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Article • January 15, 2012 • from PLN January, 2012
Oregon Prisoner Property Claims Cost State $60,000 Annually by On average, Oregon prison officials pay about $60,000 a year due to prisoner property claims, according to an internal audit of the Oregon Department of Corrections (ODOC). The state spends far more than that amount defending against such claims in court. …
Article • January 15, 2012 • from PLN January, 2012
Illinois Prison Wages Cannot be Attached to Satisfy Incarceration Costs by David Reutter On June 16, 2011, the Illinois Supreme Court held that prison officials may not seize the wages a prisoner earns to satisfy the cost of incarceration. The Court’s unanimous ruling also vacated a judgment of more than …
Brief • January 11, 2012
Muthana v. Hofbauer, MI, R&R, Destruction of Mail Written in Arabic, 2012 Case 2:11-cv-00132-GJQ-TPG Doc #41 Filed 01/11/12 Page 1 of 13 Page ID#635 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION ALI MUSAID MUTHANA, Plaintiff, v. Case No. 2:11-cv-132 Honorable Gordon J. Quist GERALD HOFBAUER …
Publication • November 18, 2011
Healthcare Copay Report, 2011 - Bureau of Prisons
Article • November 15, 2011 • from PLN November, 2011
Courts Cannot Order Federal Prisoners to Participate in IFRP by A federal criminal defendant cannot be ordered to participate in the Bureau of Prisons’ (BOP) Inmate Financial Responsibility Program (IFRP) as part of his or her sentence, the U.S. Court of Appeals for the Seventh Circuit held on June 11, …
Article • November 15, 2011
Filed under: Money/Property, Restitution
District Court Did Not Impermissibly Delegate the Setting of Fine Payments to the BOP by A district court’s failure to set a fine repayment schedule does not impermissibly delegate the task to the Bureau of Prisons (BOP), the U.S. Court of Appeals for the Seventh Circuit held May 12, 2008. …
Article • November 15, 2011
Filed under: Money/Property, Restitution
Restitution Payments through IRFP Not Subject to Judicial Scrutiny by Restitution paid through the Bureau of Prisons’ (BOP) Inmate Financial Responsibility Program (IRFP) is not subject to judicial scrutiny, U.S. District Judge Rodger C. Hunt held December 11, 2007. Mark Young, a federal prisoner, filed a motion with his sentencing …
Article • November 15, 2011
Washington: Financial Obligations to Crime Victims’ Compensation Account Persist Through Incarceration by The Court of Appeals of the State of Washington has affirmed a trial court’s order denying a prisoner’s motion to determine legal financial obligations (LFOs) imposed as part of his sentence. Sherman Pulley was sentenced in 1995 to …
Article • November 15, 2011
Summary Judgment Denied in Challenge to Booking Fee Program by Brandon Sample By Brandon Sample U.S. District Judge Robert J. Bryan denied a summary judgment motion filed by the City of Fife, Washington in a challenge it its booking fee program. Rafael Gonzalez was arrested for soliciting a prostitute. At …
Article • November 15, 2011
Texas: Dismissal of Prisoner’s Property Confiscation Claim Reversed Where TDCJ Contraband Rule “Not Unambiguous” by In February 2010, the Court of Appeals of Texas (Waco) reversed in part a trial court’s order dismissing as frivolous a prisoner’s suit alleging that prison officials wrongfully confiscated and thus converted his personal property …
Article • November 15, 2011
The Ninth Circuit Court of Appeals Upholds Ban on Typewriters in Nevada Prisons by The Ninth Circuit Court of Appeals upheld a district court’s ruling that allows the Nevada Department of Corrections (NDOC) to ban prisoner typewriters. The case arose in December 2006, when Douglas Potter, a Nevada state prisoner, …
Article • November 15, 2011
Filed under: Money/Property, Restitution
Trial Court Erred in Extending Jurisdiction over Restitution Collection Outside Ten-Year Window by Brandon Sample By Brandon Sample The Court of Appeals for the State of Washington vacated an order extending a trial court’s jurisdiction to ensure collection of restitution order. The court’s decision comes in response to a personal …
FBI Claims 2,500 Percent Increase in Child Porn Arrests by Although the number of prosecutions for child pornography is small in comparison with drug and immigration offenses, child porn cases have skyrocketed according to FBI statistics. Arrests for such crimes are up 2,500 percent since 1996, largely due to technology …
Article • September 15, 2011
South Carolina DOC Must Establish Grievance Procedure For Crime Victims' And Prisoner Dependents' Claims Over Prison Industry Wages by Matthew Clarke by Matt Clarke On May 7, 2007, the Supreme Court of South Carolina ruled that the South Carolina Department of Corrections (DOC) must allow prisoners' dependents, as well as …
Article • September 15, 2011 • from PLN September, 2011
Official Capacity Not the Same as Governmental Agency in Texas Civil Suit by Matthew Clarke by Matt Clarke On June 24, 2010, a Texas Court of Appeals held that suing employees of the Texas Department of Criminal Justice (TDCJ) in both their official and individual capacities was not the same …
Article • September 15, 2011 • from PLN September, 2011
Sixth Circuit Upholds Tennessee’s Financial Obligation Re-Enfranchisement Law by Mark Wilson The Sixth Circuit Court of Appeals has upheld a Tennessee statute that bars the restoration of voting rights to ex-felons who have outstanding restitution or child support obligations. Tennessee law disenfranchises convicted felons but allows reinstatement of their voting …
Article • August 15, 2011 • from PLN August, 2011
Treasury Department Finds Prisoners’ Fraudulent Tax Returns Taxing by Derek Gilna Despite passage of the Inmate Tax Fraud Prevention Act of 2008, the Internal Revenue Service has been unable to curb alleged income tax fraud by prisoners, according to a report released by the Inspector General of the U.S. Department …
Article • August 15, 2011
New York Jail “Incarceration Cost” Charges Enjoined by John Dannenberg by John E. Dannenberg The Supreme Court of Nassau County granted an Article 78 petition against Nassau County that enjoined it from charging non-indigent prisoners a “per diem” incarceration fee, thereby voiding Title 21 and 21-A of the Miscellaneous Laws …
Washington Prison Guards Sue Prisoners by Brandon Sample Prisoners who attack Washington state prison guards can add one more potential consequence to their actions – garnishment of their commissary accounts. The effort to garnish prisoners’ accounts is being spearheaded by the Washington Staff Assault Task Force (WSATF), a group of …
Article • July 15, 2011
Administrative Forfeiture of Assets Requires Notice by The Fifth Circuit Court of Appeals has held that an evidentiary hearing must be held to determine if constitutional notice was given by the Drug Enforcement Agency (DEA) to administratively forfeit $13,000. That holding comes after a Mississippi federal district court held the …
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