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Article • June 15, 2004 • from PLN June, 2004
Kansas Trial Courts Have Latitude in Setting Restitution Payments by The Kansas Supreme Court has ruled that K.S.A.2002 Supp. 21-4603d allows state trial courts to order prisoners to pay restitution from their prison accounts, and to order that a portion of such accounts be exempt from collection. William Puckett was …
Tennessee Supreme Court Holds No Procedural Protection Needed for $5 Fine by Tennessee Supreme Court Holds No Procedural Protection Needed for $5 Fine by Matthew T. Clarke On August 23, 2003, the Supreme Court of Tennessee (SCTN) held that 30-days punitive segregation followed by administrative segregation of unstated duration were …
Article • May 15, 2004 • from PLN May, 2004
Minnesota Pay-To-Stay Programs Don't Deliver by Minnesota counties are finding out that charging prisoners for staying in jail is not the cash cow they had hoped for. Forcing prisoners to pay for their own incarceration has become a national trend. In the summer of 2003 the Minnesota legislature followed suit, …
Article • January 15, 2004 • from PLN January, 2004
New Hampshire Prison Commissary Surcharge Ruled an Illegal Tax by John E Dannenberg by John E. Dannenberg The New Hampshire Supreme Court held that state law RSA 622:7-b, which imposed a 5% surcharge on the price of all commissary sales, amounted to a disproportionate tax in violation of the New …
Prison Writers Punished for Success in Connecticut and Texas by Gary Hunter Censorship has slithered like an unseen serpent into the crevices of the First Amendment and built its noxious nest in our nation's prisons. Prisons across the country, both state and federal, have singled out prison writers for persecution …
Article • November 15, 2003 • from PLN November, 2003
Arizona Surcharge on Fines Upheld by Arizona Surcharge On Fines Upheld The Arizona Supreme Court recently upheld A.R.S. 16-954(C) which imposes a 10% surcharge on civil and criminal fines, with a portion of the proceeds to fund political campaigns. Steven May, an Arizona legislator, received a $27 parking ticket but …
Article • October 15, 2003 • from PLN October, 2003
Eight Washington Prison Premises Liabilities Claims Settled for $35,058 by Premises liabilities claims by injured Washington state prisoners and visitors were settled in eight unrelated claims totaling $35,058 over a two year period in 2001 and 2002. Pro per Walla Walla State Penitentiary prisoner Marcus Ogans filed a 42 U.S.C. …
California Taxpayer Action Forces Private Employer to Pay Prisoners Prevailing Wages by John E Dannenberg by John E. Dannenberg Under California Code of Civil Procedure §526a, a private citizen taxpayer may bring an action to compel an officer or agent of a municipality to restrain him from wasteful or injurious …
Article • September 15, 2003 • from PLN September, 2003
Washington State's Changes to Good Time Laws Benefit Few by Lonnie Burton On May 20, 2003, Washington state governor Gary Locke signed into law Senate Bill 5990, which works numerous changes to the amount of good time prisoners in the state can receive. The new law, passed by 43-4 and …
Ohio Jail's Pay-for-Stay Program Unconstitutional, Partial Summary Judgment Granted by Ohio Jail's Pay-for-Stay Program Unconstitutional, Partial Summary Judgment Granted The U.S. District Court for the Southern District of Ohio has awarded partial summary judgment to a former pretrial detainee in a case involving seizure of the detainee's funds by the …
Article • August 15, 2003 • from PLN August, 2003
Settlement of Hamilton County, Ohio, Jail Booking Fees Case by After protracted negotiations and two court rulings finding the defendants liable, Hamilton County, Ohio, officials finally agreed to settle the claims challenging its Pay-for-Stay program (see mail article). Led by Cincinnati attorney Stephen R. Felson, with attorney Robert B. Newman, …
Article • August 15, 2003 • from PLN August, 2003
Butler County, Ohio, Settles Jail Booking Fee Suit by Butler County, Ohio, Settles Jail Booking Fee Suit The Sheriff and Commissioners of Butler County, Ohio, settled a lawsuit over its Pay-to-Stay program brought in the United States District Court for the Southern District of Ohio, Western Division, by a citizen …
Director Out at Scandal-Plagued Washington State Jail by Lonnie Burton Amid numerous scandals and investigations into wrongdoing and prisoner mistreatment by staff, the director of the Snohomish County jail in Everett, WA was relieved of her duties in mid-April 2003. Corrections department director Andrea Bynum was fired due to her …
Article • August 15, 2003 • from PLN August, 2003
Arizona Prisoner Entitled to Workers' Compensation Payments During Period of Incarceration by The Arizona Court of Appeals held that a prisoner may collect workers' compensation benefits during his term of imprisonment, despite a 1997 state statute prohibiting workers' compensation payments "during the period of time that [a claimant] has . …
Veterans' Disability Check Unlawfully Seized to Pay State Restitution Fine by John E Dannenberg by John E. Dannenberg The Third Circuit US Court of Appeals held that a New Jersey statute providing for seizure of a prisoner's federal veterans' disability benefits check to pay a state restitution fine was void …
No Administrative Exhaustion in Idaho Child Support Modification by The Idaho Court of Appeals ruled that Idaho prisoners may seek judicial review of Magistrate Court orders setting monthly child support obligations, without first exhausting administrative remedies. Charles Smith was a prisoner at the Idaho State Penitentiary from 1995 until 2001. …
Wisconsin Lacks Authority Over Funds of Out-of-State Prisoners by A federal court in Wisconsin held that the Wisconsin Department of Corrections (WDOC) lacks the authority to divert the funds of an out-of-state prisoner into a release account, or to cause the receiving state to do so. In 1998, Wisconsin prisoner …
Article • May 15, 2003 • from PLN May, 2003
Washington Prisoner L & I Statutes Struck Down by Washington Prisoner L & I Statutes Struck Down The Washington Supreme Court struck down a statutory scheme which denies labor and industries benefits to state prisoners with life sentences and no dependents. RCW 51.32.040(3) and 72.60.102 were declared unconstitutional. because they …
Article • March 15, 2003 • from PLN March, 2003
Louisiana Prisoners May Access Savings Funds Exceeding $250 by by Matthew T. Clarke The Supreme Court of Louisiana has held that all state prisoners have a statutory right to transfer savings accounts funds exceeding $250 to their drawing accounts. Walter Burnette, a Louisiana state prisoner serving a 99-year sentence, filed …
Tribal Funds Exempt from Washington LFO Seizures by In an unpublished order, a federal court in Washington granted a Native American prisoner's motion for summary judgment on the issue of liability of prison officials in seizing monthly tribal per capita allotments from his prison account to satisfy court-ordered legal financial …
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