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IFRP Claim Not Exhausted by The plaintiff alleged he was placed on "refusal status" for declining to pay more to the Inmate Financial Responsibility Program. The plaintiff failed to exhaust his administrative remedies. He said he repeatedly asked for the necessary grievance form and did not get it because inter …
Article • May 15, 2007
IFRP Exempt from Privacy Act by The Inmate Financial Responsibility Program allows prisoners privileges such as working in UNICOR (prison industries) if they commit to a schedule for paying their court fees, restitution orders, etc. The plaintiff was put in "refuse" status essentially for spending his money down so he …
Article • May 15, 2007
Statutory Authority Lacking for Lien in Florida Prisoners' Gain Time Loss Challenge by Statutory Authority Lacking for Lien in Florida Prisoners' Gain Time Loss Challenge Florida's First District Court of Appeals has held that a Florida law does not allow an indigent prisoner to be assessed a lien on his …
Article • May 15, 2007
Property Interest in Trust Fund Money by Property Interest In Trust Fund Money The court of appeals for the Fifth circuit held that a Louisiana state prisoner had a property interest in the funds in his prison trust account and may have been denied due process when prison officials seized …
Article • May 15, 2007
No Right to Interest Bearing Accounts by The court of appeals for the Eighth circuit held that Missouri prisoners have no right to open or continue making bank deposits into interest bearing accounts. Prisons are not obligated to pay interest on trust fund accounts. Note that other courts have held …
Restitution Allowed At Prison Disciplinary Hearing by The court of appeals for the Seventh circuit held that a prison disciplinary hearing comporting to Wolff v. McDonnell, 94 S.Ct. 2963 (1974) afforded sufficient due process in order for BOP officials in Illinois to seize the prisoner's trust fund account money to …
Article • May 15, 2007
Seizure of MO Escapee's Prison Account Upheld by The Missouri Court of Appeals upheld the confiscation of a state prisoner's trust fund account after he escaped from work release and remained at large for a month. The defendant prison officials claimed he abandoned the funds when he escaped. The trial …
WI PLRA Allows Access to Release Account Funds by A Wisconsin appeals court held that the state's Prison Litigation Reform Act (PLRA), Wis. Statute 801.02(7), allows access to funds in prisoners' release accounts. The court further held that if a prisoner has filed three frivolous actions in either state or …
WI Release Fund Can Be Used to Pay Filing Fee by A federal district court in Wisconsin held that a Wisconsin state prisoner transferred to a private prison in Tennessee cannot have funds from his release account transferred to his general trust account. The release account is created under a …
Article • May 15, 2007
Imposition Of Constructive Trust To Collect Pension Benefits Prohibited by The U.S. Supreme Court held that a constructive trust imposed against the recipient of pension fund benefits in order to satisfy a monetary judgment against him violated the anti-alienation provision of the Employee Retirement Income Security Act of 1974 (ERISA). …
Total Exhaustion Rule Should Apply Separately to Each Plaintiff by The Tenth Circuit Court of Appeals has held that when multiple prisoners join in a civil rights complaint, but only one of those prisoners has exhausted administrative remedies on all of the claims asserted, it is error to dismiss the …
Brief • April 19, 2007
Hopkins v. Flores, CA, Settlement Exhibits, Mismanagement of Inmate Welfare Fund, 2007 ~927MO; SENT BY: CnUNTYCOUNSELj APA-19-07 OffiCE OFTHE COUN'l'\' COU~SKL COUNTY OF SANTA CLAM 1:04PM; PME 1 Ann Mliler Ravel COUNTY COUNSEL 10 West Hedding Stred 9" Floor, Ba~t Wing S!In Jose, California. 95110-1770 WInifred Botha Robert C, Campb"lJ …
Article • October 15, 2005
Washington DOC Seizure from Prisoner Savings Fund Policy Upheld by The Washington Court of Appeals rejected a prisoner's challenge to Department of Corrections (DOC) Policy 200.000, requiring that a prisoner's debt to DOC be seized from the prisoner's savings account upon release. DOC is required to place 10 percent of …
Brief • February 11, 2005
Hopkins v. Flores, CA, Complaint, Mismanagement of Inmate Welfare Fund, 2005 1 2 ~ 3 (Qb 4 © 5 U 6 7 8 9 10 KYRA KAZANTZIS (CSB No. 154612) JAMES F. ZAHRADKA II (CSB No. 196822) PUBLIC INTEREST LAW FIRM 111 West St. John Street, Suite 315 San Jose, …
Article • December 15, 2003
Audit Faults Oregon Prison Trust Fund System by An audit of the Oregon Department of Connection (ODOC) prisoner trust fund system found internal control weaknesses related to cash reconciliations, check stock and document retention. ODOC awards for prison labor and programming are credited to prisoner trust accounts and all funds …
Publication
Bop Trulincs Electronic Messaging 2009 U.S. Department of Justice Federal Bureau of Prisons PROGRAM STATEMENT OPI: CPD/CPB NUMBER: P5265.13 DATE: 2/19/2009 Trust Fund Limited Inmate Computer System (TRULINCS) - Electronic Messaging /s/ Approved: Harley G. Lappin Director, Federal Bureau of Prisons 1. PURPOSE AND SCOPE This policy describes the operation …
Publication
Wadoc Report for Depositing Inmate Savings Account Funds Into Interest Bearing Account 1999
Prison Banking Prison Banking Draft VanCleave PRISON BANKING Abstract People in prison have no choice but to use the banking systems that prisons operate. Rather than use any outside bank account or have family or friends meet their daily needs directly, people in prison must rely on what are often …
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