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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
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
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 • July 15, 2011
Restitution Decisions Nondelegable; Alcohol Consumption Supervision Condition Invalid by The Ninth Circuit Court of Appeals held that a lower court erred in imposing supervision conditions which delegated restitution decisions to a probation officer, and prohibiting alcohol consumption. It upheld conditions restricting employment and requiring searches without a warrant. “Marcus Betts …
Article • July 15, 2011
Filed under: Money/Property, Restitution
California: When Fine Imposed Is Payable to State Restitution Fund and Not Directly To Victim, 10% Administrative Fee Is Not Authorized by John Dannenberg By John E. Dannenberg The California Court of Appeal held that when a prisoner is ordered to pay a restitution fine to the State Restitution Fund, …
Article • July 15, 2011
Fifth Circuit: Federal Government May Collect Restitution Up To 20-Years by Matthew Clarke By Matt Clarke The Fifth Circuit court of appeals held that the government may place a lien on property to collect restitution for up to twenty years after the judgment, even if the victim has waived collection …
Article • July 15, 2011
Ninth Circuit Upholds BOP's Authority to Set Payment Schedules Under IFRP by Brandon Sample By Brandon Sample The Federal Bureau of Prisons (BOP) is free to use its Inmate Financial Responsibility Program (IFRP) to collect restitution from prisoners in amounts different than those set by a defendant's sentencing court, the …
Article • July 15, 2011
California: Hospital Billings for Injured Victim Are Not Subject To Restitution Order by The California Court of Appeal held that the sentence of a perpetrator of elder abuse injuries could not be enhanced to include a restitution order to repay the medical billings from his victim's hospital provider. The court …
Article • May 15, 2011
Filed under: Appeals, Sentencing, Restitution
No Automatic Abatement upon Death of Defendant; Heirs May Be Substituted As Parties in Order to Contest Financial Obligations of Deceased Defendant by A criminal defendant who dies during the pendency of his appeal is not entitled to abatement of his conviction or restitution obligations, the Supreme Court of Washington …
Article • April 15, 2011
Filed under: Money/Property, Restitution
Personal Restraint Petition Challenging Restitution Granted in Washington State by On August 8, 2007, a prosecutor in Spokane County, Washington filed and was granted ex parte motions and orders extending jurisdiction for an additional 10 years against Andrew Brady to recover the balance of the restitution and penalties he owed …
MVRA Does Not Permit Victims to Intervene in Another Suit in Order to Collect Restitution by The Mandatory Victims Restitution Act (MVRA) does not allow a victim to intervene into another suit in order to pursue the collection of restitution, the U.S. Court of Appeals for the Ninth Circuit decided …
Article • January 15, 2011 • from PLN January, 2011
Federal Restitution Law Failing Crime Victims by Michael Rigby by Mike Rigby A federal law meant to ensure that victims of violence, fraud and other property crimes are compensated for financial loss does not work as intended. According to the Mandatory Victims Restitution Act (MVRA) passed by Congress in 1996, …
Article • November 15, 2010 • from PLN November, 2010
Audit Finds Oregon Victims Denied Restitution; Prosecutors Largely to Blame by An audit by the Oregon Secretary of State, released in early 2010, found that crime victims are not getting restitution and prosecutors are largely to blame. The 2003 Oregon legislature required prosecutors to investigate and present evidence of economic …
Article • September 15, 2010 • from PLN September, 2010
Filed under: Money/Property, Restitution
U.S. Supreme Court Holds Restitution Deadlines Not Jurisdictional by Under the federal Mandatory Restitution Act (MRA), 18 U.S.C. § 3664(d)(5), “the court shall set a date for the final determination of the victim’s losses, not to exceed 90 days after sentencing.” The U.S. Supreme Court, however, held on June 14, …
Celebrity Justice: Prison Lifestyles of the Rich and Famous by Matthew Clarke by Matt Clarke There are two criminal justice systems in the United States. One is for people with wealth, fame or influence who can afford to hire top-notch attorneys and public relations firms, who make campaign contributions to …
Article • June 15, 2010 • from PLN June, 2010
Georgia’s Privatized Probation System Traps the Poor by David Reutter by David M. Reutter As the prison industrial complex has continued to grow, critics of privatization have adamantly warned that it would lead to financial incentives for for-profit companies to keep people ensnared in the criminal justice system. The privatized …
Article • May 15, 2010 • from PLN May, 2010
Are Debtors’ Prisons Making a Comeback in Indiana? by Justin Miller Concerns are growing that small claims courts in Indiana may be taking actions that amount to the return of debtors’ prisons, sparking national debate on the issue. This has occurred despite objections from the state’s Court of Appeals as …
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