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Article • February 4, 2015 • from PLN February, 2015
Eighth Circuit: Atheist Prisoner States Coerced Religious-Based Treatment Claim by Mark Wilson Eighth Circuit: Atheist Prisoner States Coerced Religious-Based Treatment Claim by Mark Wilson On March 28, 2014, the EighthCircuit Court of Appeals reversed a lower court’s sua sponte dismissal of a prisoner’s coerced religious-based treatment claim. Missouri prisoner Randall …
Treatment Industrial Complex: Brief on Privatization of Correctional Medical & Mental Health Treatment AFSC of AZ 2014 TREATMENT INDUSTRIAL COMPLEX: How For-Profit Prison Corporations are Undermining Efforts to Treat and Rehabilitate Prisoners for Corporate Gain ion BIngo tizat a iv r P n io t a carcer In M O …
Article • October 10, 2014 • from PLN October, 2014
Drug Courts Partner with Pharmaceutical Company to Combat Heroin, Alcohol Abuse by Drug Courts Partner with Pharmaceutical Company to Combat Heroin, Alcohol Abuse The 406th District Drug Court in Webb County, Texas has turned to a new approach for breaking the cycle of addiction related to heroin, opiate and alcohol …
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 • May 19, 2014 • from PLN May, 2014
A Home of Their Own by Lisa Riordan Seville A Home of Their Own   by Lisa Riordan Seville and Graham Kates   Recovery is work that Terrance Streeter knows. At 56, he is clean. No more drinking, no more drugs. After graduating from an alcohol recovery program two years …
Article • February 15, 2014 • from PLN February, 2014
Washington: No Public Funds for Deferred Prosecution Treatment Programs by The en banc Washington state Supreme Court has held that the legislature did not intend to commit public funds to cover the full cost of treatment for indigent defendants participating in deferred prosecutions. A Washington defendant charged with a misdemeanor …
Article • January 15, 2014 • from PLN January, 2014
Study: Risk of Murder, Overdose and Suicide Higher for Recently Released Jail Prisoners in New York City by A study by researchers with the New York City Department of Health and Mental Hygiene (DHMH) supports reforms long urged by prisoner advocates: more mental health and substance abuse treatment, and less …
Article • December 15, 2013 • from PLN December, 2013
The Invisible Crisis of Correctional Health Care by Cara Tabachnick After 33 years behind bars, Alvin Entzminger, who was released in March, needed immediate medical attention for a host of chronic illnesses. “I went into prison a healthy individual and came out suffering,” claimed Entzminger, now in his late 50s. …
Article • December 15, 2013 • from PLN December, 2013
Kansas Supreme Court Holds Inpatient Drug Treatment Time Counts as Jail Time in Consecutive Non-Drug Case by The Supreme Court of Kansas has held that a prisoner is entitled to have time spent in an inpatient drug treatment facility while on probation count as jail time in a consecutive non-drug …
Article • November 15, 2013 • from PLN November, 2013
Fifth Circuit: No Right to RDAP for Non-citizen Federal Prisoner by The Fifth Circuit Court of Appeals held last year that a non-citizen federal prisoner had no constitutional right to participate in a substance abuse rehabilitation program that could reduce his sentence by up to a year. Ricardo Gallegos-Hernandez, a …
Article • November 15, 2013 • from PLN November, 2013
Prison Sentence Imposed for Sole Purpose of Drug Treatment Vacated by Eighth Circuit by Derek Gilna In a “plain error” reversal of a district court’s order imposing a 24-month sentence on a defendant who violated the terms of his supervised release for the sole purpose of ensuring that he could …
Brief • July 2, 2013
State of WA Dept. of Health v. Kakar, Agreed Order Psychologist Failed to Timely Complete Assessment of DSHS Clients, 2013 STATE OF WASHINGTON DEPARTMENT OF HEALTH Olympia, Washington 98504 RE: Sunil K. Kakar Master Case No.: M2012-660 Document: Agreed Order Regarding your request for information about the above-named practitioner; attached …
Article • March 15, 2013 • from PLN March, 2013
Eleventh Circuit: No Right to Spanish-language RDAP Program by In an April 2, 2012 unpublished per curiam ruling, the Eleventh Circuit Court of Appeals upheld the dismissal of a federal prisoner’s lawsuit seeking reinstatement of a Bureau of Prisons (BOP) Spanish-language substance abuse program. The suit claimed that the BOP …
Seventh Circuit Affirms Imprisonment Does Not Promote Correction and Rehabilitation by Derek Gilna The Seventh Circuit Court of Appeals overturned the above-guidelines sentence wherein the sentencing judge stated he wanted the defendant to "get mental health treatment." In so ruling, the Seventh Circuit followed the case of Tapia v. United …
Article • August 15, 2012 • from PLN August, 2012
BOP’s RDAP Program Unevenly Administered and Unnecessarily Costly by Brandon Sample by Brandon Sample and Derek Gilna A comprehensive review of the federal Bureau of Prisons’ (BOP) Residential Drug Abuse Program (RDAP), enacted by Congress in 1994, indicates that almost 20 years after its creation RDAP has yet to fulfill …
Article • August 15, 2012 • from PLN August, 2012
Termination from Drug Treatment Program Fails to State Liberty Interest Claim by The Eighth Circuit Court of Appeals has held that the decision of prison officials to remove a prisoner from a drug treatment program, which made him ineligible for a probated sentence, was insufficient to confer a liberty interest …
Ninth Circuit Holds BOP Individual RDAP Determinations Not Subject to Judicial Review by Individualized decisions related to the federal Bureau of Prisons’ (BOP) Residential Drug Abuse Program (RDAP) are not subject to judicial review under the Administrative Procedure Act (APA), the U.S. Court of Appeals for the Ninth Circuit has …
Article • July 15, 2011
BOP Abused Its Discretion in Denying Prisoner Drug Treatment by Brandon Sample By Brandon Sample On June 5, 2007, the U.S. District Court for the Southern District of Georgia granted a habeas corpus petition challenging the Bureau of Prisons' (BOP) refusal to allow a prisoner to enter BOP's Residential Drug …
Third Circuit Upholds BOP Early Rule against APA Challenge by On October 26, 2009, the U.S. Court of Appeals for the Third Circuit joined the Eighth Circuit in holding that the Bureau of Prisons (BOP) did not violate the Administrative Procedure Act (APA) in categorically excluding certain offenders from early …
Article • April 15, 2011
California Court of Appeal Invalidates Legislative Amendments to Voter-Approved Drug-Treatment Diversion Initiative by In November 2009, the California Court of Appeal affirmed the judgment of the Superior Court of Alameda County which enjoined enforcement of a legislative enactment, senate Bill 1137, that sought to amend Prop. 36, a voter-approved initiative …
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