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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, …
Article • September 15, 2010 • from PLN September, 2010
Pay-to-Stay Jails Unsuccessful in Ohio by David Reutter by David M. Reutter Part of the legacy of the punitive criminal justice philosophy of the 1990s is pay-to-stay incarceration, which involves jails charging prisoners booking fees and per-diem fees. [See: PLN, July 2010, p.10]. The rhetoric behind pay-to-stay programs is that …
Louisiana Judge, Attorneys Plead Guilty to Bribery Charges by Michael Brodheim In October 2009, following plea negotiations with federal prosecutors, a Louisiana judge and two lawyers pleaded guilty for their roles in a bail bond-rigging conspiracy that allowed about 100 prisoners over a five-year period to get out of jail …
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 • July 15, 2010 • from PLN July, 2010
Massachusetts Supreme Judicial Court: Sheriff May Not Charge Jail Fees by Matthew Clarke by Matt Clarke On January 5, 2010, the Supreme Judicial Court of Massachusetts held that the Sheriff of Bristol County could not charge fees for certain jail services. In 2002, prisoners at the Bristol County House of …
Article • July 15, 2010 • from PLN July, 2010
Former New York Corrections Commissioner Receives Four-Year Prison Sentence by Matthew Clarke by Matt Clarke On February 18, 2010, a New York federal judge sentenced Bernard “Bernie” Kerik, 54, to four years in federal prison after Kerik pleaded guilty to five counts of making false statements to federal agents, two …
Publication • June 30, 2010
Asset Forfeiture Handbook, ICE, 2010 Department of Homeland Security Homeland Security Investigations Asset Forfeiture Handbook HSI HB 10-04 June 30, 2010 OFFICIAL USE ONLY Foreword The Asset Forfeiture Handbook provides a uniform source of national policies, procedures, responsibilities, guidelines, and controls to be followed by U.S. Immigration and Customs Enforcement …
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 …
New York’s Catch-All Contraband and Anti-Smuggling Rules Unconstitutionally Vague by In a suit for damages and injunctive relief, the Second Circuit Court of Appeals affirmed the district court’s de-termination that prison prohibitions against “smuggling” and “contraband” were unconstitutionally vague as applied to Mujahid Farid, a New York state prisoner serving …
Article • June 15, 2010 • from PLN June, 2010
Federal Circuit Rejects Prisoner’s Claim of Copyright Infringement by The U.S. Court of Appeals for the Federal Circuit affirmed the dismissal of a federal prisoner’s copyright infringement suit filed against Federal Prison Industries, Inc. (FPI, also known as UNICOR), the prison sweatshop arm of the U.S. Bureau of Prisons. While …
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 …
Article • May 15, 2010 • from PLN May, 2010
Filed under: Sentencing, Restitution
Washington LFOs Issued Before July 1, 2000 Expire in 10 Years by The Washington State Supreme Court has unanimously held that restitution orders issued before July 1, 2000 expire and become void after 10 years, unless extended by the trial court before expiration. In 1992, Henry Gossage was convicted of …
Medical Review Board’s Order Properly Excluded in Connecticut Worker’s Compensation Claim by The Connecticut Supreme Court has affirmed an order by the compensation review board that approved the refusal of the workers’ compensation commissioner to admit into evidence a decision by the state medical examining board awarding a prison guard …
Washington State DNA Collection Fee Affirmed on Appeal by On October 15, 2008, Brandy Brewster of Washington State was convicted by a jury for possession of cocaine, for which she was arrested almost two years previously on November 15, 2006. At her sentencing on December 8, 2008, Ms. Brewster was …
Article • May 15, 2010
Ninth Circuit Holds VA Benefits can Be Used to Help Pay for Incompetent Veteran's Subsistence by The Ninth Circuit has held that the Veteran's Benefits Act, which makes benefits earned by United states military veterans "exempt from the claims of creditors" (38 U.S.C. § 5301 (a) (1)), does not prohibit …
Washington DOC Pays Work Release Prisoner Back $3,660 Confiscated in Room Search by In January 2007, Washington state prisoner, Kenneth Lee, was housed at a work release facility in Seattle. During a search of his room, DOC staff discovered $3,600 in cash, which was confiscated because it exceeded the $60 …
Article • April 15, 2010 • from PLN April, 2010
Filed under: Money/Property, Restitution
Washington Jail a Modern-Day Debtor’s Prison by Gary Hunter In Washington state’s Spokane County, some people are serving more jail time for failing to pay court costs than they served under their original sentence. Michael Lafferty was sentenced to less than 90 days for a third-degree assault conviction. Court costs …
Article • April 15, 2010 • from PLN April, 2010
Oklahoma Courts Collecting Fines, Costs at Expense of Justice by Oklahoma judges are pushing for larger fines imposed on criminal defendants to compensate for a shortfall in courthouse budgets. The downturn in the economy has affected almost everyone, and the courts are no exception. Judges in Oklahoma have seen a …
Article • April 15, 2010 • from PLN April, 2010
$491,668 Settlement in Class-Action Suit Against Spokane County Jail by Matthew Clarke by Matt Clarke On September 18, 2009, a U.S. District Court in Washington state granted preliminary approval to a settlement in a class-action lawsuit that challenged booking fee procedures at the Spokane County Jail. Shawn Huss, a former …
Article • April 15, 2010 • from PLN April, 2010
Florida County Jail Discontinues Medical Co-Pay Policy by David Reutter by David M. Reutter Saying it was “not even worth it” to collect an $8 medical co-payment from prisoners seeking medical care, Florida’s Pinellas County Sheriff Jim Coats has abolished the practice at his jail. In these tough economic times …
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