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Article • January 15, 2008
Prisoner Cannot Sue BOP Under Privacy Act by Gabriel Scaff-Martinez, a federal prisoner, filed suit against the United States Bureau of Prisons (BOP) pursuant to the Privacy Act, 5 U.S.C. § 552a(d), (e)(5) and (g), alleging that the BOP had failed to maintain accurate records, expunge false information from his …
Retroactive Application of NJ Sex Offender Law Upheld by The plaintiffs were convicted before September 1979 of sex offenses and their conduct determined to be characterized by "a pattern of repetitive and compulsive behavior." They were sentenced to indeterminate terms in an Adult Diagnostic and Treatment Center and could not …
Article • December 15, 2007
California Supreme Court Ignores Statutory Language to Reduce Lifers' "Expectation" of Parole to Only a "Hope" by In a 4-3 decision, the California Supreme Court interpreted California's lifer parole statute (Penal Code § 3041) so as to ignore the Legislature's mandate to "normally set a parole release date" at the …
Article • October 15, 2007 • from PLN October, 2007
BOP May Not Foreclose Transfer to Community Corrections Center Based on Length of Remaining Sentence by John Dannenberg The Second Circuit U.S. Court of Appeals has held that federal Bureau of Prisons (BOP) prisoners seeking transfers to community correctional centers (CCC) before reaching a point when they have the greater …
Article • September 15, 2007 • from PLN September, 2007
U.S. Parole Commission Rules are “Laws” for Ex Post Facto by U.S. Parole Commission Rules are "Laws" for Ex Post Facto The United States Court of Appeals for the District of Columbia (DC) Circuit held that a lower court incorrectly concluded that new parole regulations were not "laws" for ex …
Article • September 15, 2007 • from PLN September, 2007
§ 1983 Suit Challenging New York’s Blanket Parole Denial “Policy” Survives Motion to Dismiss by John Dannenberg § 1983 Suit Challenging New York's Blanket Parole Denial "Policy" Survives Motion to Dismiss by John E. Dannenberg The U.S. District Court (S.D. N.Y.) denied the New York State Division of Parole's ("Board") …
Article • September 15, 2007 • from PLN September, 2007
Pennsylvania DNA Act Not Ex Post Facto by The Pennsylvania Supreme Court held that the state?s mandatory DNA collection law does not violate state or federal ex post facto prohibitions. The court upheld application of the law to one defendant, finding that she was convicted of a predicate offense. It …
Article • July 15, 2007 • from PLN July, 2007
Tennessee Parole Rules-Changes as Applied to Old Lifer May Violate Ex Post Facto by The Sixth Circuit U.S. Court of Appeals held that a double-murderer convicted in 1975, serving life in Tennessee, was entitled to the benefit of 1974 parole rules which conditionally provided that ?... such prisoner shall be …
Temporary Restraining Order Suspends California’s Sex Offenders’ Housing Banishment Law by John Dannenberg Temporary Restraining Order Suspends California's Sex Offenders? Housing Banishment Law by John E. Dannenberg The U.S.D.C. (N.D. Cal.) issued a Temporary Restraining Order (TRO) on November 8, 2006, the same day California voters approved state Proposition 83 …
Article • July 15, 2007 • from PLN July, 2007
Retroactive Application of Missouri Sex Offender Registration Law Banned by Missouri's Supreme Court has held that the state's "Megan's Law" cannot be retroactively applied to persons convicted prior to January 1, 1995. The ruling affects about half of the people previously required to register as sex offenders, but allows information …
Article • May 15, 2007
Federal Release Notice Statute Constitutional; Applies to Drug Trafficker Released Early by Federal Release Notice Statute Constitutional; Applies to Drug Trafficker Released Early The Eighth Circuit Court of Appeals affirmed a Minnesota District Court's order dismissing a claim seeking declaratory judgment against a statute requiring that law enforcement be notified …
Article • May 15, 2007
Retroactive Application of Rule Taking Street Time Valid by The District of Columbia Court of Appeals held that neither the ex post facto clause nor the due process clause of the Constitution was violated by retroactive application of a prior D.C. Court of Appeals ruling holding that "street time" should …
Montana Supreme Court Upholds State's Sex Offender Registration Act by The Montana Supreme Court held that the state's sex offender registration act could be applied retroactively and did not violate an offender's rights under the state or federal constitutions. In 1989 Montana enacted the Sexual Offender Registration Act, which required …
Article • May 15, 2007
US Parole Commission Amendment Upheld by The Tenth Circuit Court of Appeals held that application of a 1987 amendment to the Sentencing Reform Act of 1984 (SRA) does not violate the due process rights of federal prisoners. The court also held that the amendment is not an unlawful Bill of …
Article • May 15, 2007
Parole Board Decision One Time Act That Fails to Toll Statute of Limitations by Parole Board Decision One Time Act That Fails to Toll Statute of Limitations The Eleventh Circuit Court of Appeals held a parole board's setting of a parole date is a one time act and not a …
Washington State Civil Commitment Statute Constitutional by The U.S. Ninth Circuit Court of Appeals held that Washington State's Community Protection Act of 1990 (CPA) did not violate the double jeopardy or ex post facto clauses of the U.S. Constitution. In 1994, Petitioner Andre Young sought federal writ of habeas corpus …
Retroactive Federal DNA Testing for Parolees Upheld by The federal statute requiring DNA samples from everybody on supervised release was retroactively applicable to all persons who were on supervised release when it was enacted. This retroactive application did not deny due process or the Ex Post Facto Clause and was …
Article • May 15, 2007
Kentucky Sex Offender Classification Upheld by The plaintiff complained he was wrongfully classified as a sex offender based on a prior state conviction for criminal sexual abuse. The court finds that federal prison policy supports the classification, and classification decisions do not present constitutional issues. The classification based on a …
Sex Offender Treatment for Release Claim Rejected by The plaintiff complained that denial of parole because of his refusal to participate in a sex offender program violated the Ex Post Facto Clause. His claim is rejected. His term of incarceration has not yet expired, so he is not being subjected …
Article • May 15, 2007
Sixth Circuit Allows § 1983 Challenge to Ohio Parole Procedures by Sixth Circuit Allows § 1983 Challenge to Ohio Parole Procedures Abrogating prior, unpublished precedents, the U.S. Sixth Circuit Court of Appeals has reversed dismissal of an Ohio prisoner's 42 U.S.C. § 1983 challenge to State parole procedures and remanded …
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