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Article • January 15, 2008
Right to Know Act Not Need Based, Only Statutory Definitions Required by Pro se Pennsylvania state prisoner Christopher Neyhart appealed the State Department of Corrections' (DOC) refusal to produce for inspection his urinalysis reports to prove his parole revocation was unfounded. The court held that Neyhart did not set forth …
Article • January 15, 2008
Filed under: Sentencing, Parole
California Lifer Entitled to New Parole Hearing, but Not Limited to Just “New Evidence” by California Lifer Entitled to New Parole Hearing, but Not Limited to Just "New Evidence" by Marvin Mentor The California Court of Appeal, 6th District, agreed with the superior court below that a lifer who had …
Article • January 15, 2008
Filed under: Sentencing, Parole, Immigration
Illegal Alien Not Required to Submit Dual Parole Plans in California by California's First District Court of Appeals has held that a prisoner is not required to prepare a parole plan for both California and a country he will be deported to if there is a conclusive presumption that he …
Article • December 15, 2007
Secretary Of Corrections And Parole Commission Chairman Can Release Statutorily Protected Prisoners' Records by Larry Justus of the General Assembly and Parole Commission Chairman (Chairman) Juanita Baker probed the North Carolina Attorney General's Office (AG) for protocol regarding the authority and release of parolee records. The AG instructed them that …
Article • December 15, 2007
California Supreme Court Ignores Statutory Language to Reduce Lifers' "Expectation" of Parole to Only a "Hope" by In a 4-3 decision, the California Supreme Court interpreted California's lifer parole statute (Penal Code § 3041) so as to ignore the Legislature's mandate to "normally set a parole release date" at the …
Article • December 15, 2007
Filed under: Sentencing, Parole
Ohio Prisoner’s Entitled to Notice of Post-Release Control at Sentencing by Ohio Prisoner's Entitled to Notice of Post-Release Control at Sentencing The Ohio Supreme Court has held that the Ohio Adult Parole Authority (APA) has no authority to place a prisoner on post-release control when the sentencing court failed to …
Overcrowded Washington DOC’s Solution: Ship ’Em Out of State by David Reutter Overcrowded Washington DOC's Solution: Ship ?Em Out of State by David M. Reutter Overcrowding is pinching the Washington Department of Corrections (WDOC). To alleviate that problem, the department ordered less than 100 community supervision violators released without a …
Article • October 15, 2007 • from PLN October, 2007
Filed under: Searches, Drug Testing, Parole
Texas Parole Board Revamps Urinalysis Procedures by The Texas Parole Board is replacing its old, error-prone drug testing procedure with a new method it says will reduce mistakes and provide for independent confirmation of positive test results?something that has been unavailable in the past. Some aspects of the testing procedure …
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 …
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 …
Article • September 15, 2007 • from PLN September, 2007
U.S. Parole Commission Rules are “Laws” for Ex Post Facto by U.S. Parole Commission Rules are "Laws" for Ex Post Facto The United States Court of Appeals for the District of Columbia (DC) Circuit held that a lower court incorrectly concluded that new parole regulations were not "laws" for ex …
Article • September 15, 2007 • from PLN September, 2007
§ 1983 Suit Challenging New York’s Blanket Parole Denial “Policy” Survives Motion to Dismiss by John Dannenberg § 1983 Suit Challenging New York's Blanket Parole Denial "Policy" Survives Motion to Dismiss by John E. Dannenberg The U.S. District Court (S.D. N.Y.) denied the New York State Division of Parole's ("Board") …
Article • September 15, 2007 • from PLN September, 2007
Nevada Psychological Review Panel Hearings Subjected to Open Meeting and Constitutional Due Process Requirements by Matthew Clarke by Matthew T.Clarke In two related cases, the Supreme Court of Nevada held that sex offender certification hearings held by the Nevada Psychological Review Panel (PRP) were subject to the Nevada open meeting …
Due Process Required Before Termination from Colorado Sex Offender Treatment Program by Bob Williams The United States District Court for the District of Colorado has again found that Colorado state prisoners convicted of sex offenses have a liberty interest in receiving treatment and must be afforded due process prior to …
Article • August 15, 2007 • from PLN August, 2007
Filed under: Sentencing, Parole
New York Discharge-Planning: The Term “City Jail” Includes Mental Health “Forensic Units” by New York Discharge-Planning: The Term "City Jail" Includes Mental Health "Forensic Units" A unanimous Appellate Division of the New York Supreme Court held that a class action settlement agreement obliging discharge-planning for "city jail" prisoners necessarily included …
Article • July 15, 2007 • from PLN July, 2007
Tennessee Parole Rules-Changes as Applied to Old Lifer May Violate Ex Post Facto by The Sixth Circuit U.S. Court of Appeals held that a double-murderer convicted in 1975, serving life in Tennessee, was entitled to the benefit of 1974 parole rules which conditionally provided that ?... such prisoner shall be …
Article • July 15, 2007 • from PLN July, 2007
Satellite Surveillance Approved For Wisconsin Sex Offenders by Gary Hunter Tracking sex offenders just cost Wisconsin taxpayers millions of dollars and ensures that citizens will pay millions more every year. Governor Jim Doyle signed a bill on May 22, 2006 that requires GPS monitoring for certain child molesters. The vote …
Article • July 15, 2007 • from PLN July, 2007
Washington Supreme Court Reverses Parole Denial by In a shocking five-to-four decision, the Washington Supreme Court, for the first time ever, reversed a parole denial by the state Indeterminate Sentence Review Board (Board). The Court found that the Board had ignored evidence at Richard Dyer?s December 4, 2002 parole hearing …
Article • July 15, 2007 • from PLN July, 2007
California Lifers’ Parole Reversals Tossed by Two State Appellate Courts by Marvin Mentor California Lifers' Parole Reversals Tossed by Two State Appellate Courts by Marvin Mentor An infirm, 82-year-old lifer's reversal by Governor Schwarzenegger of the Board of Parole Hearing's (BPH) grant of parole was itself overturned by the California …
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