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Article • September 15, 1997 • from PLN September, 1997
New Jersey Prisoners Have Liberty Interest in Parole by A federal district court in New Jersey held that New Jersey parole statute N.J.S.A. § 30:4-123-53(a) creates a due process liberty interest in parole release. Hubert Watson filed suit under 42 U.S.C. § 1983 claiming his due process rights were violated …
ADA Applies to State Prisons by A federal district court in California held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131-34 and the Rehabilitation Act (RA), 29 U.S.C. § 794, apply to state prisons and the California Department of Corrections (CDC) must comply with their respective provisions. …
Article • August 15, 1997 • from PLN August, 1997
Filed under: PLRA, Filing Fees (PLRA), Parole
Fourth Circuit Affirms PLRA IFP Provisions in Parole Suit by The court of appeals for the fourth circuit held that changes to 28 U.S.C. § 1915 by the Prison Litigation Reform Act (PLRA), which requires prisoners to pay full filing fees in all civil litigation, are constitutional. Gary Roller, a …
Article • August 15, 1997 • from PLN August, 1997
Washington Prison Legislation by The Washington state legislature ended its 1997 session by passing very few laws that directly impact Washington prisoners. Laws that were signed into law were: ISRB: House Bill 1646 extended the existence of the Indeterminate Sentence Review Board (ISRB, AKA the parole board) another ten years …
Article • June 15, 1997 • from PLN June, 1997
Federal Parolees Kicked off Internet by The U.S. Parole Commission has said that it was so disturbed by the amount of information available on the Internet about child sex rings, recipes for explosives, and plans for hate crimes that in December, 1996, without holding any public hearings, it approved restrictions …
Article • May 15, 1997 • from PLN May, 1997
US Supreme Court: Oklahoma Pre-Parole Program Requires Hearing Before Removal by by Paul Wright On March 18, 1997, justice Clarence Thomas released a ruling for a unanimous U.S. supreme court holding that an Oklahoma "pre-parole" program designed to relieve prison overcrowding was sufficiently similar to parole to require a due …
Article • February 15, 1997 • from PLN January, 1997
Virginia Hawks Parolees' Names by Beginning in July 1996, the Virginia Department of Corrections (DOC) began publishing what has so far proven to be a hot seller: lists of parolees' names, address, offenses, sex and race. The parolee lists costs $5 per zip code. Bargain hunters, however, can purchase a …
Article • February 15, 1997 • from PLN February, 1997
Costs of Crime by JW Mason by J.W. Mason Suppose you could calculate the dollar value of the costs of crime -- lost property, medical bills, missed work, pain and suffering -- and figure out its total yearly cost to society? While "putting a dollar value on the suffering resulting …
Article • October 15, 1996 • from PLN October, 1996
Extending Release Date Violates Eighth Amendment by A federal district court in Illinois held that the eighth amendment is violated when a prisoner is held almost two years past his release date. Don Campbell, an Illinois state prisoner, was released from prison in 1986 to serve a two-year term of …
Article • October 15, 1996 • from PLN October, 1996
Texas Parole Rules on Litigants and Victim Statements Enjoined by A federal district court in Texas issued an extensive injunction prohibiting the Texas Board of Pardons and Paroles (TBPP) from taking into account either a prisoner's litigation history or unverified protest statements which oppose a prisoner's parole in making parole …
Article • October 15, 1996 • from PLN October, 1996
Parolee's Jail Rights Discussed by The court of appeals for the fifth circuit addressed, for the first time ever, the question of what rights are retained by a parolee who is charged with a crime and is also held on a detainer. Steven Hamilton was on parole for various sex …
Article • September 15, 1996 • from PLN September, 1996
Rhode Island Fee Violates Ex Post Facto by A federal district court in Rhode Island held that a DOC policy imposing a monthly supervision fee on probationers convicted before enactment of the statute allowing assessment of such fees violated the ex post facto provisions of the U.S. and Rhode Island …
Pro Se Tips and Tactics by John Midgley In the June issue of PLN, I discussed the defense of so-called "qualified immunity" that is available to public officers and employees sued under 42 U.S.C. § 1983. This companion column discusses the other kind of immunity you may run into, so-called …
U.S. Supreme Court to Review Cases by Washington Disc. Case On April 29, 1996, the US Supreme Court announced it would hear an appeal by Washington state prison officials involving a prisoner's challenge to the loss of good time during a prison disciplinary hearing. Jerry Balisok filed suit under 42 …
Article • June 15, 1996 • from PLN June, 1996
Filed under: Sentencing, Parole
Maryland Lifers Denied Parole by Rocky Hines In 1993, the Maryland DOC instituted a policy which denied all lifers a security status below medium. Those lifers who were then in minimum security facilities, pre-release, and work release were checked in and transferred to maximum and medium security prisons. This was …
Article • May 15, 1996 • from PLN May, 1996
Michigan Parole Law Unconstitutional by A federal district court in Michigan held that 1992 amendments to Michigan laws extending the time period between parole reviews violated the ex post facto clause of the US constitution. This case consists of a class action suit under 42 U.S.C. § 1983 filed by …
Article • April 15, 1996 • from PLN April, 1996
Parole Change Violates Ex Post Facto Clause by In the July, 1995, issue of PLN we reported the supreme court's ruling in Morales v. California Department of Correction, 115 S.Ct. 1597 (1995) which held that legislatively extending the time in which a prisoner can appear before a parole board does …
Article • April 15, 1996 • from PLN April, 1996
Oklahoma Pre-Parole Status Creates Liberty Interest by The court of appeals for the tenth circuit has held that Oklahoma's pre-parole conditional supervision program creates a due process liberty interest which mandates a hearing before prisoner's can be removed from it. This case is significant because it was decided in the …
Article • February 15, 1996 • from PLN February, 1996
Filed under: Sentencing, Good Time, Parole
ISRB Can't Change Rules to Avoid Compliance with Court Order by ISRB Can't Change Rules to Avoid Compliance with Court Order The Washington state supreme court held that the Indeterminate Sentence Review Board (ISRB, AKA the parole board), could not retroactively amend its regulations in order to deny prisoners relief. …
WA Passes Record Anti-Prisoner/Defendant Legislation by Paul Wright By Paul Wright In the March, 1995, issue of PLN I gave a rundown on most of the anti-prisoner and defendant legislation then pending in the legislature. After we had gone to press for that issue Ida Ballasiotes, the rabid chair of …
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