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Georgia Sex Offender Registration Act Unconstitutionally Vague As Applied to Homeless Offenders Without a Route or Street Address by Georgia’s sex offender registration law is unconstitutionally vague as applied to homeless sex offenders, the Supreme Court of Georgia decided October 27, 2008. William Santos was charged with violating Georgia’s sex …
Brief • March 11, 2011
Cate v. Pirtle, US, Reply to Briefs in Opposition, Parole Conditions, 2011 03/15/2011 09:18 5099490119 GROSSMAN LAW OFFICES PAGE 01/00 No. 10-868 Jit the i_tpreine Timid nit the thittril tubas MATTHEW CATE, ET AL, Petitioners, V, JOHN PIRTLE, ET AL., Respondents. CERTIFICATE OF SERVICE BY MAIL 1, Jennifer A. Neill, …
Fourth Circuit Vacates Pornography Restriction on Federal Defendant by The U.S. Court of Appeals for the Fourth Circuit has vacated a set of supervised release conditions that prohibited a defendant from possessing pornography, entering places where pornography could be obtained, having contact with children and requiring that the defendant undergo …
Article • January 15, 2011 • from PLN January, 2011
Speedy Sentencing Procedure Applies to Probation Revocations, California Supreme Court Holds by California prisoners facing revocation of probation must be sentenced within 90 days after making a request under Penal Code 1381 or the probation revocation proceeding must be dismissed, the Supreme Court of California decided March 9, 2009. David …
Article • December 15, 2010 • from PLN December, 2010
U.S. Prison Population Declines in Second Half of 2009 by In June 2010, the Bureau of Justice Statistics of the U.S. Department of Justice released year-end prisoner counts for state and federal prisons in 2009. The counts reported 1,613,656 prisoners in state and federal prisons, up 0.2% from year-end 2008. …
Controversial Report Criticizes Director of Idaho Parole Commission by Matthew Clarke by Matt Clarke In February 2010, the Idaho legislature’s Office of Performance Evaluations (OPE) released an audit report titled “Increasing Efficiencies in Idaho’s Parole Process.” Among other things, the report critiqued Olivia Craven, Executive Director of the Idaho Commission …
Fifth Circuit Delineates Process Due Before Imposition of Sex Offender Parole Conditions by Matthew Clarke by Matt Clarke On May 20, 2010, the Fifth Circuit Court of Appeals held that Texas parolees who had never been convicted of a sex offense, but were subject to onerous sex offender parole conditions …
Article • July 15, 2010 • from PLN July, 2010
Release Conditions Requiring Defendant to Tell Probation Officer about Romantic Relationships Vacated by On January 7, 2010, the U.S. Court of Appeals for the Second Circuit vacated a condition of supervised release that required a federal defendant to notify probation officials each time he entered into a “significant romantic relationship.” …
Article • June 15, 2010 • from PLN June, 2010
50,000 Illinois Felons Released Without DNA Collection by Approximately 50,000 felons have been released from Illinois prisons and discharged from probation supervision without having their DNA collected, state officials acknowledged in September 2009. Illinois law requires all felons sentenced on or after August 22, 2002 to provide a DNA sample. …
Texas Parolee Challenges His Designation as Sex Offender by On September 3, 2002, Texas parolee Miller Branch, Jr., filed an amended civil rights complaint in federal district court pursuant to 42 U.S.C. § 1983 challenging his designation as a "sex offender" by parole officials and the requirement that he register …
Article • April 15, 2010 • from PLN April, 2010
State of Washington Settles Parolee’s Unlawful Detention Suit for $39,695.10 by In February 2008, the state of Washington entered into a stipulated judgment to settle a lawsuit for damages filed in Pierce County Superior Court by Mark Stephen Rice. In settling the suit, which was filed in June 2007, the …
Article • March 15, 2010 • from PLN March, 2010
A Tight Leash: Judges Micromanage Federal Offenders After Release by Brandon Sample The number of people serving terms of supervised release after leaving federal prison is creeping ever closer to 100,000. As judges and probation officers attempt to manage their growing caseloads, more and more judges are imposing supervised release …
Article • March 15, 2010 • from PLN March, 2010
Texas Counties Give Up on Probationer Restitution Centers by Matthew Clarke by Matt Clarke In the 1980s, faced with overcrowded prisons and probationers who often failed to pay their court-ordered fees and fines, some Texas counties came up with what sounded like a good idea: the Probationer Restitution Center (PRC). …
Article • March 15, 2010 • from PLN March, 2010
California Enacts Non-Revocable Parole And Increased Credits To Reduce Prison Population by John Dannenberg by John E. Dannenberg In what appears to be the first attempt to comply with federal court orders to reduce California’s prison population, the State Legislature enacted Senate Bill 18, which, effective January 25, 2010, places …
Free Rent for Some Washington State Parolees by Due to a roughly $9 billion state budget deficit, the Washington State legislature approved a plan to offer 90-day rent subsidies for selected prisoners who are eligible for early release. The program is expected to save taxpayers an estimated $1.5 million over …
Federal Judge Holds Texas Parole Board Coleman Hearings Unconstitutional by Matthew Clarke by Matt Clarke On August 6, 2009, a federal judge ruled that hearings held by the Texas Board of Pardons and Paroles (BPP) to determine whether onerous sex offender conditions should be imposed on parolees not convicted of …
Article • February 15, 2010 • from PLN February, 2010
Maryland: Parole Supervision Fee Likely Does More Harm than Good by Bob Williams In a 2009 report by the Brennan Center for Justice, a think tank and public interest advocacy group at New York University School of Law, the authors conclude that the state of Maryland’s assessment of a $40 …
Article • February 15, 2010 • from PLN February, 2010
Homelessness a Significant Problem for Released Prisoners by John Dannenberg by John E. Dannenberg and Alex Friedmann On August 8, 2008, the U.S. Bureau of Prisons (BOP) discharged disabled prisoner Michael R. McHone from FCI Edgefield in South Carolina to spend his first night at a motel. The next day …
Sex with Former Jail Employee Lands Texas Sex Offender Back in Prison by On February 27, 2009, three days after his release from prison, Wydell J. Vaughn, 28, found himself back behind bars for having a romantic relationship with a former jail employee. Vaughn was convicted in 2002 on two …
Article • January 15, 2010
First Circuit Rejects Internet, Pornography Restrictions on Sex Offenders by On January 21, 2009, the U.S. Court of Appeals for the First Circuit reversed two special conditions of supervised release imposed on a sex offender. The two conditions, one banning all internet use at home, the other prohibiting the possession …
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