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Article • May 20, 2014 • from PLN May, 2014
Filed under: Sentencing, Juveniles
States Adopt Sentencing Changes Following Supreme Court Ruling on Juvenile Lifers by States Adopt Sentencing Changes Following Supreme Court Ruling on Juvenile Lifers   A wave of legal maneuvering is sweeping across the nation due to a deeply divided U.S. Supreme Court decision regarding juveniles serving mandatory sentences of life …
Article • May 20, 2014 • from PLN May, 2014
Filed under: Education
Prison Education Programs Threatened by Matthew Clarke Prison Education Programs Threatened   by Matt Clarke   Corrections officials across the country fear that two recent developments will drastically limit educational opportunities for prisoners – a scenario that research indicates could lead to higher recidivism rates. First, Congress failed to renew …
Article • May 20, 2014 • from PLN May, 2014
Filed under: Sanctions, Parole
Oregon PPS Sanctions May Not Exceed 180 Days; Prior Contrary Ruling Overturned by Mark Wilson Oregon PPS Sanctions May Not Exceed 180 Days; Prior Contrary Ruling Overturned   by Mark Wilson   The Oregon Court of Appeals has held that the Parole Board lacks authority to impose incarceration sanctions in …
Article • May 20, 2014 • from PLN May, 2014
Filed under: Gang Policies
California Prison Regulation Governing Gang Validation Upheld by Ninth Circuit by Michael Brodheim California Prison Regulation Governing Gang Validation Upheld by Ninth Circuit   by Michael Brodheim   Last year the Ninth Circuit upheld the constitutionality of a California prison regulation that guides state prison officials in determining whether or …
Article • May 20, 2014 • from PLN May, 2014
Wisconsin DOC Equips Guards with Pepper Spray, Tasers by Wisconsin DOC Equips Guards with Pepper Spray, Tasers   A report compiled by the Wisconsin Department of Corrections (DOC) found there were 351 assaults, attempted assaults and assault-related injuries involving prison staff from mid-2012 to mid-2013. In response, Corrections Secretary Ed …
Article • May 20, 2014 • from PLN May, 2014
Cancellation of BOP Elderly Offender Pilot Program Moots Appeal by Michael Brodheim Cancellation of BOP Elderly Offender Pilot Program Moots Appeal   by Michael Brodheim   On July 11, 2013, in an amended ruling, the Ninth Circuit dismissed as moot the appeal of a federal prisoner who had been denied …
Article • May 20, 2014 • from PLN May, 2014
Research Finds that Conjugal Visits Correlate with Fewer Sexual Assaults by Research Finds that Conjugal Visits Correlate with Fewer Sexual Assaults   A study conducted by researchers at Florida International University (FIU) found that state prison systems that permit conjugal visits report fewer rapes and sexual assaults than those where …
Article • May 20, 2014 • from PLN May, 2014
Filed under: Judicial Misconduct
Oregon Judge Scolded for Courtroom Rant by Mark Wilson Oregon Judge Scolded for Courtroom Rant   by Mark Wilson   The Oregon Supreme Court has publicly censured a trial court judge for a profanity-laced tirade during a sentencing hearing. In October 2011, Richard Lee Taylor, 60, was convicted of 21 …
Article • May 20, 2014 • from PLN May, 2014
Filed under: Telephone Rates
Pay Tel Receives Waiver of Prison Phone Rate Caps by Pay Tel Receives Waiver of Prison Phone Rate Caps   On January 8, 2014, Pay Tel Communications, a North Carolina company that provides phone services at correctional facilities in 13 states, filed a petition requesting a waiver of the rate …
Article • May 20, 2014 • from PLN May, 2014
Filed under: Sewage
Connecticut Town Raises Stink Over Sewage Discharged by State Prison by Connecticut Town Raises Stink Over Sewage Discharged by State Prison   The town of Cheshire, Connecticut has decided that if it has to take more crap from the Connecticut Department of Correction (CDOC), then it wants help to pay …
Article • May 20, 2014 • from PLN May, 2014
Filed under: Disclosure of Records
California: Trial Court Cannot Abdicate its Responsibility to Examine Peace Officer Personnel Records by Michael Brodheim California: Trial Court Cannot Abdicate its Responsibility to Examine Peace Officer Personnel Records   by Michael Brodheim   On May 6, 2013, the California Court of Appeal held that a trial court conducting an …
Article • May 20, 2014 • from PLN May, 2014
Massachusetts: Order Relieving Sex Offender of Registration Not Vacated Upon Probation Violation by David Reutter Massachusetts: Order Relieving Sex Offender of Registration Not Vacated Upon Probation Violation   by David Reutter   The Massachusetts Supreme Judicial Court has held that once a judge relieves a sex offender of the requirement …
Article • May 20, 2014 • from PLN May, 2014
Warden Granted Qualified Immunity for Two-year Visitation Suspension by David Reutter Warden Granted Qualified Immunity for Two-year Visitation Suspension   by David Reutter   A prison official who suspended a prisoner’s visitation privileges was entitled to qualified immunity because, under the facts of the case, the prisoner did not have …
Article • May 20, 2014 • from PLN May, 2014
Filed under: Threats by Staff
Former Colorado DOC Official Pleads Guilty to Felony Menacing Charges by Former Colorado DOC Official Pleads Guilty to Felony Menacing Charges   Ex-Colorado prison official Mark Edward McKinna, 63, pleaded guilty in May 2013 to six counts of felony menacing with a deadly weapon. McKinna, once a regional director for …
Article • May 19, 2014 • from PLN May, 2014
Witness Protection Program Termination Unreviewable; 188 Days in SHU Triggers Due Process Protections by Mark Wilson Witness Protection Program Termination Unreviewable; 188 Days in SHU Triggers Due Process Protections   by Mark Wilson   The Second Circuit Court of Appeals has held that claims related to termination from a federal …
Second Circuit: Federal Prisoner States Conditions of Confinement Claim by David Reutter Second Circuit: Federal Prisoner States Conditions of Confinement Claim   by David Reutter   The Court of Appeals for the Second Circuit held that a federal prisoner sufficiently stated a claim alleging the conditions of his confinement violated …
Article • May 19, 2014 • from PLN May, 2014
Seventh Circuit Clarifies Standard for Recruiting Counsel in Pro Se Cases by David Reutter Seventh Circuit Clarifies Standard for Recruiting Counsel in Pro Se Cases   by David Reutter   The Seventh Circuit Court of Appeals has held that an Illinois federal district court, like many federal courts in Northern …
Article • May 19, 2014 • from PLN May, 2014
North Dakota Courtroom Shackling Requires Independent Assessment by Judge by Mark Wilson North Dakota Courtroom Shackling Requires Independent Assessment by Judge   by Mark Wilson   The North Dakota Supreme Court has held that a lower court abused its discretion by failing to independently assess the need for shackling a …
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 …
Article • May 19, 2014 • from PLN May, 2014
Filed under: Food, Religious Diet
Florida Prison System Ordered to Provide Kosher Meals by Florida Prison System Ordered to Provide Kosher Meals   A U.S. District Court has ordered the Florida Department of Corrections (FDOC) to begin serving kosher meals to hundreds of Jewish prisoners, following legal challenges after the FDOC discontinued its kosher meal …
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