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Article • September 25, 2015 • from PLN October, 2015
10th Circuit Reverses Dismissal of Halfway House Escape Charge by Derek Gilna 10th Circuit Reverses Dismissal of Halfway House Escape Charge by Derek Gilna A federal prisoner without any detainers (“holds” placed by other law enforcement agencies) can generally count on a period of community confinement at the end of …
Article • August 31, 2015 • from PLN September, 2015
Life Without Parole by Beth Schwartzapfel Life Without Parole Inside the secretive world of parole boards, where your freedom may depend on politics and whim. by Beth Schwartzapfel, The Marshall Project* Reynaldo Rodriguez was 19 with a young son, a good job and no criminal record when he shot and …
Article • August 31, 2015 • from PLN September, 2015
Mandamus Improper Remedy to Challenge Illinois DOC’s “Violating at the Door” Policy by David Reutter Mandamus Improper Remedy to Challenge Illinois DOC’s “Violating at the Door” Policy by David Reutter On November 20, 2014, the Illinois Supreme Court refused to assume jurisdiction over a petition for writ of mandamus seeking …
Article • August 28, 2015 • from PLN September, 2015
Illinois Supreme Court Affirms Supervised Release Period Despite Sentencing Omission by Derek Gilna Illinois Supreme Court Affirms Supervised Release Period Despite Sentencing Omission by Derek Gilna The Illinois Supreme Court has affirmed the imposition of a period of mandatory supervised release (MSR) that was inadvertently omitted from a sentence by …
Article • August 1, 2015 • from PLN August, 2015
Filed under: Parole, Parole Conditions
CA: Persons on Community Supervision Eligible to Seek Transfer to Another State by Lonnie Burton CA: Persons on Community Supervision Eligible to Seek Transfer to Another State by Lonnie Burton Reversing a lower court’s ruling to the contrary, the Court of Appeal for the Fourth District of California held on …
Office of Violent Sex Offender Management Audit, TX State Auditor, 2015 John Keel, CPA State Auditor An Audit Report on The Office of Violent Sex Offender Management January 2015 Report No. 15-018 An Audit Report on The Office of Violent Sex Offender Management SAO Report No. 15-018 January 2015 Overall …
Article • April 9, 2015 • from PLN April, 2015
Unexhausted Oregon Parole Claims Not Cognizable by Mark Wilson Unexhausted Oregon Parole Claims Not Cognizable by Mark Wilson On March 19, 2014, the Oregon Court of Appeals held that a pro se prisoner’s parole decision claims were not cognizable on appeal because he failed to raise those issues in his …
Your Home Is Your Prison: How to Lock Down Your Neighborhood, Your Country, and You by Maya Schenwar Your Home Is Your Prison: How to Lock Down Your Neighborhood, Your Country, and You By Maya Schenwar On January 27th, domestic violence survivor Marissa Alexander will walk out of Florida's Duval …
Article • December 3, 2014 • from PLN December, 2014
New York False Imprisonment Claim Revived; Administratively-Imposed PRS Term Invalid by Mark Wilson New York False Imprisonment Claim Revived; Administratively-Imposed PRS Term Invalid by Mark Wilson On December 26, 2013, a New York appellate court reversed a lower court’s dismissal of a prisoner’s false imprisonment claim. In 2000, Francis Moulton …
Article • October 5, 2014
Willfulness Must be Proven to Violate Florida Probation for Failure to Pay by Willfulness Must be Proven to Violate Florida Probation for Failure to Pay   The Florida Supreme Court has held it is unconstitutional to make a finding of a probation violation without inquiring into the probationer’s ability to …
Article • October 5, 2014
Iowa Parole Search Condition is Not Search Consent; Warrantless Search Violated Iowa Constitution by Mark Wilson Iowa Parole Search Condition is Not Search Consent; Warrantless Search Violated Iowa Constitution   by Mark Wilson   The Iowa Supreme Court held that a warrantless search of a parolee’s home violated the Iowa …
Article • July 9, 2014 • from PLN July, 2014
Ninth Circuit: Damages Required for Compelled Religious-Based Treatment by Mark Wilson Ninth Circuit: Damages Required for Compelled Religious-Based Treatment by Mark Wilson The Ninth Circuit Court of Appeals has held that damages are required, as a matter of law, when a parolee is incarcerated for objecting to compelled participation in …
Article • June 6, 2014 • from PLN June, 2014
Ninth Circuit: Heck Allows § 1983 Parole Condition Challenges by Mark Wilson Ninth Circuit: Heck Allows § 1983 Parole Condition Challenges by Mark Wilson On July 31, 2013, the Ninth Circuit Court of Appeals joined the Seventh Circuit in holding that the Heck doctrine does not bar all parole condition …
Federal Court Must Give Reasons for Special Conditions of Supervised Release by David Reutter The Sixth Circuit Court of Appeals has reversed a district court’s imposition of four special conditions of supervised release, due to the court’s failure to explain its reasons for imposing them. Rashan R. Doyle was convicted …
Article • April 15, 2014 • from PLN April, 2014
Iowa: Parole Agreement Does Not Constitute Voluntary Consent that Justifies Warrantless Search by Last year the Supreme Court of Iowa reversed a parolee’s conviction on drug charges, holding that his acceptance of a search condition in a parole agreement did not constitute voluntary consent, and therefore a warrantless, suspicionless search …
Michigan Parole and Probation Supervision Scrutinized; Three Officials Fired by The failure to properly supervise parolees and probationers accused of committing high-profile murders has resulted in the firing of three Michigan Department of Corrections (MDOC) employees. The MDOC supervises around 20,000 parolees and 50,000 probationers. “Our parole/probation staff performs critical …
Article • September 15, 2013 • from PLN September, 2013
Washington Community Custody, Sex Offender Registration and Release Conditions Modified by On September 13, 2012, the Washington Court of Appeals, Division Three, instructed a lower court to clarify a sex offender’s length of community custody, correct his registration requirement, revise prohibitions regarding dating relationships and strike conditions related to Internet …
Article • August 15, 2013
Judicial Estoppel Bars Government’s Shifting Legal Positions by The Ninth Circuit Court of Appeals held that the government was barred from arguing in federal court that a parole challenge was moot, after successfully arguing in state court that it was. Oregon prisoner Leslie Whaley was released on parole, but the …
Article • August 15, 2013 • from PLN August, 2013
West Virginia Court-Supervised Parole and Condition Barring Association with Spouse Upheld by West Virginia's Supreme Court has upheld a circuit court's authority to impose court-supervised parole, and affirmed a parole condition that barred a parolee's association with convicted felons – including her spouse. On June 9, 2009, Karen Tanner pleaded …
Article • August 15, 2013 • from PLN August, 2013
Third Circuit: Requiring Admission of Guilt to Participate in Mandatory-for-Parole SOTP Not a Fifth Amendment Violation by Matthew Clarke by Matt Clarke The Third Circuit Court of Appeals has held that requiring an admission of guilt to participate in an in-prison sex offender treatment program (SOTP) did not violate the …
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