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Article • December 3, 2014 • from PLN December, 2014
Ninth Circuit Affirms Preliminary Injunction in Challenge to California’s CASE Act by Ninth Circuit Affirms Preliminary Injunction in Challenge to California’s CASE Act On November 7, 2012, a federal judge granted a temporary restraining order (TRO) enjoining the implementation of parts of the Californians Against Sexual Exploitation Act (“CASE Act”), …
Article • December 3, 2014 • from PLN December, 2014
Debtors’ Prisons Prevail in Las Vegas, Thanks to Prosecutors and Casino Markers Law by Derek Gilna Debtors’ Prisons Prevail in Las Vegas, Thanks to Prosecutors and Casino Markers Law by Derek Gilna Anyone who has ever been threatened with jail or actually locked up for passing a bad check or …
Article • October 5, 2014
Filed under: Victims, State Legislation
Oregon Defense Investigator under No Duty to Reveal Identity to Victim by Oregon Defense Investigator under No Duty to Reveal Identity to Victim   The Oregon Court of Appeals reversed the revocation of a private investigator's license for failing to tell a crime victim that he worked for a criminal …
No KORA Violation without Change of Residence by No KORA Violation without Change of Residence   The Kansas Supreme Court held that a sex offender did not violate the state's 10-day reporting requirement by failing to report while traveling.   Under the Kansas Offender Registration Act (KORA), sex offenders must …
Article • October 3, 2014
Connecticut Abolishes Death Penalty for Future Capital Crimes by Matthew Clarke by Matt Clarke On April 25, 2012, Connecticut Governor Daniel P. Malloy signed into law legislation that eliminates the death penalty for future crimes and replaces it with life without parole – part of a trend to abolish capital …
Article • October 3, 2014
Kansas Sentencing Law Creates Disparity for Old Law Prisoners by Kansas Sentencing Law Creates Disparity for Old Law Prisoners   Hundreds of Kansas prisoners who committed crimes prior to July 1, 1993 are serving sentences that would have been much shorter under current law. These “old law” prisoners are serving …
Article • October 3, 2014
Law Prohibits Washington State Prisons from Manufacture of Guard Uniforms by Law Prohibits Washington State Prisons from Manufacture of Guard Uniforms   Innovative sewing practices by Washington state prisoners compelled state legislatures to enact a law that prohibits prisoners from making or assembling guards’ uniforms.   “There was some hanky-panky …
Article • October 3, 2014
Washington Supreme Court Reverses Premature Public Record Ruling; Requester Identity Irrelevant to Whether Records Exempt by Washington Supreme Court Reverses Premature Public Record Ruling; Requester Identity Irrelevant to Whether Records Exempt   The en banc Washington State Supreme Court held that a lower court prematurely decided that the identity of …
Article • July 11, 2014 • from PLN July, 2014
North Carolina Repeals Racial Justice Law by North Carolina Repeals Racial Justice Law In June 2013, North Carolina Governor Pat McCrory signed legislation repealing the state’s Racial Justice Act of 2009 (the Act), a controversial law that supporters said was an effort to address racism in death penalty cases. Opponents, …
Article • May 19, 2014 • from PLN May, 2014
California Improves Compensation Process for Wrongfully Convicted Prisoners by California Improves Compensation Process for Wrongfully Convicted Prisoners   On October 13, 2013, California Governor Jerry Brown signed into law Senate Bill 618, legislation that streamlines the process for providing financial compensation to people who are wrongfully convicted, exonerated and released …
Brief • May 7, 2014
Filed under: Voting, State Legislation
Scott v. Bowen, CA, Writ of Mandamus, Right to Vote, 2014 1 2 3 4 5 SUPERIOR COURT OF THE STATE OF CALIFORNIA 6 IN AND FOR THE COUNTY OF ALAMEDA 7 8 9 10 11 12 MICHAEL SCOTT, et al, Case No. RG14-712570 Plaintiffs, ORDER (1) GRANTING PETITION OF …
Publication • January 24, 2014
NY Amended Legislation on Solitary Confinement 2014 2/18/2014 A8588-2013 Text - NY Senate Open Legislation S T A T E O F N E W Y O R K ________________________________________________________________________ 8588 I N A S S E M B L Y January 24, 2014 ___________ Introduced by M. of A. …
Article • August 15, 2013
Connecticut Prohibits Disclosure to Prisoners of Investigation Reports Against Guards by Connecticut legislature has enacted an exemption to the state’s Freedom of Information Act that prevents disclosure of certain records sought by “any individual committed to the custody or supervision of the Commissioner of Correction or confined in a facility …
Article • June 15, 2013 • from PLN June, 2013
Charting a New Justice Reinvestment by Nicole D. Porter by Nicole D. Porter, The Sentencing Project For more than forty years, the correctional system has been dominated by growth. In 1969, the crime rate was 3,680 per 100,000 population and the incarceration rate was 97 state and federal prisoners per …
New Law Gives Parents Behind Bars in Washington State a Way to Hold onto Their Children by Victoria Law by Victoria Law, Truthout On May 8, 2013, Washington State governor Jay Inslee signed SHB1284, or the Children of Incarcerated Parents bill, into law. The law guides the courts' discretion to delay …
Article • June 15, 2013 • from PLN June, 2013
Oregon Rape Victim's Rights Clash with Rights of Accused Rapist by The Oregon Supreme Court, sitting en banc, has dismissed a rape victim's interlocutory appeal of a trial court's order allowing her accused rapist to review her Internet search history on her personal computer as part of his defense. In …
New Hampshire Cancels Private Prison Bids, but Bill Prohibiting Prison Privatization Fails to Pass by After the state of New Hampshire hired a consulting group last year to help evaluate bid proposals for the "construction, operation and potential privatization" of the state's entire prison system, it was determined that all …
Article • May 15, 2013 • from PLN May, 2013
New York Sex Offender Registration Determination is Exception to Article 78 Review by The New York Court of Appeals, the state’s highest court, has held that a determination as to whether a crime committed in another state triggers New York sex offender registration is reviewable in a proceeding to determine …
Article • May 15, 2013 • from PLN May, 2013
Filed under: Escapes, News, State Legislation
Oregon: Only Voluntary Surrender Avoids Fugitive Dismissal Rule by In a 4-3 decision, the en banc Oregon Supreme Court held on June 7, 2012 that a defendant’s “surrender” must be voluntary in order to avoid dismissal of a pending appeal under the state’s fugitive dismissal rule. Pursuant to Oregon Rule …
Oregon Parole Board’s Notice-of-Rights Form Violates APA by On June 6, 2012, the Oregon Court of Appeals agreed that a notice-of-rights form (NOR) used by the Oregon Board of Parole and Post-Prison Supervision (Board) constitutes a rule. Since the NOR was not adopted in accordance with the rulemaking procedures of …
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