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Utah Prisoners Incarcerated Longer Due to Lack of Rehabilitation Program Space by Since 2011, the average length of a Utah state prisoner's incarceration has increased by three months. The reason is a lack of space in rehabilitation programs--especially programs for sex offenders—combined with a parole board requirement that prisoners complete …
Article • August 25, 2016
California "Reason to Know" Probation Condition Not Unconstitutionally Vague by Mark Wilson The California Court of Appeals held that a probation condition prohibiting association with persons “you know, or reasonably should know” are drug users is not unconstitutionally vague. In 2012, Jaime Mata Mendez was convicted of California drug charges …
Sixth Circuit: Requiring Admission of Guilt to Participate in Mandatory-for-Parole SOTP No Fifth Amendment Violation by Matthew Clarke On April 4, 2012, the Third Circuit court of appeals held that requiring an admission of guilt to participate in an in-prison sex offender treatment program (SOTP) did not violate the Fifth …
Article • August 22, 2016
Fifth Amendment Right Waived, If Not Invoked During Polygraph Test by Pennsylvania parolee David S. Knoble served his sentence for endangering the welfare of a child, conspiring with his wife for her to engage in sexual intercourse with his 14-year old son and then placed on four-year probation. He was …
Article • August 22, 2016
Filed under: Parole, Parole Conditions
D.C. Circuit Rejects Ex Post Facto Challenge to Application of Parole Regulations by On August 6, 2010, the U.S. Court of Appeals for the D.C. Circuit affirmed a denial of habeas relief to a prisoner who claimed that the U.S. Parole Commission violated the Ex Post Facto Clause in denying …
Article • August 19, 2016
New Jersey May Retroactively Impose GPS Monitoring on Sex Offender Sentenced to Community Supervision for Life by On January 19, 2016, a New Jersey court of appeals held that it was not a violation of the New Jersey or federal ex post facto clauses to retroactively impose GPS monitoring for …
Article • August 19, 2016
Fifth Circuit Reverses Supervised Release Condition Prohibiting Defendant from Residing with Anyone Who Is Not A Blood Relative or Who He Is Not Married To by On June 16, 2008, the U.S. Court of Appeals for the Fifth Circuit reversed a supervised release condition prohibiting a defendant from living with …
Article • August 12, 2016
Filed under: Parole, Parole Conditions
PV Arrest Qualifies for Oregon Resisting Arrest Conviction by Mark Wilson The Oregon Supreme Court held that arrest for a probation or parole violation qualifies as an arrest for Oregon's resisting arrest statute. In 2009, police stopped Curtis McClure and asked his name. McClure told them and asked if he …
Article • August 12, 2016
No Oregon DNA Appeal Unless Testing is Denied or Limited by Mark Wilson The Oregon Court of Appeals held that prisoners do not have a due process right to a psychological evaluation at state expense for "rehabilitation hearings." Oregon prisoners convicted of Aggravated Murder are sentenced to life imprisonment with …
The Impact of Probation and Parole Populations on Arrests in Four California Cities, Justice Center, 2013 The Impact of Probation and Parole Populations on Arrests in Four California Cities A report prepared by the Council of State Governments Justice Center The Impact of Probation and Parole Populations on Arrests in …
Article • August 10, 2016
Wisconsin Parole Hampered by Prison Bureaucrats by David Reutter An “irrational” and unaccountable system is preventing Wisconsin’s parole eligible prisoners from satisfying requirements to merit release on parole. About 15% of Wisconsin’s more than 32,000 prisoners have sentences that allow them to be paroled. They are the remnant that lingers …
Nebraska Law Limiting Sex Offender Internet Use “Guts” Constitutional Rights by David Reutter Driven by “rage” and “revulsion” of registered sex offenders, the 2009 Nebraska Legislature enacted LB 97, which allowed law enforcement to monitor and restrict Internet usage by those offenders. In an exhaustive order following a trial, U.S. …
California Parole Agents Often Have Dangerously High Caseloads by When Jaycee Dugard escaped from captivity in Oakland, California sex offender Phillip Garrido's backyard, it became apparent that both state and federal parole officers had missed multiple opportunities to discover and rescue her during the 18 years she was held captive. …
Tenth Circuit Finds Compelled, Incriminating Sex Offender Polygraphs Unconstitutional by Christopher Zoukis In May 2016, the U.S. Court of Appeals for the Tenth Circuit held that sex offenders released from custody cannot be compelled to answer potentially incriminating polygraph questions as a condition of their supervised release. The ruling came …
Article • June 3, 2016 • from PLN June, 2016
Washington DOC Ends Marijuana Testing for Parolees by Christopher Zoukis The Washington Department of Corrections (DOC) announced on June 1, 2014 that it will no longer test parolees for marijuana use – a move that will allow some 14,000 parolees to enjoy recreational marijuana like other citizens in the state. …
Article • June 3, 2016 • from PLN June, 2016
Special Supervised Release Conditions Require Sufficient Findings by The Eighth Circuit Court of Appeals held on June 19, 2015 that an Iowa federal district court had abused its discretion in imposing a special condition of supervised release related to alcohol use. Before the appellate court was the appeal of Dennis …
Colorado Office of the State Auditor - DOC Behavioral Health Programs Audit, 2016 DEPARTMENT OF CORRECTIONS BEHAVIORAL HEALTH PROGRAMS NOVEMBER 2016 PERFORMANCE AUDIT THE MISSION OF THE OFFICE OF THE STATE AUDITOR IS TO IMPROVE GOVERNMENT FOR THE PEOPLE OF COLORADO LEGISLATIVE AUDIT COMMITTEE Representative Dan Nordberg – Chair Representative …
Publication • 2016
Use of Electronic Offender-Tracking Devices, PEW, 2016 A brief from Sept 2016 Use of Electronic Offender-Tracking Devices Expands Sharply Number of monitored individuals more than doubled in 10 years Overview The number of accused and convicted criminal offenders in the United States who are monitored with ankle bracelets and other …
Article • May 5, 2016 • from PLN May, 2016
Seventh Circuit Reverses Dismissal of Ex-prisoner’s § 1983 Action Regarding Computer Disk by Derek Gilna Craig A. Childress was an Illinois state prisoner at the Big Muddy River Correctional Center who was released from custody to mandatory supervised release in 2010. At the time of his release, a prison official …
Article • April 1, 2016 • from PLN April, 2016
Filed under: Parole Conditions
Medical Marijuana Use by Arizona Probationer Cannot Support Violation by The Arizona Supreme Court held on April 7, 2015 that “any probation term that threatens to revoke probation for medical marijuana use that complies with the terms of AMMA [the Arizona Medical Marijuana Act] is unenforceable and illegal under AMMA.” …
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