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Article • July 15, 2004 • from PLN July, 2004
Interest on Legal Financial Obligations Not Dischargeable in Bankruptcy by Interest on Legal Financial Obligations Not Dischargeable in Bankruptcy The Washington Court of Appeals held that interest which accrues statutorily on legal financial obligations (LFOs) is not dischargeable in bankruptcy proceedings. In 1992, Carol Cunningham was convicted of various drug …
Article • June 15, 2004 • from PLN June, 2004
Kansas Trial Courts Have Latitude in Setting Restitution Payments by The Kansas Supreme Court has ruled that K.S.A.2002 Supp. 21-4603d allows state trial courts to order prisoners to pay restitution from their prison accounts, and to order that a portion of such accounts be exempt from collection. William Puckett was …
Article • May 15, 2004 • from PLN May, 2004
Filed under: Money/Property, Restitution
Confinement for Willful Failure to Pay LFOs Upheld by The Washington state court of appeals held that confining a criminal defendant for 60 days for failing to pay his legal financial obligations (LFOS) was proper. In 1993, John Woodward pleaded guilty to burglary and auto theft charges, for which he …
Article • December 15, 2003
Filed under: Money/Property, Restitution
Federal Restitution Order Upheld 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 the restitution in North …
Article • November 15, 2003 • from PLN November, 2003
Confinement for Nonpayment Without Willfulness Violates Due Process by Confinement for Nonpayment Without Willfulness Violates Due Process, Washington Courts Have 10 Years to Collect Fines The Supreme Court of the State of Washington, sitting en banc, held that defendants cannot be jailed for failure to pay fines, in the absence …
Veterans' Disability Check Unlawfully Seized to Pay State Restitution Fine by John E Dannenberg by John E. Dannenberg The Third Circuit US Court of Appeals held that a New Jersey statute providing for seizure of a prisoner's federal veterans' disability benefits check to pay a state restitution fine was void …
Wichita Kansas Pays $6.2 Million to Settle Detainees' Lawsuit by Wichita Kansas Pays $6.2 Million to Settle Detainees' Lawsuit On May 7, 2002, Wichita's City Council approved $6.2 million to be awarded to the 7,000 citizens who had their 14th Amendment rights violated. The suit filed by what the city …
Article • April 15, 2003 • from PLN April, 2003
Interest on Washington Restitution Cannot Be Suspended by In a brief ruling, a Washington state appeals court held that trial courts lack the statutory authority to suspend the accrual of interest on court ordered restitution. Dean Claypool pled guilty to second degree assault charges and, in addition to a prison …
Tribal Funds Exempt from Washington LFO Seizures by In an unpublished order, a federal court in Washington granted a Native American prisoner's motion for summary judgment on the issue of liability of prison officials in seizing monthly tribal per capita allotments from his prison account to satisfy court-ordered legal financial …
Class Action Filed on Washington DOC Seizure of Tribal Funds by On March 29, 2002, a class action suit was filed in a Washington federal court on behalf of all Native American prisoners in the Washington prison system who have had tribal trust funds seized by the Washington Department of …
Kansas Disciplinary Restitution Orders Authorized by The Kansas Court of Appeals affirmed a district court judgment, reducing the amount of restitution assessed against two prisoners for disciplinary rule violations, from $1,956.75 to $1,104.68 per prisoner. In doing so, the court concluded that the Department of Corrections has the authority to …
Article • May 15, 2001 • from PLN May, 2001
Software Glitch Frees Washington Probationers by A computer error at the Washington state Department of Corrections prematurely released about 70 people from criminal supervision or restitution payments. People convicted of crimes such as robbery, drug possession and assault were suddenly freed from supervision on April 21, 2000, said DOC spokesman …
Article • June 15, 2000 • from PLN June, 2000
Washington Restitution Orders Are Invalid After 10 Years by The Washington state Supreme Court, sitting En Banc, held that the 10 year life of restitution orders begins to run upon release from confinement and is not tolled by any subsequent imprisonment on unrelated charges. In 1986, Brandt Sappenfield was convicted …
BOP Can't Keep Prisoner Who Refuses to Pay Fine Indefinitely by A federal district court judge in Virginia held that a prisoner's refusal to sign an agreement to pay a court ordered fine does not allow the Bureau of Prisons (BOP) to keep him imprisoned indefinitely. This ruling amply illustrates …
Article • December 15, 1999 • from PLN December, 1999
Washington Court of Appeals Holds Restitution Orders Invalid by The Washington state Court of Appeals held that restitution orders entered under the pre-1995 version of RCW 9.94A.142 are invalid if entered more than 60 days after sentencing and entered: (1) as an ex parte order, if the defendant objected, regardless …
Article • July 15, 1999 • from PLN July, 1999
Washington Restitution Order Expired Ten Years After Release by The Washington state court of appeals granted a prisoner's personal restraint petition, holding that under RCW 9.94A.142(1994) his restitution obligation expired 10 years after his release from confinement for the crimes which gave rise to the restitution order. In 1986, Brandt …
PA DOC Not 'Victim' for Restitution Purposes by A Pennsylvania court of appeals held that the DOC was not a "victim" for restitution purposes and that prison expenditures on health care for a murdered prisoner were not compensation reimbursable to the DOC under a restitution statute. Three Pennsylvania state prisoners …
Article • June 15, 1997 • from PLN June, 1997
BOP Can't Set Restitution by The court of appeals for the second circuit held that federal district courts may not delegate to the Bureau of Prisons (BOP) the responsibility to devise a restitution payment schedule pursuant to the Inmate Financial Responsibility Program (IFRP), 28 C.F.R. § 545.10. Daniel Mortimer was …
Prison Litigation Reform Act Passed by Paul Wright On April 27, 1996, president Clinton signed the Prison Litigation Reform Act (PLRA) into law attached as a rider to the budget for the Justice Department. The PLRA is the culmination of a lengthy campaign waged by prisoncrats and the National Association …
Article • April 15, 1996 • from PLN April, 1996
Iowa Supreme Court: Hearing Required Before Prisoner Funds Seized by The Iowa state supreme court has held that prisoners must be afforded a hearing before prison officials seize funds sent to the prisoner from outside sources in order to pay court ordered restitution. In 1982 Jerry Ashburn was convicted of …
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