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Article • July 15, 2006 • from PLN July, 2006
Filed under: Sentencing, Parole
Washington Liable for Negligent Parolee Supervision; Bad Jury Instruction Vacates $33 Million Award by In a 6-3 decision, the Washington Supreme Court reaffirmed its earlier holdings that the state may be held liable for negligent supervision of offenders. However, the court vacated a $22.4 million verdict resulting from a 2000 …
Washington Liable for Negligent Parolee Supervision; Bad Jury Instruction Vacates $33 Million Award by In a 6-3 decision, the Washington Supreme Court reaffirmed its earlier holdings that the state may be held liable for negligent supervision of offenders. However, the court vacated a $22.4 million verdict resulting from a 2000 …
Article • June 15, 2006 • from PLN June, 2006
Audit of Californias Failed Intermediate-Parole-Sanctions Program Blames Lack of Benchmarks And D by Audit of Californias Failed Intermediate-Parole-Sanctions Program Blames Lack of Benchmarks And Data Analysis The California State Auditor issued a stinging 58 page report in November 2005 that squarely fixed the blame for the purported failure of the …
Article • June 15, 2006 • from PLN June, 2006
Filed under: Parole, News, State Legislation
California Legislature Reorganizes DOC To Add Rehabilitation by Marvin Mentor California Legislature Reorganizes DOC To Add Rehabilitation by Marvin Mentor Via legislative enactment (SB 737) effective July 1, 2005, the California DOC (formerly CDC) was renamed the Department of Corrections and Rehabilitation (CDCR), the Board of Prison Terms (BPT) was …
Article • June 15, 2006 • from PLN June, 2006
Washington Community Placement Condition Barring Pornography Unconstitutionally Vague by Washington Community Placement Condition Barring Pornography Unconstitutionally Vague The Washington Court of Appeals held that a condition of community placement prohibiting possession or perusal of pornography without prior probation officer approval was unconstitutional. Richard Sansone was sentenced to prison and community …
Article • May 15, 2006 • from PLN May, 2006
Nearly 7 Million Under Correctional Supervision In U.S. by Michael Rigby At yearend 2004, nearly 7 million adults were in prison, on parole, or on probation in the U.S.--2.5 million more than in 1990--according to a study by the Bureau of Justice Statistics released on November 2, 2005. Put another …
Article • May 15, 2006 • from PLN May, 2006
Banned From the Hood by Matthew T. Clarke In Chicago, gang-leader parolees may be required to stay away from the turf of their gang as a condition of parole. Returning to the hood results in returning to prison. Other cities are using innovations such as gang-free safety zones and court …
Article • May 15, 2006 • from PLN May, 2006
Filed under: Sentencing, Parole
California DOC Bans Dying Parolee From His Familys Town by California DOC Bans Dying Parolee From His Familys Town A terminally ill prisoner, paroled in February 2005 from one of a small northeast California towns two state prisons, was denied his request to live out his remaining days with his …
Article • April 15, 2006 • from PLN April, 2006
Weary California Prison Gang Members Increasingly Opt Out for Solace of Sensitive Needs Yards by Weary California Prison Gang Members Increasingly Opt Out for Solace of Sensitive Needs Yards Imprisoned California gang members are increasingly tiring of doing hard time to satisfy gang leaders demands to enforce dogmatic, self-serving obeisance …
Article • April 15, 2006 • from PLN April, 2006
Continued Reliance on Commitment Offense to Deny California Lifers Parole Denies Federal Due Proces by Marvin Mentor Continued Reliance on Commitment Offense to Deny California Lifers Parole Denies Federal Due Process by Marvin Mentor The U.S.D.C. (E.D. Cal.) granted habeas relief to a California lifer whose parole had been repeatedly …
Exhaustion Not Required in Pennsylvania Parole Denial Challenges by The Third Circuit Court Of Appeals held that a Pennsylvania state prisoner challenging the denial of parole need not file a petition for a writ of mandamus in order to satisfy the dictates of exhaustion before seeking federal habeas review. Pennsylvania …
Article • April 15, 2006 • from PLN April, 2006
2nd Circuit Reverses Sua Sponte § 1915 Dismissal; Parolee Owed Duty of Habitable Residence by The Second Circuit Court of Appeals reversed a district courts sua sponte dismissal, pursuant to 28 U.S.C. § 1915(e)(2)(b)(ii), of a New York parolees action, for failure to state a claim. Alonzo Jacobs, a parolee …
Article • April 15, 2006 • from PLN April, 2006
Filed under: Sentencing, Parole
Any Reliance On AA or NA Participation During Parole Consideration Violates Establishment Clause by John Dannenberg Any Reliance On AA or NA Participation During Parole Consideration Violates Establishment Clause by John E. Dannenberg The United States District Court, E.D. Cal., ruled that requiring a California life prisoner to attend Narcotics …
Article • April 15, 2006 • from PLN April, 2006
California Probationers and Parolees Not Similarly Situated As To Eligibility For Prop. 36 Drug Tr by John Dannenberg California Probationers and Parolees Not Similarly Situated As To Eligibility For Prop. 36 Drug Treatment by John E. Dannenberg The California State Supreme Court held that Equal Protection claims as to parolees …
Article • March 15, 2006 • from PLN March, 2006
Sixth Circuit Upholds Michigan Ban On Prisoner Appeals of Discretionary Denials of Parole by The Sixth Circuit U.S. Court of Appeals upheld Michigan's lately revised statute that forecloses state prisoners from challenging discretionary denials of parole. Because the former availability of such a challenge had led to thousands of mostly …
Article • March 15, 2006 • from PLN March, 2006
Filed under: Sentencing, Parole
California Lifer's Understanding of Plea Agreement Does Not Create Entitlement to Parole by In 1984, Peter Honesto committed a murder in the course of kidnapping and robbery, exposing him to California's death penalty or life without parole. He accepted a plea agreement for 17-life for second degree murder. When later …
Article • February 15, 2006 • from PLN February, 2006
2005 Audit of California Parole Board Reveals Ongoing Deficiencies by The California Office of the Inspector General (OIG), the state's official watchdog" agency, conducted an audit of the Board of Prison Terms (BPT) in July 2005 to determine compliance with the OIG's prior recommendations to correct deficiencies and inefficiencies it …
Federal Judge Enforces "Valdivia Remedial Plan" for California Parole Violators by Federal Judge Enforces "Valdivia Remedial Plan" for California Parole Violators On June 8, 2005, the United States District Court enforced its order in Valdivia v. Davis, 206 F.Supp.2d 1068 (E.D. Cal. 2002) [PLN, Jan.2003, p.16] and its March 9, …
Article • January 15, 2006 • from PLN January, 2006
California's New Governor Has Paroled 102 Lifers, But Rejected Twice That Many by The good news is that as of September 30, 2005, California Governor Arnold Schwarzenegger has approved 102 lifers for parole since taking office two years ago, a vast improvement over former Governor Gray Davis' record of paroling …
Article • January 15, 2006 • from PLN January, 2006
Filed under: Sentencing, Parole, Probation
Court Invalidates Mental Health Supervised Release Condition; Condition Impermissibly Delegates Judicial Authority to PO by Court Invalidates Mental Health Supervised Release Condition; Condition Impermissibly Delegates Judicial Authority to PO The Third Circuit Court of Appeals held that a Delaware district court improperly imposed a supervised release condition requiring mental health …
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