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Article • July 15, 2011
Illinois Statute Authorizing Revocation of Good Time Credits for Frivolous Court Filings Upheld by Brandon Sample By Brandon Sample The State of Illinois may lawfully deprive good time credits from prisoners who file frivolous post-conviction petitions, the Appellate Court of Illinois, Fourth District, decided November 26, 2008. Cameron Shaw, an …
Article • June 15, 2011 • from PLN June, 2011
Filed under: Sentencing, Good Time
Washington Prisoner Discovers Good Time Error; County Officials Admit and Correct Mistake by David Reutter by David M. Reutter Washington State’s Kitsap County Jail (KCJ) has corrected an error in how it calculates and awards “good time” to prisoners, after a former prisoner discovered the mistake and brought it to …
Article • May 15, 2011
Washington DOC Agrees to Settle Sex Offender Early Release Suit for $6,000 by On June 17, 2006, the Washington Department of Corrections (DOC) agreed to settle a 42 U.S.C. §1983 suit over the DOC’s Earned Early Release Date (EERD) program. Dan Bedker, Jr., a sex offender, sued Joseph Lehman, the …
Article • April 15, 2011
Ninth Circuit Affirms Dismissal of Habeas Petition That Sought to Ensure Reduction In Supervised Release Term Based on Arrington Decision by A Federal District court properly dismissed a federal habeas petition as moot that sought additional relief based on the Ninth Circuit’s decision in Arrington v. Daniels, 516 F. 3d …
Federal BOP’s Exclusions from Early Release Incentive for Substance Abuse Program Completion Struck Down by by Stephen G. Yagman The U.S. Ninth Circuit Court of Appeals has invalidated the federal Bureau of Prisons’ (BOP) policy statement, 28 C.F.R. § 550.58(a)(1)(iv)(2000), see 65 Fed.Reg. 80745-01 (Dec. 22, 2000), that denies prisoners …
Article • March 15, 2011
Elderly Home Detention Program Eligibility Determined Based on Sentence Imposed Without Good Time by In determining eligibility for the Elderly Offender Home Detention Pilot Program (EOHDPP), the Bureau of Prisons (BOP) may not consider a prisoner’s earned good time in calculating whether a prison has served enough time to enter …
Article • January 15, 2011 • from PLN January, 2011
Filed under: Sentencing, Good Time
California Supreme Court Clarifies Application of Presentence Good-Conduct Credit Statute by In an opinion of technical value, but little if any benefit to anyone (including the defendant in the case), the California Supreme Court held that a defendant need spend only four days in presentence confinement -- not six days, …
Article • December 15, 2010 • from PLN December, 2010
Three Top Illinois DOC Officials Sacked; Director Resigns by On March 11, 2010, the administration of Illinois Governor Pat Quinn announced the firing of three top Illinois Department of Corrections (DOC) officials who were close to DOC director Michael Randle. “As of today, executive assistant to the director Sergio Molina, …
Article • December 15, 2010 • from PLN December, 2010
California: 15% Work Credit Limitation Based on Stayed Violent Convictions Applies to Non-Violent Controlling Offense by John Dannenberg The California Court of Appeal, Third District, ruled in April 2008 that when a prisoner receives multiple convictions arising from a single act, some of which qualify as “non-violent” while others qualify …
Article • November 15, 2010 • from PLN November, 2010
Oregon: Prosecutors, Victims Kill Money-Saving Increased Sentence Reduction Law by Mark Wilson In a controversial move touted as saving Oregon an estimated $6 million, in June 2009 the state legislature passed a bill that increased earned time sentence reductions for non-violent offenders by an additional 10 percent. Just seven months …
Article • September 15, 2010 • from PLN September, 2010
Filed under: Sentencing, Good Time
U.S. Supreme Court Rejects Federal Good Time Challenge by Brandon Sample On June 7, 2010, the U.S. Supreme Court upheld the Bureau of Prisons’ (BOP) method for calculating federal good time credits. The dispute over the BOP’s implementation of the federal good time statute, 18 U.S.C. § 3624(b), began about …
Article • August 15, 2010 • from PLN August, 2010
Kentucky Law Retroactively Applied to Award Street Credit by The Kentucky Supreme Court has held that a law that applies “street credit” to released prisoners effectively suspends existing statutory law that specifies time spent on parole does not count towards a prisoner’s maximum sentence. The Court accepted transfer of appeals …
Article • July 15, 2010 • from PLN July, 2010
Erroneously Released Texas Prisoner Entitled to Credit on Sentence by Matthew Clarke by Matt Clarke On February 4, 2009, the Texas Court of Criminal Appeals held that a state prisoner who had been erroneously released through no fault of his own, and who had not violated any of the conditions …
Political Uproar Follows NC Court Ruling that Life Sentence is 80 Years by David Reutter by David M. Reutter A political brouhaha arose in October 2009 in the wake of a North Carolina appellate court decision which held that a “life sentence is as an 80-year sentence for all purposes.” …
Article • May 15, 2010 • from PLN May, 2010
Mississippi Earned Time Policy Violates Ex Post Facto Clause by Mississippi’s Court of Appeals has remanded for an evidentiary hearing a claim that a law prohibiting prisoners who are convicted of sale or transfer of a controlled substance from eligibility for earned-time allowance is an ex post facto law as …
Article • May 15, 2010
No Liberty Interest in Washington Prisoner's Good-Conduct Time Earning Class by No Liberty Interest in Time Earning Class In a decision filed by Washington State's Supreme Court on October 8, 2009, the Personal Restrain Petition (PRP) of prisoner Jay Pullman, Jr., was denied. He filed the petition alleging DOC officials …
Article • May 15, 2010
7th Circuit Denies Habeas Relief of Illinois Prisoner’s Good-Conduct Revocation by On October 22, 2009, the 7th Circuit affirmed an Illinois district court’s ruling denying habeas corpus relief to state prisoner, Lasard Lucas. During 20 years of incarceration, from 1985 to 2005, Lucas lost more than 12 years of good-conduct …
Article • April 15, 2010 • from PLN April, 2010
Iowa Good Time Statute Violates Ex Post Facto Clause by Brandon Sample A 2005 amendment to Iowa’s good time statute making participation in a sex offender treatment program (SOTP) a prerequisite to earning good time may not be applied to sex offenders convicted before the amendment’s effective date, the Supreme …
Ninth Circuit Strikes Down BOP Rule Limiting Early Release for RDAP Participants by Brandon Sample Following its recent decision in Arrington v. Daniels, 516 F.3d 1106 (9th Cir. 2008) [PLN, June 2009, p.44], the U.S. Court of Appeals for the Ninth Circuit struck down another federal Bureau of Prisons (BOP) …
Article • March 15, 2010 • from PLN March, 2010
California Enacts Non-Revocable Parole And Increased Credits To Reduce Prison Population by John Dannenberg by John E. Dannenberg In what appears to be the first attempt to comply with federal court orders to reduce California’s prison population, the State Legislature enacted Senate Bill 18, which, effective January 25, 2010, places …
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