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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 • May 15, 2011 • from PLN May, 2011
Jailing for Debt on the Rise by Matthew Clarke by Matt Clarke The use of arrest warrants to jail people who have defaulted on debts is increasing. In Minnesota alone, there were 845 civil arrest warrants issued against debtors in 2009, an increase of 60% compared with 2004. Over a …
Article • April 15, 2011
All Florida Prison Claims Challenging Gaintime Awards Preclude Lien for Filing Fee by David Reutter By David M. Reutter The Florida Supreme Court has held that imposition of a lien on a prisoner’s trust account to recover applicable filing fees is precluded in all gaintime actions, regardless of their nature, …
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 …
Article • April 15, 2011
California Prisoners Now Able to Earn Interest on Funds Held In Their Trust Account by On August 1, 2008, California Governor Arnold Schwarzenegger signed Assembly Bill 439 into law. The bill, enacted in response to Schneider v. California Department of Corrections 345 F.3d 716 (9th Cir. 2003), amended Section 5008 …
Article • April 15, 2011
Money May Be Withdrawn From Texas Prisoner's Trust Fund without Prior Notice by On June 5, 2009, the Supreme Court of Texas held that funds may be removed from a state prisoner's trust fund account to satisfy a court order without prior notice to the prisoner. Walter E. Harrell, a …
Article • April 15, 2011 • from PLN April, 2011
Billing Medicaid Would Save NC $11.5 Million in Prison Medical Care Costs by Mark Wilson The North Carolina Department of Corrections (NCDOC) “could save about $11.5 million a year by requiring hospitals and other medical service providers to bill Medicaid for eligible inmate inpatient hospital and professional services,” according to …
Article • March 15, 2011
$150 Jury Award in Prisoner’s Destroyed Property Claim by The California Department of Corrections paid $150.00 to settle a prisoner’s due process violation claim. In his complaint, Prisoner Gregory L. Rhoades claimed staff at the Corcoran Correctional Institute destroyed personal property, which consisted of family photos, his mother’s wedding ring, …
Article • March 15, 2011
Settlement Proceeds Unrelated to Personal Injury or Sickness Are Subject to Taxation by Proceeds from a legal settlement unrelated to personal injury or sickness are subject to taxation, the U.S. Court of Appeals for the Sixth circuit decided February 26, 2010. Daniel and Brenda Stadnyk received a $49,000 settlement from …
Article • March 15, 2011
$2,000 Settlement in Confiscation of DC Prisoner’s Medical Braces by The District of Columbia (DC) paid $2,000 to settle a lawsuit filed by prisoner Patrick Brady, claiming a guard confiscated his medical braces. The confiscation occurred on July 27, 1997, which was three days after doctors at the DC General …
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 • February 15, 2011 • from PLN February, 2011
1,295 Prisoners Scam Government for $9.1 Million by by Mark Wilson In 2008, 1,295 prisoners – including 241 serving life sentences – bilked the federal government out of $9.1 million in fraudulent home buyer credits, according to a June 23, 2010 report by the Inspector General (IG) of the U.S. …
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 • December 15, 2010 • from PLN December, 2010
Filed under: Money/Property, Bond Fees
Massachusetts Clerk Magistrates and Assistants Pocket Millions in After-Hours Fees by Matthew Clarke by Matt Clarke In 2009, 191 of 210 clerk magistrates and assistants in Massachusetts padded their incomes by pocketing over $2.5 million in after-hours bail fees. Clerk magistrates and assistants are paid salaries ranging from $84,000 to …
Article • December 15, 2010 • from PLN December, 2010
Filed under: Money/Property, Bail Bonds
Over $26 Million Owed for Forfeited Bail Bonds in Harris County, Texas by Matthew Clarke by Matt Clarke If you are arrested in Harris County (Houston), Texas, you can usually pay a bondsman 10% of the bail amount to get out of jail. The bondsman pledges the full amount and …
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 …
Brief • November 4, 2010
IRS excluded wrongful incarceration, Memo, IRS, 2010 Doc 2010-24317 (2 pgs) Office of Chief Counsel Internal Revenue Service memorandum Number: 201045023 Release Date: 11/12/2010 CC:ITA:B04:SAIskow PRESP-140001-10 UILC: date: to: from: subject: Third Party Communication: None Date of Communication: Not Applicable 104.03-00 November 04, 2010 David Alito Acting Director, Compliance (W&I) …
Settlement Allows North Carolina Prisoners to Receive Compensation for Writings by David Reutter by David M. Reutter North Carolina’s Department of Corrections (NCDOC) has entered into a settlement agreement that allows prisoners to prepare for publication and receive compensation for manuscripts so long as the prisoner “authorizes a family member …
Pennsylvania Prisoner Awarded $185,000 in Civil Rights Claim; Harassment Continues by David Reutter by David M. Reutter A Pennsylvania federal jury has awarded $185,000 to a prisoner in a civil rights action alleging conspiracy, retaliation, obstruction of access to the courts and defamation of character. Pennsylvania state prisoner Andre Jacobs …
Publication • October 1, 2010
Healthcare Copay Report, 2010 - Bureau of Prisons Federal Prisoner Health Care Copayment Act of 2000 Report to Congress Status Report: October 2010 Legislative Summary: On October 12, 2000, the President signed into law the Federal Prisoner Health Care Copayment Act of 2000 (P.L. 106-294) (codified at 18 U.S.C. § …
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