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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 …
Article • May 15, 2013 • from PLN May, 2013
New York Creates “All Crimes DNA Database” by New York has become the first state in the nation to establish a so-called “all crimes DNA database.” Like most states, New York already collects DNA samples from convicted felons. On March 19, 2012, however, Governor Andrew M. Cuomo signed into law …
Federal Court Limits New York’s Civil Commitment Statute, but Injunction Vacated on Appeal by Derek Gilna A decision by the U.S. District Court for the Southern District of New York severely restricted portions of New York’s Sex Offender Management and Treatment Act (SOMTA). A lawsuit filed by Mental Hygiene Legal …
Article • March 15, 2013 • from PLN March, 2013
Wisconsin Supreme Court Clarifies Sex Offender Registration for Homeless Prison Releasees by William Dinkins, Sr. was about to be released from a Wisconsin state prison, having completed a ten-year sentence for a sex offense, when he was informed that at least 10 days before his release he must register the …
Article • February 15, 2013 • from PLN February, 2013
Alabama Law Meant to Ensure Transparency in Judicial Elections Not Enforced for 16 Years by Derek Gilna An Alabama law that became effective in 1996, designed to remove any appearance of impropriety in the funding of judicial election campaigns, has languished while all three branches of state government have failed …
Article • January 15, 2013 • from PLN January, 2013
Louisiana Public Service Commission Votes to Lower Prison and Jail Phone Rates by Mel Motel On December 12, 2012, after a “raucous” hearing with four hours of testimony, the Louisiana Public Service Commission (LPSC) voted to lower the cost of telephone calls made from state prisons and local jails. With …
Louisiana Sex Offender Internet Restrictions Unconstitutional by In a February 16, 2012 opinion, a Louisiana federal court held that restrictions placed on sex offenders’ Internet access were unconstitutional. John and James Doe are pseudonyms for two Louisiana registered sex offenders who filed a federal civil rights action, pursuant to 42 …
Article • December 15, 2012 • from PLN December, 2012
Federal Court Upholds Maryland Law that Reclassifies Prisoners for Redistricting by David Reutter by David M. Reutter On December 23, 2011, a Maryland federal district court three-judge panel upheld a state law that counts prisoners as residents of their legal home address rather than their prison address for redistricting purposes. …
Pennsylvania Guards Charged with Physical, Sexual Abuse of Prisoners by A Pennsylvania state prison guard was arrested on September 27, 2011 and charged with 89 counts of physically and sexually abusing prisoners at State Correctional Institution (SCI) Pittsburgh. Seven other guards were initially suspended, and three face related charges. Before …
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