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Tennessee Discontinues Polygraph Tests as Sex Offender Supervision Tool by Legal concerns have led the Tennessee Board of Probation and Parole (BOPP) to order probation officers to discontinue the use of polygraphs, better known as lie detector tests, in their supervision of sex offenders. Polygraphs are to be used for …
Tenth Circuit Affirms Sentence in Excess of Federal Advisory Guidelines for Sex Offender Who Violated Terms of Supervised Release by In an unpublished opinion, the Tenth Circuit affirmed the district court's imposition of an 18-month prison term for a Utah man, Brian Olinger, who pled guilty to three violations of …
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 …
Article • March 15, 2012 • from PLN March, 2012
Electronic Monitoring: Some Causes for Concern by James Kilgore Electronic monitoring (EM) looms high on the list of alternatives to incarceration for corrections officials seeking solutions to overcrowded prisons and budget deficits. First used in 1983, today some 200,000 people in the United States wear some sort of electronic monitor, …
Article • March 15, 2012 • from PLN March, 2012
Idaho Jail Institutes Pay-to-Stay-Out Program by A jail in Canyon County, Idaho has taken the concept of pay-to-stay one step further by charging certain convicted prisoners to stay out of jail. First-time offenders with a non-violent crime who are compliant may have the opportunity to pay up to $15 a …
Texas Court of Criminal Appeals Rules Against Parole Board on Imposition of Sex Offender Restrictions on Non-Sex Offenders by Matthew Clarke by Matt Clarke The Texas Court of Criminal Appeals held that the Texas Board of Pardons and Paroles was required to provide due process in the form of a …
California: Failure to Accommodate Hearing-Impaired Parolee Leads To $100,000 Settlement by In November 2009, Joseph Genova, a hearing-impaired ex-prisoner, signed a Settlement Agreement and Release of All Claims, accepting $10,000 from the State of California, $68,000 from Walden House, Inc., and $22,000 from Behavioral Systems Southwest, Inc. (BSS) in exchange …
New York’s Sex Offender Civil Commitment Program Proves Expensive, Problematic by Matthew Clarke by Matt Clarke At an annual cost of $175,000 per civilly-committed sex offender, New York’s civil commitment program is the second most expensive in the country (Washington state is first at a cost of $177,000 per prisoner). …
Article • November 15, 2011
$50,000 Settlement Reached in Washington Over-Detention Suit by A $50,000 settlement was reached in an unlawful imprisonment suit filed against the Washington State Department of Corrections (WDOC). On March 31, 1992, Jeffrey Westfall pled guilty to one count attempted second-degree rape and two counts of residential burglary and was sentenced …
Article • September 15, 2011
Washington Prisoners' Supervision Requirement That They not Have Sex without Prior "Consent and Approval" Upheld by Washington Prisoners' Supervision Requirement That They not Have Sex without Prior "Consent and Approval" Upheld Justin Autrey and Darrell Abbott, Washington state sex offenders, appealed trial court stipulations to their release from prison. Those …
Article • September 15, 2011
Third Circuit: Local Occupation Restrictions on Fraudulent "Attorney" Allowed by Third Circuit: Local Occupation Restrictions on Fraudulent "Attorney" Allowed On April 19, 2006, the Third Circuit upheld occupational restrictions placed on a former federal prisoner that prohibited him from working for an attorney of law firm while on three years …
Third Circuit Upholds Pennsylvania Sex Offender Treatment Parole Requirement by Mark Wilson The Third Circuit Court of Appeals held that a sex offender treatment requirement did not violate a Pennsylvania prisoner’s constitutional rights. In 1987, Clifford Newman was convicted of several sex offenses and sentenced to 20 years in prison. …
GPS Tracking of Washington Sex Offenders Expanded by David Reutter By David M. Reutter In September 2008, The Washington State Department of Corrections (WDOC) began requiring its most violent sex offenders to wear a GPS monitoring bracelet for the first 30 days after release from prison. The new program is …
Article • July 15, 2011
Restitution Decisions Nondelegable; Alcohol Consumption Supervision Condition Invalid by The Ninth Circuit Court of Appeals held that a lower court erred in imposing supervision conditions which delegated restitution decisions to a probation officer, and prohibiting alcohol consumption. It upheld conditions restricting employment and requiring searches without a warrant. “Marcus Betts …
Article • July 15, 2011
California: Prisoner’s Parole May Not Be Revoked if Board Fails to Act During 30-Day Discharge Review Period by Michael Brodheim By Mike Brodheim The California Court of Appeal has held that, by failing to act during the 30-day discharge review period provided by statute, the Board of Parole Hearings (Board) …
New York: Double Jeopardy Prohibits Imposition of Post-release Supervision Once Defendant is Released from Custody by In a 5-2 decision on February 23, 2010, New York’s Court of Appeals, the state’s highest court, ruled that the double jeopardy clause of the U.S. Constitution prohibits the resentencing of a defendant to …
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 …
Fifth Circuit: Sex Offender Conditions May be Imposed for Prior Sex Offense by Matthew Clarke by Matt Clarke The Fifth Circuit Court of Appeals held that a person on parole for a crime that was not a sex offense, but who had completed a sentence for a prior sex offense …
Article • March 15, 2011 • from PLN March, 2011
Probation May Not Be Conditioned On Overly Broad Court Access Restrictions by A California Court of Appeal has concluded that a probation condition prohibiting a defendant from being within 500 feet of any courthouse is unconstitutionally overbroad. Alejandro Perez pleaded guilty to second degree robbery after forcibly taking a $29 …
Article • March 15, 2011
Violation of Washington SSOSA Need Not be Willful by The En Banc Washington state Supreme Court affirmed a lower court’s revocation of a sex offender’s suspended sentence under Washington’s Special Sex Offender Sentencing Alternative (SSOSA). In 2000, David Elvin McCormick was convicted of raping his 11-year-old developmentally disabled granddaughter. The …
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