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Private Industries Employee Liable for using Disciplinary Hearing to Secure Restitution by Private Industries Employee Liable for using Disciplinary Hearing to Secure Restitution A Kansas federal district court denied in part and granted in part a motion for summary judgment filed by defendants in a 42 U.S.C. Section 1983 action …
Article • May 15, 2007
WA Restitution Statue Amendments Retroactive by The Washington Supreme Court reversed a Superior Court's order that held the 1994 and 1997 amendments to RCW 9.94A.142 violate ex post facto as applied; to defendant convicted of 16 Counts of arson in 1986 Pursuant to the amendments the State moved the Superior …
Article • May 15, 2007
New York "Son of Sam Law" Applies To Prisoner's Military Retirement Pay by New York "Son of Sam Law" Applies To Prisoner's Military Retirement Pay On May 8, 2006, the Supreme Court of Albany County, New York, has held that State prisoner George Wendell's military retirement pay is not exempt …
Article • May 15, 2007 • from PLN May, 2007
Washington State Waits Too Long to Collect Restitution by Division 2 of the Washington State Court of Appeals has vacated a restitution order imposed in a criminal case because the state took no action to secure payment for over 10 years. On June 26, 1986, Daniel Sigo pled guilty to …
Article • May 15, 2007
Property Interest in Trust Fund Money by Property Interest In Trust Fund Money The court of appeals for the Fifth circuit held that a Louisiana state prisoner had a property interest in the funds in his prison trust account and may have been denied due process when prison officials seized …
Article • May 15, 2007
Restitution Allowed in Prison Killing by BOP Prisoner in Illinois convicted of killing another prisoner challenged court ordered restitution for the victim's funeral, etc., pursuant to 18 U.S.C. § 3579(b)(B). The court rejected his argument that restitution was inappropriate because the murder saved the government the cost of housing and …
Restitution Allowed At Prison Disciplinary Hearing by The court of appeals for the Seventh circuit held that a prison disciplinary hearing comporting to Wolff v. McDonnell, 94 S.Ct. 2963 (1974) afforded sufficient due process in order for BOP officials in Illinois to seize the prisoner's trust fund account money to …
Article • May 15, 2007
BOP IFRP Program Upheld by The court of appeals for the Second circuit upheld the constitutionality of the BOP's Inmate Financial Responsibility Program for collecting financial debts, restitution and fines from federal prisoners through an escalating series of coercive acts. Case arose in New York. See: Johnpoll v. Thornburgh, 898 …
Article • May 15, 2007
Criminal Restitution Order Non-Dischargeable Through Bankruptcy by The First Circuit Court of Appeals has held that a criminal restitution order is not dischargeable under bankruptcy. The appellant in this case was convicted of embezzlement and ordered by an Illinois court to pay $104,000 restitution in lieu of a prison sentence. …
Article • May 15, 2007
Filed under: Money/Property, Restitution
Federal Restitution Order Upheld by Different Sentencing Court by In 1993, a federal district court in North Carolina ordered Lauletto, Love to pay $50,000 in restitution following her conviction for credit card fraud. Several convictions later, a federal district court in Louisiana, as a parole condition, ordered her to pay …
Article • May 15, 2007
Pennsylvania Criminal Restitution Debt Not Dischargeable in Bankruptcy Action by Gerald Thompson, a land developer, defrauded a customer out of over $20,000. The customer filed criminal charges, and Thompson filed for bankruptcy, listing the $20,000 as a debt to be discharged . The customer didn't object, and the bankruptcy became …
Article • June 15, 2006 • from PLN June, 2006
Filed under: Money/Property, Restitution
Washington DOC May Seize Money for LFOS; RCW 9.94A.772 Abrogates Angula by The Washington Court of Appeals upheld a decision by the Washington Department of Corrections (WDOC) to seize money from a prisoners trust account to pay legal financial obligations (LFOs). In 1994 John Martin was sentenced to 300 months …
Article • April 15, 2006 • from PLN April, 2006
Texas Counties Set To Raid State Prisoners Trust Fund Accounts by Texas Counties Set To Raid State Prisoners Trust Fund Accounts by Matthew T. Clarke Partially in response to legislation making it mandatory by 2007 for Texas counties to establish programs to collect fines, costs, restitution and fees from Texas …
Brief • April 14, 2006
Williams v. Clinch County, GA, Consent Decree, Jail Reimbursement Fees, 2006 Case 7:04-cv-00124-HL Document 71 Filed 04/14/2006 Page 1 of 11 FILED U.S. IJISTR!CT COURT IN THE UNITED STATES DISTRICT COURtpDLt: GEORGIA FOR THE MIDDLE DISTRICT OF GEO~PR 14 PH 2: ~ I VALDOSTA DIVISION (1 <~ DEPUTY CLERK • …
Article • October 15, 2005
California Restitution Fine Collection Rate Raised to 33% by California Restitution Fine Collection Rate Raised To 33% The California Department of Corrections (CDC) increased the percentage it collects from deposits to prisoner trust accounts to pay unpaid restitution fines from 22% to 33%, effective July 1, 2003. Deductions will further …
Article • October 15, 2005
Washington DOC Seizure from Prisoner Savings Fund Policy Upheld by The Washington Court of Appeals rejected a prisoner's challenge to Department of Corrections (DOC) Policy 200.000, requiring that a prisoner's debt to DOC be seized from the prisoner's savings account upon release. DOC is required to place 10 percent of …
Article • June 15, 2005 • from PLN June, 2005
Filed under: Organizing, Voting, Restitution
ACLU-WA Challenges Washington Ex-Felon Disenfranchisement Law by On October 21, 2004, the American Civil Liberties Union (ACLU) of Washington brought suit in state court, challenging a law which prohibits Washington ex-felons from voting solely because they owe legal financial obligations" (LFOs) such as court filing fees and costs, restitution and …
Article • June 15, 2005 • from PLN June, 2005
Restitution Payments By Federal Defendant Whose Direct Appeal Was Final Held Not Reimbursable Upon L by Restitution Payments By Federal Defendant Whose Direct Appeal Was Final Held Not Reimbursable Upon Later Collateral Relief by John E. Dannenberg A convicted swindler whose direct appeal of his federal conviction was denied, but …
Article • March 15, 2005 • from PLN March, 2005
Arizona Appellate Court Vacates Restitution Order In Escape Case by The Arizona Court of Appeals (COA), Division II, has vacated a trial court's restitution order requiring a state prisoner to reimburse the Arizona Department of Corrections (ADOC) for costs allegedly incurred as the result of a prison escape. On September …
Article • March 15, 2005 • from PLN March, 2005
Washington Absconding Does Not Toll LFO Collection Statue by The Washington State Court of Appeals for Division 1 has held that RCW 9.94A.753 affords the state 10 years from a prisoner’s release from total confinement in which to collect Legal Financial Obligations (LFOs) from prisoners. The court also held that …
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