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Article • June 9, 2017 • from PLN June, 2017
Washington Supreme Court Strikes Down Legal Financial Obligations Imposed on Indigent or Disabled Defendants Unable to Pay by Lonnie Burton by Lonnie Burton On September 22, 2016, a unanimous Washington Supreme Court held that the imposition of legal financial obligations (LFOs) on indigent or disabled defendants violates state and federal …
Article • June 9, 2017 • from PLN June, 2017
Former LA County Sheriff to Serve Three Years in Prison by Derek Gilna by Derek Gilna Former Los Angeles County Sheriff Lee Baca was sentenced on May 12, 2017 to three years in federal prison for lying to federal officials investigating allegations of corruption, physical abuse, bribery and misconduct in …
Article • June 9, 2017 • from PLN June, 2017
Filed under: Parole, Parole Conditions
Indiana Court Rules that Correct Conviction Must be Used when Revoking Parole by Christopher Zoukis by Christopher Zoukis Tyrone Grayson was on parole after serving a 20-year sentence for attempted robbery and a consecutive 10-year sentence for unlawful possession of a firearm when he committed another offense. He was charged …
Article • June 9, 2017 • from PLN June, 2017
Probation Revocation for Refusal to Participate in Polygraph Tests Upheld by Christopher Zoukis by Christopher Zoukis On May 16, 2016, the Colorado Supreme Court reversed a lower court’s ruling which found a convicted sex offender did not violate the terms of his probation by refusing to participate in court-ordered treatment …
States Wrestle with Prison Privatization by Christopher Zoukis by Christopher Zoukis In 2016, questions were raised in at least three states about the amount of taxpayer money flowing into the coffers of private, for-profit prison companies. Take Colorado, for example. When lawmakers were considering an almost $26 billion state budget …
Article • June 9, 2017 • from PLN June, 2017
Filed under: Children of Prisoners
WA: Prisoners May Not Have Their Incarceration Used Against Them at Child Dependency Proceedings by On July 14, 2016, the Washington Supreme Court issued a decision affirming statutory provisions that strengthen the rights of incarcerated parents when the state initiates child dependency proceedings or tries to terminate parental rights. In …
Article • June 9, 2017 • from PLN June, 2017
Filed under: Money/Property
$103,000 Settlement Between Colorado Town and ACLU Over “Pay or Serve” Jail Policy by Matthew Clarke by Matt Clarke On May 4, 2016, Colorado Springs officials signed off on a $103,000 settlement that will end the practice of municipal judges converting fine-only violations of municipal ordinances into jail time for …
Article • June 9, 2017 • from PLN June, 2017
Filed under: Telephones, Telephone Rates
Global Tel*Link Agrees to Pay $8.8 Million in Class-action Settlement by Derek Gilna by Derek Gilna Global Tel*Link (GTL), the telecom company known for exploiting prisoners with high phone rates to maintain communication with their friends and family members, agreed on March 27, 2017 to pay $8.8 million to settle …
Article • June 9, 2017 • from PLN June, 2017
Heroin Overdose Antidote Becoming More Widely Available, Including Behind Bars by Joe Watson by Joe Watson Just months after New York's prison system launched a heroin overdose prevention program by training prisoners to administer naloxone – an opioid overdose antidote also known as Narcan – Maryland made it easier to …
DC Circuit Court Reverses Dismissal of Suit Challenging CMU Placement by Derek Gilna by Derek Gilna The D.C. Circuit Court of Appeals has overturned portions of a district court’s dismissal of a lawsuit filed by three federal prisoners – Yassin Aref, Kifah Jayyousi and Daniel McGowan – who sought damages …
Article • June 9, 2017 • from PLN June, 2017
DC Circuit Agrees that U.S. Attorney’s Discovery Handbook is Exempt from FOIA by Derek Gilna by Derek Gilna In a setback for the National Association of Criminal Defense Attorneys (NACDL), the Court of Appeals for the DC Circuit declined to overturn a district court’s judgment that found the U.S. Attorney’s …
Article • June 9, 2017 • from PLN June, 2017
Filed under: Evidence, Videotaping
Kentucky: Disciplinary Proceeding Reversed for Failure to Review Video Footage by Lonnie Burton by Lonnie Burton On May 20, 2016, a Kentucky Court of Appeals, in a 2-1 decision, held that a prisoner has the right, upon request, to have video surveillance footage reviewed and considered by the hearing officer …
Article • June 9, 2017 • from PLN June, 2017
Two Prisoners Killed in Second Nebraska Prison Riot in Two Years by Prisoners Damon Fitzgerald, 39, and Michael Galindo, 31, died in Nebraska’s second deadly prison riot in two years. Officials at the Tecumseh State Correctional Institution offered few details about the deaths, but said the March 2, 2017 disturbance …
Article • June 9, 2017 • from PLN June, 2017
Marion County, Indiana Jail Plagued by Prisoner Deaths, Ensuing Lawsuits by Lonnie Burton by Lonnie Burton As of January 2016, Marion County, Indiana Sheriff John Layton had a banner hanging above the entrance to the county jail that read “Top 1% of Sheriff’s Offices in America!” But the families of …
Article • June 9, 2017 • from PLN June, 2017
Seventh Circuit Reverses Grant of Summary Judgment to Illinois Prison Doctors by Lonnie Burton by Lonnie Burton In a pair of cases, the Seventh Circuit Court of Appeals reinstated lawsuits filed by Illinois prisoners alleging inadequate medical care. First, on August 25, 2016, the appellate court, sitting en banc, issued …
Article • June 9, 2017 • from PLN June, 2017
Filed under: Bail, Bail Bonds
Increasing Number of Cities and States Enact Bail Reform – but is it Enough? by Joe Watson by Joe Watson Bail reform did not happen soon enough to save the life of Walter Scott, a forklift operator whose fatal shooting by a police officer intensified a national debate not only …
Article • June 9, 2017 • from PLN June, 2017
Harvard Law School Report Highlights Ill Effects of Criminal Justice Fees by Derek Gilna by Derek Gilna In September 2016, Harvard Law School published a report titled “Confronting Criminal Justice Debt: A Guide for Policy Reform,” which questioned the moral justification of a criminal justice system that relies on fees …
Article • June 9, 2017 • from PLN June, 2017
Filed under: Education
New York: Prison College Program Reduces Recidivism, Receives More Funding by Gus Bethea "never imagined [he'd] be a college graduate.” The 33-year-old overcame the challenges of in-prison education, such as outdated textbooks and lack of Internet access, to complete a college degree program while serving time on a robbery conviction. …
Article • June 9, 2017 • from PLN June, 2017
Filed under: Attorneys, Death Penalty
Texas Lawyer Quits with 0-34 Record of Losses in Death Penalty Cases by Matthew Clarke by Matt Clarke If you were on trial for your life, you would want the best possible lawyer. That would exclude Houston, Texas attorney Jerry Guerinot, 71, who has a great deal of experience but …
Article • June 9, 2017 • from PLN June, 2017
ACLU Report Details Damaging Effects of Solitary Confinement on Disabled Prisoners by Derek Gilna by Derek Gilna A January 2017 report by the American Civil Liberties Union (ACLU) examined the effects of solitary confinement on prisoners with physical disabilities, based upon interviews with disabled prisoners who were “locked in cages …
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