrections office on January 23, 2008, as required, he was advised that …
Article • February 15, 2010 • from PLN February, 2010
Wisconsin Enacts New Early Release Law by Matthew Clarke by Matt Clarke When Wisconsin Governor Jim Doyle signed legislation to grant early release to certain prisoners, he just couldn’t win. “It went too far,” said Republicans. “It didn’t go far enough,” retorted his fellow Democrats. What in fact Governor Doyle …
Washington Supreme Court Upholds Denial of Parole for Sex Offender Who Refuses to Admit Guilt by In a 5-4 decision, the Supreme Court of Washington state, sitting en banc, upheld the denial of parole for an untreated sex offender. Richard J. Dyer was convicted of abducting and repeatedly raping two …
Article • January 15, 2010
Filed under: Sentencing, Parole
Trial Court Exceeded Its Authority In Restricting Parole Board’s Discretion by The Court of Appeal of California, Sixth Appellate District, has reversed an order by the Superior Court of Santa Clara County ordering the Board of Parole Hearings to conduct a new hearing to “explain what instances of [Portee’s] commitment …
Article • December 15, 2009
Washington Supreme Court Permits Sentence In Excess of Statutory Maximum; Legislature Intervenes with Statutory Amendment by The Washington Supreme Court has held that a judgment and sentence containing a total prison term and community supervision term that exceed the statutory maximum sentence is valid, so long as the trial court …
Article • December 15, 2009
California Appeals Court Reverses Grant of Habeas in Parole Case by The Court of Appeal of California, Second Appellate District, has reversed the granting of a habeas corpus petition that had alleged the Governor erred in determining a prisoner was eligible for parole. Linda Lee Smith was convicted in 1980 …
Article • December 15, 2009
California Appeals Court Upholds Grant Of Habeas Affording Parole by The Court of Appeal of California, First Appellate District, Division Two, has affirmed a grant of habeas corpus in a case challenging the Governor’s decision to overturn a grant of parole. Peter George Cooper was convicted of murdering his wife …
California Court of Appeals: Minor Misconduct "Some Evidence" Supporting Parole Denial by California Court of Appeals: Minor Misconduct "Some Evidence" Supporting Parole Denial On March 5, 2009, a California Court of Appeal held that a prisoner's receiving a minor misconduct notation (form CDC 128-A) since his previous parole review was …
Article • December 15, 2009
Court Of Appeals Remands For Redetermination Of Parole Eligibility by The Court of Appeal of California, Sixth Appellate District, has affirmed, as modified, a grant of habeas corpus relief requiring the Board of Parole Hearings to redetermine a prisoner’s eligibility for parole. P.F. Lazor was convicted in 1983 of second …
Article • December 15, 2009
Washington State Community Custody Term Must Be Served in Community by Division Two of the Washington State Court of Appeals has held that a sex offender who served an excessive sentence is not entitled to credit for the illegal time served toward his community custody term. Cliff Alan Jones pled …
Article • December 15, 2009
California Prisoner Granted Habeas Relief After Parole Denial by On July 16, 2009, a U.S. Magistrate Judge filed his report and recommendation on a petition for writ of habeas corpus brought by California prisoner, Maria Nestle. The petition challenged the decision of the California Board of Parole Hearings (Board) finding …
Article • December 15, 2009
District Court Orders California Prisoner Released Following Parole Denial by On July 7, 2009, a U.S. Magistrate Judge in California issued a favorable recommendation in response to a prisoner's petition for writ of habeas corpus. The petition was filed pursuant to 28 U.S.C. § 2254 by David Velasquez after the …
Article • December 15, 2009
Nexus Between Offense and Current Dangerousness Finding Required for California Parole Denial by On June 30, 2009, a California appellate court modified then affirmed a superior court order granting habeas corpus relief to Marin Haro. Haro filed the petition in 2008 challenging California's Board of Parole Hearings' (Board) decision finding …
Article • November 15, 2009
Vengeance Meets Recidivism by Jimmie Franks By Jimmy Franks As vote-hungry politicians and vengeance-minded citizens continue to make it increasingly difficult for parolees to successfully reintegrate into society, prison recidivism remains a problem of epic proportions. Viewed objectively, the correlation between these two phenomena is readily apparent, although no one …
Article • November 15, 2009 • from PLN November, 2009
Justice Reinvestment Initiative Eliminates Texas Prison Overcrowding by Matthew Clarke by Matt Clarke Despite a massive prison-building program in the 1990s, in 2007 the Texas legislature had to deal with an overcrowded prison system. Some lawmakers proposed including $523 million in the biennial budget for prison construction. Surprisingly, the legislature …
Article • November 15, 2009 • from PLN November, 2009
California Budget Cuts Lead to Closure of Two Parolee Residential Centers by In a questionable effort to save money, the State of California has closed two parolee residential centers in Los Angeles and returned the 74 non-violent offenders housed at those facilities back to prison. Scott Kernan, undersecretary of the …
Article • November 15, 2009 • from PLN November, 2009
Filed under: Sentencing, Parole
Terms of Parole Injunction Supersede Conflicting Provisions of California Voter Initiative by Michael Brodheim In the latest chapter of a 15-year-old class-action lawsuit, a U.S. District Court held that the passage of Proposition 9 by California voters on November 4, 2008 could not override a stipulated permanent injunction entered four …
Article • October 15, 2009 • from PLN October, 2009
Fifth Circuit: Special Parole Review Request Doesn’t Toll AEDPA Limitations by The Fifth Circuit Court of Appeals held that improperly-filed state habeas corpus applications and requests to the parole board for special review do not toll the one-year AEDPA limitations period established by 28 U.S.C. § 2244(d). Barry Michael Wion, …
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