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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 …
Federal BOP’s Exclusions from Early Release Incentive for Substance Abuse Program Completion Struck Down by by Stephen G. Yagman The U.S. Ninth Circuit Court of Appeals has invalidated the federal Bureau of Prisons’ (BOP) policy statement, 28 C.F.R. § 550.58(a)(1)(iv)(2000), see 65 Fed.Reg. 80745-01 (Dec. 22, 2000), that denies prisoners …
Article • March 15, 2011 • from PLN March, 2011
Texas Audits Private Prison and Substance Abuse Treatment Contract Monitoring by Matthew Clarke by Matt Clarke In March 2010, the Texas State Auditor’s Office released a report on a performance audit of the Private Facilities Contract Monitoring and Oversight Division (PFCMOD). The PFCMOD monitors private prisons and private substance abuse …
Article • June 15, 2010 • from PLN June, 2010
California: Budget Cuts Target Rehabilitation Programs by Michael Brodheim Forced to trim its budget by $1.2 billion, the California Department of Corrections and Rehabilitation (CDCR) is cutting back on rehabilitative programs that help reduce recidivism. On October 14, 2009, Donovan State Prison closed its “Right Turn” substance abuse program that …
NACDL Releases Report on U.S. Drug and Mental Health Courts by Matthew Clarke by Matt Clarke In September 2009, the National Association of Criminal Defense Lawyers (NACDL) released a 74-page report on the state of America’s drug and mental health courts, reflecting the knowledge gleaned from over 130 expert witnesses …
Article • May 15, 2010 • from PLN May, 2010
Study Finds Pharmacological Treatment of Opiate Dependence Under-Utilized in State and Federal Prisons by Michael Brodheim In the first national survey of its kind, researchers have documented important attitudes and practices among state and federal correctional medical directors regarding the use of methadone and buprenorphine to treat heroin/opiate addiction in …
Article • May 15, 2010 • from PLN May, 2010
Methadone Vending Machines Installed in British Prisons by Fifty-seven methadone vending machines have been installed in British prisons in an effort to help opiate-addicted prisoners manage their drug addictions without resorting to illegal heroin supplies available behind bars. The machines dispense individualized doses of methadone to registered prisoners after a …
Article • May 15, 2010 • from PLN May, 2010
Faith-Based Substance Abuse Program Contracts May Violate Florida’s Constitution by David Reutter by David M. Reutter Contracts between the Florida Department of Corrections (FDOC) and faith-based substance abuse transitional housing programs may violate the “no-aid” provision of Florida’s Constitution. Because the issue required further factual development to make that determination, …
Washington State DNA Collection Fee Affirmed on Appeal by On October 15, 2008, Brandy Brewster of Washington State was convicted by a jury for possession of cocaine, for which she was arrested almost two years previously on November 15, 2006. At her sentencing on December 8, 2008, Ms. Brewster was …
Article • March 15, 2010 • from PLN March, 2010
California Cuts Funding for Prop 36 Drug Treatment Programs by Michael Brodheim In an effort to trim a $26.3 billion budget deficit, California Governor Arnold Schwarzenegger slashed $90 million from a diversion program designed to offer certain non-violent drug offenders the opportunity to participate in substance abuse treatment instead of …
Ninth Circuit Strikes Down BOP Rule Limiting Early Release for RDAP Participants by Brandon Sample Following its recent decision in Arrington v. Daniels, 516 F.3d 1106 (9th Cir. 2008) [PLN, June 2009, p.44], the U.S. Court of Appeals for the Ninth Circuit struck down another federal Bureau of Prisons (BOP) …
Colorado Detainee Tasered During Seizure, Paid $116,731.73 and $83,268.27 in Fees by A Colorado detainee settled his medical neglect and excessive force suit within four months of filing for $116,731.73 in damages and $83,268.27 in attorney’s fees. On July 26, 2006, Michael R. Martin was booked into Colorado’s Adams County …
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 • September 15, 2009
New Research on Prisoner Gambling: Correctional Considerations and Implications for Re-entry by D J Williams by Dr. D J Williams Independent Researcher, Los Angeles, CA Exclusive article written for Prison Legal News (October 2009) *The author wishes to thank the Alberta Gaming Research Institute for funding his research on prisoner …
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 …
Crouse et al v. Rustin et al, PA, Complaint, substance mental illness suicide neglect, 2009
Article • August 15, 2009 • from PLN August, 2009
Utah Evaluates Drug Program Pilot; Recommends Further Evaluation by David Reutter by David M. Reutter A report by Utah’s legislative Auditor General into the performance of the Drug Offender Reform Act (DORA) says that more time is needed to evaluate the program, and it makes several recommendations to assist in …
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