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Article • August 15, 2008
BOP Ordered to Reinstate Good Time Reduction Despite Weapons Enhancement by The petitioner had been determined eligible for early release upon completion of a substance abuse treatment program and was then disqualified based on a new Bureau of Prisons rule disqualifying those who had received sentence enhancements for weapons possession. …
Article • August 15, 2008
BOP Exclusion of Prisoners from Drug Treatment Overbroad by The petitioner, who had pled guilty to conspiracy to violate the firearms control laws, alleged that he had completed a drug abuse treatment program and therefore qualified for early release under a federal statute applicable to prisoners convicted of nonviolent offenses. …
Article • August 15, 2008
Exclusion of Prisoners With Immigration Detainees from BOP Drug Treatment Program Upheld by The Bureau of Prisons had authority to promulgate a program statement that denied prisoners with immigration detainers lodged against them the ability to participate in a drug and alcohol treatment program that could result in sentence reduction. …
BOP Good Time Rule Upheld by Fourth Circuit by The Bureau of Prisons' regulation stating that convictions involving the use or possession of firearms were not "nonviolent offenses" entitling prisoners to early release if they successfully completed drug treatment programs was not unreasonable, and the program statement in which it …
Article • August 15, 2008
Drug Tampering Conviction Bars BOP Good Time Award by Tampering with a consumer product with reckless disregard for risk of death or bodily harm could reasonably be determined to be a "crime of violence" precluding early release for completion of a drug rehabilitation program. The petitioner so precluded from the …
Article • July 15, 2008
North Carolina Liberty Denying Treatment Program Ruled Statutorial Confinement; Prisoner's Time Credited by North Carolina State prisoner William Hearst petitioned for review of an appellate affirmation denying him 81 days credit for treatment program confinement. The affirmation was reversed and remanded to credit the 81 days, Hearst pled guilty for …
33,000 California Prisoners May Need Credits Recalculated Due To Retroactive State Court Decisions by John Dannenberg by John E. Dannenberg Three recent California court decisions interpreting California’s sentencing laws have spawned a need for the California Department of Corrections and Rehabilitation (CDCR) to recalculate the release dates of an estimated …
Article • May 15, 2008
BOP Authority to Revoke Good Time for Pre-Conviction Drug Test Upheld by The plaintiff had a bad urine test after conviction but before sentence on federal charges and lost 27 days good time, to become effective when he was sentenced. At 1157: "Pretrial detainees may not be punished by prison …
Article • May 15, 2008
BOP Early Release Suit Subject to PLRA by The Bureau of Prisons' determination that petitioner is ineligible for early release is something that happened at the prison rather than a continuation of the criminal case, so the PLRA applies, rather than habeas rules. The petitioner filed a notice of appeal. …
Article • May 15, 2008
BOP Legally Enacted Rules Restricting Early Release for Drug Treated Prisoners by The Bureau of Prisons acted within its authority by making prisoners who were convicted of being a felon in possession of a firearm, or had had their sentences enhanced for possession of a dangerous weapon while committing a …
Article • May 15, 2008
Exclusion of Violent Offenders from BOP Good Time Program Upheld by The petitioner was denied a sentence reduction after he had successfully completed a substance abuse program. The Federal Bureau of Prisons did not exceed its statutory authority in excluding prisoners who had prior, rather than current, convictions for violent …
Article • May 15, 2008
Court Dismissed Suit Over Reversed Disciplinary Charges by The plaintiff says that the defendants were responsible for issuing disciplinary reports against him that were overturned. At 1351: "Defendants correctly concede that such a claim may be cognizable under 1983 if the Reports resulted in the lengthening of Plaintiff's term of …
Article • February 15, 2008 • from PLN February, 2008
Filed under: Classification, Good Time
WA Prisoners Entitled to Minimal Due Process Before Risk Level Demotion by Division 1 of the Washington Court of Appeals has ruled that the State Department of Corrections (DOC) must afford minimal due process to prisoners whose risk assessment levels it intends to demote. In 2000, Dion Xavier Adams, a …
Ninth Circuit Holds Washington DOC Immune From Suit for Denial of Community Custody Early Release by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that the Secretary of the Washington State Department of Corrections (WDOC) was qualifiedly immune from suit by prisoners who claimed …
Article • January 15, 2008
Filed under: Sentencing, Good Time
Trial Court Lacks Authority to Deny Washington Earned Credits by The Washington State Supreme Court, sitting en banc, held that the trial court has no authority to restrict the grant of earned early release time credits. Brenda Louise West robbed a motel. "In exchange for a reduction of the charge …
Oklahoma Discipline Vacated Following Ruling in Gamble; No Evidence Violates Due Process by The Tenth Circuit Court of Appeals held that an Oklahoma prisoner was denied due process of law when he was punished in the absence of evidence to support the disciplinary violation. Oklahoma prisoners "are required to keep …
Article • January 15, 2008
Filed under: Sentencing, Good Time
Early Release Credit Not Available to Prisoners with ‘Crimes Against Persons’ Convictions by Early Release Credit Not Available to Prisoners with "Crimes Against Persons" Convictions While incarcerated, former Washington State prisoner Roosevelt Silas claimed a constitutional violation for equal treatment under the law when his application for a newly-enacted 50% …
South Carolina Litigation Act Does Not Apply to Post-conviction Proceedings by South Carolina state prisoner Stacy Wade pled guilty to various drug charges. Without filing a direct appeal, he filed for post conviction relief (PCR) for allegedly being coerced into the plea bargain. Wade's testimony of coercion at his PCR …
Retroactive Application of NJ Sex Offender Law Upheld by The plaintiffs were convicted before September 1979 of sex offenses and their conduct determined to be characterized by "a pattern of repetitive and compulsive behavior." They were sentenced to indeterminate terms in an Adult Diagnostic and Treatment Center and could not …
Article • November 15, 2007 • from PLN November, 2007
Oklahoma Court Orders Sentenced Prisoners Transported to Prison by The District Court for Oklahoma County, Oklahoma has ordered the County's Sheriff to transfer all prisoners awaiting transportation to the Department of Corrections (DOC) within 30 days and any prisoners sentenced after the Court's order are to be so transferred within …
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