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Article • April 15, 2013
Filed under: Sentencing, Good Time
California Court of Appeal Grants Increased Award of Conduct Credit to Jail Detainee by The California Court of Appeal, Fourth Appellate District, has held that an amendment to Penal Code section 4019, which increased the amount of presentence conduct credit to which a jail detainee is entitled, operates to the …
Article • February 15, 2013 • from PLN February, 2013
GAO Examines How BOP Can Reduce Prisoners’ Time in Prison by Derek Gilna The U.S. Government Accountability Office (GAO) has released a study on the Bureau of Prisons’ authority to shorten a federal prisoner’s sentence. The Bureau of Prisons (BOP) was found to have three principal authorities with respect to …
Brief • December 19, 2012
Filed under: Good Time, Overdetention
Scott v. Baldwin, IA, Appellant Brief, Miscalculated Release Date Overdetention, 2012 UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT No: 12-3350 Richard Scott, et al. Appellants v. John Baldwin, in his official capacity as Director of the Iowa Department of Corrections Appellee __________________________________________________________________ Appeal from U.S. District Court for …
Iowa SOTP Requirement Does Not Violate Fifth Amendment by The Iowa Supreme Court has held that prison officials do not violate the Fifth Amendment by depriving convicted sex offenders of earned-time sentence reductions when they refuse to participate in a sex offender treatment program (SOTP) that requires them to admit …
Ninth Circuit Holds BOP Individual RDAP Determinations Not Subject to Judicial Review by Individualized decisions related to the federal Bureau of Prisons’ (BOP) Residential Drug Abuse Program (RDAP) are not subject to judicial review under the Administrative Procedure Act (APA), the U.S. Court of Appeals for the Ninth Circuit has …
Article • August 15, 2012 • from PLN August, 2012
Filed under: Sentencing, Good Time
No Good Time for Time Spent in State Custody before Imposition of Federal Sentence by Good conduct time (GCT) may not be awarded to a federal prisoner for time spent in state custody before receiving his federal sentence, the U.S. Court of Appeals for the Ninth Circuit has held. Russell …
Article • July 15, 2012
Filed under: Sentencing, Good Time
Seventh Circuit Affirms Against Illinois Arbitrary Gain-Time Allegation by The Seventh Circuit Court of Appeals affirmed an Illinois federal district court’s decision that granted the defendant’s motion for summary judgment in a case involving aggravated driving while license revoked. Petitioner Peter Peretz was taken into custody February 17, 2007, and …
Brief • June 16, 2012
Filed under: Good Time
Owens v. Stalder, LA< Report and Recommendation, Miscalculated Good Time, 2012 Case 1:08-cv-00768-JTT-JDK Document 69 Filed 04/16/12 Page 1 of 29 PageID #: 679 Case 1:08-cv-00768-JTT-JDK Document 69 Filed 04/16/12 Page 2 of 29 PageID #: 680 Case 1:08-cv-00768-JTT-JDK Document 69 Filed 04/16/12 Page 3 of 29 PageID #: 681 …
Article • June 15, 2012 • from PLN June, 2012
Failure to Advise Defendant of Ineligibility for Early Release Credits Renders Guilty Plea Invalid by A trial court’s failure to advise a defendant of his or her ineligibility for early release credits renders a guilty plea unknowing and involuntary, the Division Three Court of Appeals for the State of Washington …
Brief • May 12, 2012
Filed under: Good Time
Owens v. Stalder, LA, Judgment, Miscalculated Good Time, 2012 Case 1:08-cv-00768-JTT-JDK Document 71 Filed 05/15/12 Page 1 of 2 PageID #: 719 Case 1:08-cv-00768-JTT-JDK Document 71 Filed 05/15/12 Page 2 of 2 PageID #: 720
Brief • February 7, 2012
Filed under: Good Time
Owens v. Stalder, LA, Motion for Summary Judgment, Miscalculated Good Time, 2012 Case 1:08-cv-00768-JTT-JDK Document 59-1 Filed 02/07/12 Page 1 of 10 PageID #: 498 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION KENNETH OWENS Plaintiff CIVIL ACTION NO. 08-0768 VERSUS JUDGE TRIMBLE RICHARD STALDER Defendant MAGISTRATE JUDGE …
Article • November 15, 2011 • from PLN November, 2011
Filed under: Sentencing, Good Time
Second Circuit Holds BOP Correct in Not Granting Good Conduct Credits for Time Spent in State Custody by Brandon Sample On March 26, 2010, U.S. District Court Judge Richard J. Holwell granted a habeas corpus petition filed by a federal prisoner challenging the refusal of the federal Bureau of Prisons …
Article • November 15, 2011 • from PLN November, 2011
Iowa Supreme Court Rules That Sex Offender Treatment Program Requires Due Process Protections by The Iowa Supreme Court held in two companion cases that the Iowa Department of Corrections’ (IDOC) Sex Offender Treatment Program (SOTP) deprived prisoners of due process of law. Before 2001, Iowa prisoners “were eligible for a …
Article • November 15, 2011 • from PLN November, 2011
Filed under: Sentencing, Good Time
California: New Postsentence Rehabilitation Credits Inapplicable to Sentences of Convicted Murderers by The California Court of Appeal held on June 22, 2010 that a new state statute, which authorizes postsentence credit against a determinate term of imprisonment for successful completion of approved rehabilitative programs, does not apply to an indeterminately …
Article • September 15, 2011
Washington Jail's Denial of Good Time Without Hearing Violates Due Process by Division 3 of the Washington State Court of Appeals has held that the Ferry County Jail’s denial of good time credits to a prisoner without notice or a hearing violated the federal Due Process Clause. Kenneth Atwood, a …
Article • September 15, 2011
Prisoners Must Resort to Habeas First before Settling Relief under the Privacy Act when Attacking a Prison Disciplinary Conviction that Involves the Loss of Good Time by Federal prisoners may not seek monetary damages via the Privacy Act when the requested relief, if granted, would necessarily imply the invalidity of …
Article • September 15, 2011 • from PLN September, 2011
Filed under: Sentencing, Good Time
North Carolina Prisoner’s First-Degree Murder Conviction is Valid Basis to Deny Awarding Good Time Credits by David Reutter by David M. Reutter On August 27, 2010, North Carolina’s Supreme Court reversed a grant of habeas corpus relief to a prisoner serving a life sentence for first-degree murder, holding that prison …
Article • September 15, 2011 • from PLN September, 2011
Filed under: Sentencing, Good Time, Parole
Extra Earned Time Sentence Reductions Save Oregon $25 Million by Early prison releases saved Oregon at least $25 million in 2009, according to an audit report by the Secretary of State’s office released in December 2010. On November 1, 1989, Oregon replaced its indeterminate parole matrix sentencing system with a …
No Rehearing For Disciplinary Actions Vacated On Substantive Grounds by Bob Williams By Bob Williams In another unpublished decision, a unanimous Colorado Court of Appeals has held that if a prisoner's administrative disciplinary conviction is vacated on district court review, expungement and not a rehearing is mandatory if the reversal …
Treatment Required For Prisoners Committing Sex Offenses In Prison by Bob Williams By Bob Williams The Colorado Court of Appeals rejected a plea by a state prisoner to avoid Colorado's Sex Offender Treatment Program (SOTP) which the Colorado Department of Corrections (CDOC) requires based on sexually based disciplinary infractions. Timothy …
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