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Article • March 15, 2001 • from PLN March, 2001
Filed under: Sentencing, Parole
The Continuing Saga of Corruption in the New York State Parole System by In 1992 a young Korean man, John Kim, was sentenced to four to twelve years for armed robbery. Four years later he walked out paroled, after his father, pastor of a prominent Korean congregation in New York …
Article • March 15, 2001 • from PLN March, 2001
Oregon Compelled Parole Statute Not Retroactive by The Oregon Supreme Court affirmed a lower court decision, which held that the retroactive application of a 1985 "compelled parole" statute violated the constitutional prohibition against ex post facto laws. In 1985 the Oregon legislature enacted ORS 144.245(3) that mandates: "In no case …
Article • February 15, 2001 • from PLN February, 2001
$5,500 Awarded in NY Unlawful Imprisonment Suit by On May 4, 2000, the New York court of Claims awarded Allen Israel $5,600 in damages after New York parole officials wrongfully violated his parole. Israel had a maximum parole expiration date of April 12, 1996. His parole was later revoked due …
DC District Court Denies Guards' Summary Judgment Retaliation Case by A federal district court in the District of Columbia has denied prison guards' motion for summary judgment and set for trial a civil rights suit alleging that guards retaliated against prisoners who complained of a guard's repeated unsolicited sexual propositions. …
Article • January 15, 2001 • from PLN January, 2001
NY Prisoners Have Liberty Interest in Work Release by Ronald Young NY Prisoners Have Liberty Interest In Work Release by Ronald Young A federal district court for the Eastern District of New York held that the failure of the state to provide a prisoner with 24 hour's notice of a …
Article • January 15, 2001 • from PLN January, 2001
Filed under: Sentencing, Parole
Morrissey Protections Required for WA Community Custody Revocation by In a case of first impression, the Washington state court of appeals held that an individual facing community custody revocation is entitled to the procedural protections established in Morrissey v. Brewer, 408, U.S. 471, 92 S.Ct. 2593 (1972), but that counsel …
Fired Washington Parole Officer Wins $250,000 Settlement by Washington state parole officer Barbara A. Nelson was fired in 1998 after the state was hit for more than $6.4 million to pay off lawsuits alleging negligence for her failure to property supervise parolees. Three men whose cases Nelson handled killed three …
Article • December 15, 2000 • from PLN December, 2000
Filed under: Sentencing, Parole
CA Court Overrules Parole Denial by John E Dannenberg By John E. Dannenberg The CA Court of Appeals affirmed the Los Angeles superior court's ruling that there was "no evidence" to support the Board of Prison Terms' (BPT) parole unsuitability finding for a 2nd degree murderer and ordered the BPT …
Article • November 15, 2000 • from PLN November, 2000
Reconsidering Restorative Justice: The Corruption of Benevolence Revisited? by A A Condensed by David Rhys Adapted from an article by Sharon Levrant, Francis T. Cullen, Betsy Fulton and John F. Wozniak which appeared in the journal Crime & Delinquency, Vol. 45 No. 1, January 1999. Three decades have passed since …
Retaliatory Denial of WA Parole Decision Vacated by The Washington state Supreme Court, sitting En Banc held that Washington's Indeterminate Sentencing Review Board (ISRB) improperly considered a history of filing litigation and grievances against prison officials, in finding that a prisoner was unfit for parole. During a 1997 parole consideration …
Article • November 15, 2000 • from PLN November, 2000
Texas Prisons Heat Up As Parole Hopes Fade by Ronald Young By Ronal Young The summer continued to heat up in the Texas prison system even before the season officially began. On May 5, 2000, guards at the Stiles prison near Beaumont overpowered an armed male prisoner after he briefly …
Article • October 15, 2000 • from PLN October, 2000
New Jersey Parole Board Chief Resigns by The chairman of the New Jersey state Parole Board submitted his resignation July 28, 2000, as authorities neared the end of a two-year investigation into his alleged links with organized crime. A law enforcement source close to the investigation told The Record, the …
Washington Earned Early Release Credits Create Due Process Liberty Interests by Mark Cook The Washington State Court of Appeals, Division One, has held that: (1) a prisoner's right to community custody placement created limited due process liberty interests, but (2) delay did not violate prisoner's due process rights. Matthew S. …
U.S. Parole Commission Retaliation Reversed by Scott Fleming The Ninth Circuit U.S. Court of Appeals issued a ruling that safeguards the due process rights of prisoners whose release dates are committed to the discretion of parole agencies. In Bono v. Benov, 197 F.3d 409 (9th Cir. 1999), the court affirmed …
Article • June 15, 2000 • from PLN June, 2000
Pro Se Tips and Tactics by John Midgley Supreme Court Decides Georgia Parole Case by John Midgley In many states, there are parole boards that decide when prisoners will be released. In these states, the timing of when the parole board will consider parole the timing of "initial" parole consideration …
Article • June 15, 2000 • from PLN June, 2000
Colorado Prison Population Exploding by Bob Williams Last summer the Executive Director of the Colorado Department of Corrections, John Suthers, announced to the Colorado Legislature that Colorado's male prison population is growing at its fastest rate ever. In fact, at an average of 1.3% per month in the second quarter …
Article • June 15, 2000 • from PLN June, 2000
Filed under: Sentencing, Parole
U.S. Parole Commission Bound by Own Rules by The court of appeals for the Third circuit held that the U.S. Parole Commission (USPC) was bound by its own rules and erred in calculating a prisoner's parole eligibility date. Former CIA agent Edwin Wilson was convicted in 1982 of transporting firearms …
Article • May 15, 2000 • from PLN May, 2000
Testing Testing: Sweat Patch Under Scrutiny by Lara A. Bazelon Sheryl Woodhall a California woman in her late 30s, first lost custody of her four children in 1995, when her youngest tested positive for methamphetamine at birth. The state's Child Protective Services intervened and sent her two older children to …
2003 Washington Legislative Round-up by Lonnie Burton In its 2003 session the Washington leg-islature enacted numerous laws affecting prisoners. Highlights of the most relevant laws are as follows: Regional Jails Substitute House Bill 1609 instructs the Sentencing Guidelines Commission to present a plan by Dec. 31, 2003, for creating "pilot …
Nevada Religious Group Gets Federal Money to Help Prisoners, Delivers Nothing by Nevada Religious Group Gets Federal Money to Help Prisoners, Delivers Nothing by Matthew T. Clarke Alliance Collegiums Association of Southern Nevada (ACASN), a faith-based organization led by black ministers with the stated mission of providing prisoners with support …
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