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Article • March 15, 2010 • from PLN March, 2010
Indiana DOC Directive Limiting Educational Credit to Only One Associate’s Degree Violates Ex Post Facto Clause by Brandon Sample A directive issued by the Indiana Department of Corrections (IDOC) that limits the award of educational sentence credit to only one Associate’s Degree cannot be applied retroactively without running afoul of …
Free Rent for Some Washington State Parolees by Due to a roughly $9 billion state budget deficit, the Washington State legislature approved a plan to offer 90-day rent subsidies for selected prisoners who are eligible for early release. The program is expected to save taxpayers an estimated $1.5 million over …
Article • February 15, 2010 • from PLN February, 2010
Wisconsin Enacts New Early Release Law by Matthew Clarke by Matt Clarke When Wisconsin Governor Jim Doyle signed legislation to grant early release to certain prisoners, he just couldn’t win. “It went too far,” said Republicans. “It didn’t go far enough,” retorted his fellow Democrats. What in fact Governor Doyle …
Article • January 15, 2010 • from PLN January, 2010
Iowa Supreme Court: Retroactive Good Conduct Time Denial is Unconstitutional, Depending on Date of Conviction by Matthew Clarke by Matt Clarke On January 23, 2009, the Iowa Supreme Court held that state law amendments enacted in 2001 and 2005, which required that certain prisoners must participate in rehabilitative programs to …
Article • January 15, 2010 • from PLN January, 2010
BOP Fails To Meet Drug Treatment Goals; Lack of Funding Blamed by According to the Bureau of Prisons’ (BOP) annual report to Congress on substance abuse treatment programs, the BOP will once again fail to provide residential drug treatment services to 100 percent of eligible prisoners. With the BOP’s population …
Article • January 15, 2010
Time Spent In Drug Treatment While On Probation Not Creditable Toward Sentence by Time spent in an inpatient drug treatment program while on probation cannot be credited toward service of an underlying sentence, the Supreme Court of Kansas decided November 7, 2008. Marsha Preston pled guilty to cocaine possession, and …
Article • December 15, 2009
Good Time Petition Dismissed As Moot by The Court of Appeals of the State of Washington has dismissed as moot a petition by a former prisoner challenging the Washington Department of Corrections’ (DOC) method for calculating his good time. Steven Salmon served an Oregon sentence and a portion of a …
Article • December 15, 2009
Washington Supreme Court Permits Sentence In Excess of Statutory Maximum; Legislature Intervenes with Statutory Amendment by The Washington Supreme Court has held that a judgment and sentence containing a total prison term and community supervision term that exceed the statutory maximum sentence is valid, so long as the trial court …
Article • December 15, 2009
Filed under: Sentencing, Good Time, Detainers
Detainer Not Required To Receive Jail Time Credit by The filing of a detainer is not a prerequisite to receiving prior custody credit served on a related charge, the Court of Appeals of Missouri decided September 30, 2008. Carlos Mikel filed a declaratory judgment action against the Department of Corrections …
Article • December 15, 2009
Washington Jail’s Good Time Certification Based on Time in Jail, Not Court’s Award of Time Served by In dismissing a personal restraint petition, Division One of the Washington State Court of Appeals discussed the law involving the certification and award of good time by a county jail to the Department …
Article • November 15, 2009 • from PLN November, 2009
Indiana DOC Directive Limiting Educational Credit to Only One Associate’s Degree Violates Ex Post Facto Clause by Brandon Sample A directive issued by the Indiana Department of Corrections (IDOC) that limits the award of educational sentence credit to only one Associate’s Degree cannot be applied retroactively without running afoul of …
Article • October 15, 2009 • from PLN October, 2009
Florida Gain Time Law Application Violates Ex Post Facto Clause by Florida’s First District Court of Appeal has held that application of a 1983 gain time statute to a prisoner who committed his offense in 1981 violated the ex post facto clause. Before the appellate court was a petition for …
Sixth Circuit: Dismissal of Due Process and Equal Protection Claims Upheld; Exhaustion of Administrative Remedies Issue Remanded by The Sixth Circuit of Appeals has affirmed a district court’s dismissal of a prisoner’s due process and equal protection claims, but reversed the dismissal of Eighth Amendment claims based on failure to …
Article • September 15, 2009
Sentence Enhancements Do Not Affect DOSA Sentence by A DOSA (Drug Offender Sentencing Alternative) sentence may include time that arises from a sentencing enhancement, the Court of Appeals of the State of Washington decided. Ray Roy Gutierrez pleaded guilty to delivery of a controlled substance. He was sentenced to 40 …
Article • September 15, 2009
Collateral Consequences not Presumed in Moot Habeas Petition Challenging BOP Early Release Denial by The Third Circuit Court of Appeals has held that a petitioner’s habeas corpus is moot when it is only “likely” that a sentencing court will reduce the terms of supervised release. The Court’s holding comes in …
Article • September 15, 2009
$8,000 Settlement for 10 Days of Wrongful Detention by Washington State’s King County has paid $8,000 to settle the claim of Pantaleon F. Alba, who was overdetained by 10 days due to King County Correctional Facility records clerk, Kimberly Carver, failing to correct his good time credits. Carver transmitted to …
Article • September 15, 2009
Filed under: Sentencing, Good Time, Probation
Florida Prisoner Entitled to Previous Prison Credit upon Probation Violation by Florida’s Fourth District Court of Appeal reversed a trial court’s order, dismissing a Rule 3.800(a) motion to correct an illegal sentence, remanding with instruction to make a notation in the written sentence that the prisoner is entitled to receive …
Ninth Circuit Flip-Flops: Denial of Washington Sex Offender’s Community Custody Release Held Unconstitutional, Then Constitutional by Mark Wilson Ninth Circuit Flip-Flops: Denial of Washington Sex Offender’s Community Custody Release Held Unconstitutional, Then Constitutional by Mark Wilson Illustrating the axiom that the law means whatever a judge decides it means, in …
Article • July 15, 2009
$1,500 Settlement in Overdetention Claim by Washington State’s King County Jail has paid Kenneth L. Hoeck $1,500 to settle a claim that he was overdetained by 10 days due to the failure of jail officials to award him good time on his 60 day community custody violation sentence. In response …
Ninth Circuit Strikes Down BOP Regulation Precluding Early Release for Prisoners Who Complete Drug Treatment by Brandon Sample Ninth Circuit Strikes Down BOP Regulation Precluding Early Release for Prisoners Who Complete Drug Treatment by Brandon Sample The U.S. Court of Appeals for the Ninth Circuit held that the federal Bureau …
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