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Prison Reforms Under Maine’s New DOC Commissioner by Lance Tapley Several weeks after firing Maine State Prison warden Patricia Barnhart on January 10, 2013, and two years after taking over the Department of Corrections (DOC), Commissioner Joseph Ponte appears determined to continue – and ramp up – his forceful program …
South Carolina Sex Offender’s Lifetime Satellite Monitoring Held Unconstitutional by The South Caroline Supreme Court held on May 9, 2012 that court-ordered lifetime satellite monitoring violated a sex offender’s due process rights. Jennifer Rayanne Dykes, 26, was convicted of a sex offense for having an eight-month relationship with a 14-year-old …
Article • March 15, 2013
Conflict of Interest Alleged in Termination of Probation Services Contract by Georgia’s Dekalb County has a $1 million contract with Judicial Correctional Services (JCS) to operate the County’s probation services. With the recommendation of his campaign manager, County CEO Burrell Ellis terminated JCS’s contract; a termination shrouded in controversy when …
Article • September 15, 2012 • from PLN September, 2012
Idaho Appellate Defender: State’s Adult Misdemeanor Probation System “Void” by A memo authored by Sara B. Thomas, chief of the Idaho State Appellate Defender’s appellate unit, has concluded that the state’s adult misdemeanor probation system is unconstitutional, calling it “null, void and unenforceable.” According to the August 15, 2011 memo, …
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 • April 15, 2012 • from PLN April, 2012
Texas Harasses, Denies Compensation to Wrongly Convicted by Matthew Clarke by Matt Clarke Texas has a generous compensation package for prisoners who are exonerated, which includes $80,000 per year of wrongful incarceration, an annuity with annual payments in the same amount, free college tuition and free medical care. [See: PLN, …
Offenders Cannot Sue Over Violations of Interstate Probation Transfer Compact by The Interstate Compact for Adult Offender Supervision (“the Compact”) does not create a private right of action, the U.S. Court of Appeals for the Second Circuit held on April 11, 2011. Plaintiff M.F. and his domestic partner sued New …
Business is Booming for Prison Profiteers by James Kilgore Private corrections company The GEO Group celebrated the holiday season by opening a new 1,500-bed prison in Milledgeville, Georgia on December 12, 2011. The $80 million facility is expected to generate approximately $28 million in annual revenues. Though GEO (formerly Wackenhut …
Article • December 15, 2011 • from PLN December, 2011
Ohio County’s Intensive Probation Program Failing Miserably by Justin Miller A study has found that an intensive probation program in Hamilton County, Ohio is so unsuccessful that its participants are actually more likely to re-offend than those convicted of similar crimes who receive no supervision at all, according to the …
Article • September 15, 2011 • from PLN September, 2011
Federal Stimulus Money Not Spent as Intended by San Diego County Probation Department by According to an internal audit disclosed in November 2010, the San Diego County Probation Department did not allocate federal stimulus funds for the purposes intended under the terms of the stimulus program. The good news is …
Article • July 15, 2011
Citizen Occupants of Probationer's Residence May Be Lawfully Detained by Michael Brodheim By Michael Brodheim A divided Ninth Circuit panel has held that police officers may lawfully detain the citizen occupants of a home during a probation compliance search. Oscar Sanchez was incarcerated in state prison in 2003, when a …
Article • May 15, 2011 • from PLN May, 2011
Homeless Probationer’s Violation for Failure to Comply with GPS Monitoring Reversed by On December 21, 2010, the Massachusetts Supreme Judicial Court set aside a probation violation finding where the probationer was unable to accommodate the technological requirements of GPS monitoring equipment while living in a homeless shelter. The Court found …
Contempt Order Upheld Against Kentucky DOC Commissioner by by Mark Wilson On August 15, 2008, the Kentucky Court of Appeals unanimously affirmed a lower court order holding former Dept. of Corrections Commissioner John Rees in contempt of court. Fifteen-year-old Daniel Ottman pleaded guilty to first-degree assault following a 2004 shooting …
Article • April 15, 2011
Filed under: Sentencing, Parole, Probation
Time Spent In Alaska Residential Treatment Not Credited Against Suspended Sentences by In a memorandum decision, the Alaska Court of Appeals held that time spent in a residential treatment program may not be credited against a suspended sentence later served. This time is not time served “pending trial, sentencing, or …
Article • January 15, 2011 • from PLN January, 2011
Political Patronage Scandal Rocks Massachusetts Probation Department by Derek Gilna A May 2010 investigative report in the Boston Globe took the Massachusetts Probation Department to task for bypassing qualified candidates for available job positions, instead employing at least 250 friends, relatives and financial backers of politicians and top court officials. …
Article • July 15, 2010 • from PLN July, 2010
Erroneously Released Texas Prisoner Entitled to Credit on Sentence by Matthew Clarke by Matt Clarke On February 4, 2009, the Texas Court of Criminal Appeals held that a state prisoner who had been erroneously released through no fault of his own, and who had not violated any of the conditions …
Article • June 15, 2010 • from PLN June, 2010
50,000 Illinois Felons Released Without DNA Collection by Approximately 50,000 felons have been released from Illinois prisons and discharged from probation supervision without having their DNA collected, state officials acknowledged in September 2009. Illinois law requires all felons sentenced on or after August 22, 2002 to provide a DNA sample. …
Article • June 15, 2010 • from PLN June, 2010
Georgia’s Privatized Probation System Traps the Poor by David Reutter by David M. Reutter As the prison industrial complex has continued to grow, critics of privatization have adamantly warned that it would lead to financial incentives for for-profit companies to keep people ensnared in the criminal justice system. The privatized …
Bashimam v. City of Tallahassee, FL, Amended Complaint for Damages, Police Violation of 4th Amendment Rights, 2010 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION ESTATE of NABEL BASHIMAM by CASE NO. 4:10-CV-343-RH/WCS DENISE BASHIMAM, Personal Representative, and ISAM BASHIMAM and DENISE BASHIMAM, SURVIVORS; …
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