Skip navigation

Search

165 results
BOP Eases Money Grab from Federal Prisoners by On December 17, 2024, the federal Bureau of Prisons (BOP) issued a proposed rule change to its Inmate Financial Responsibility Program (IFRP), outlining how much of a federal prisoner’s trust account may be garnished to satisfy restitution and other court-ordered payments. The …
Article • January 15, 2025 • from PLN January, 2025
Michigan Supreme Court Greenlights Adding Restitution At Resentencing of Former Juveniles Sentenced to LWOP by On July 8, 2024, the Supreme Court of Michigan held that imposing a new restitution obligation—by retroactive application of restitution statutes enacted after a criminal defendant committed his underlying offense—could nevertheless happen during a resentencing …
Article • February 1, 2024 • from PLN February, 2024
First Circuit Lets BOP Take Prisoner’s Entire $10,956.36 Trust Account Balance for Restitution by Douglas Ankney Douglas Ankney Prisoners beware: On June 5, 2023, the U.S. Court of Appeals for the First Circuit refused to stop the federal Bureau of Prisons (BOP) from “turn[ing] over the full amount” in a …
Article • April 27, 2023
Filed under: Restitution, Ability to Pay
Missouri Senior Citizen Jailed Three Days After Letting Dog Off Leash by Chuck Sharman by Chuck Sharman On March 13, 2023, an attorney in Missouri’s Iron County helped a 64-year-old resident file a pro se motion in court, asking for an indigency hearing she never got before being ordered to …
Article • October 31, 2022 • from PLN November, 2022
Fifth Circuit Upholds Nearly $13.5 Million Restitution Order Against Federal Prisoner by Anthony Accurso by Anthony W. Accurso On February 25th, 2022, winning turnedout to be losing for a federal prisoner when the U.S. Court of Appeals for the Fifth Circuit affirmed a massive restitution order issued by a district …
Article • May 1, 2022 • from PLN May, 2022
Hawaii Supreme Court Orders New Parole Hearing for Prisoner Held Since 1979 by Douglas Ankney by Douglas Ankney Over 42 years after he was sentenced to Life with Possibility of Parole (LWPP), a pro se Hawaii prisoner took a step closer to the promise contained in his sentence on October …
Article • January 9, 2020 • from PLN January, 2020
Filed under: Settlements, Restitution
Government Wants Federal Prisoner’s $250,000 Settlement to Pay Restitution by Dale Chappell by Dale Chappell A federal prisoner who won a $250,000 settlement against the federal Bureau of Prisons (BOP), following an injury that required surgery and a month-long hospital stay, is fighting government lawyers who want that money to …
Article • September 14, 2019
Disciplinary Hearing Restitution Order Enforceable in Bankruptcy Proceeding by An Idaho federal Bankruptcy Court held that a prison disciplinary restitution order was enforceable and may be distributed from the proceeds of a lawsuit settlement. While an Oregon prisoner, Marlin B. Pohlman was subjected to a misconduct charge for a property …
Article • November 6, 2018 • from PLN November, 2018
Deductions from Pennsylvania Prisoner’s Trust Account Require Notice by On May 4, 2018, the Pennsylvania Supreme Court held a Commonwealth Court should not have sustained a demurrer to a prisoner’s action challenging deductions from his prison account to satisfy criminal restitution orders. State prisoner Kevin A. Bundy asserted, primarily, that …
Arkansas Supreme Court finds reimbursement from a §1983 settlement improper by An Arkansas Supreme Court reversed and remanded a circuit court’s order granting reimbursement to the state the costs associated with Dexter Harmon’s incarceration. The court ruled that reimbursement from a §1983 settlement was improper because the circuit court failed …
Article • January 31, 2018 • from PLN February, 2018
Missouri Supreme Court: Restitution Must be for Losses “Due to” Crime of Conviction by The en banc Missouri Supreme Court held that a trial court may order restitution only for “losses ‘due to’ the offense for which the defendant has been found (or pleaded) guilty.” Under Mo. Rev. Stat. 559.105.1, …
Article • January 8, 2018 • from PLN January, 2018
Filed under: Settlements, Restitution
Majority of Federal Prisoner’s Settlement Seized for Restitution; Tenth Circuit Affirms by A federal prisoner who obtained a $200,000 settlement from the Bureau of Prisons was ordered to pay $145,640 towards restitution to compensate his victims. Kappelle Simpson-El was convicted in 2008 on 25 counts related to a scheme where …
Article • December 11, 2017
Congress Exempts from Taxation Awards to Wrongfully Convicted by Derek Gilna by Derek Gilna Congress has passed the wrongful Conviction Tax Act of 2015 with votes from both sides of the aisle, exempting the damage awarded granted the wrongfully convicted from federal tax liability.   According to the Innocence Project, a …
Article • May 5, 2017 • from PLN May, 2017
Fourth Circuit: IFRP Challenges Cognizable Under § 2241 by The Fourth Circuit Court of Appeals held in December 2015 that a federal habeas corpus petition under 28 U.S.C. § 2241 is the proper means for a federal prisoner to challenge their obligation to make restitution payments through the Bureau of …
Article • March 10, 2017 • from PLN March, 2017
Ohio: Garnishment from Exempt Funds in Prison Account States Mandamus Claim by The Ohio Supreme Court has reversed a lower court’s dismissal of a prisoner’s mandamus claims related to the garnishment of exempt funds in her prison account. Ohio state prisoner Agatha Martin Williams was sentenced to 102 months and …
New Study Documents Lower Pre-arrest Incomes for Prisoners by Derek Gilna A study released last year, prepared by the Prison Policy Initiative (PPI), documented what most criminal justice experts have long suspected – that offenders’ pre-arrest incomes are significantly lower than the incomes of people who are not incarcerated. Interestingly, …
Article • September 8, 2016
Filed under: Judiciary, Restitution
IFRP Restitution Issues May Not Be Delegated to BOP by Sentencing Judge by Derek Gilna The U.S. Court of Appeals for the 9th Circuit has ruled that "a sentencing court must review the issue of defendant restitution, not simply order "immediate" repayment and delegate the details of the actual payment …
Article • August 22, 2016
Filed under: Restitution
Hawaii: Money from Restitution Orders Generally Not Collected by Thirteen years after a state auditor released a report critical of the Hawaii judiciary's collection efforts, only a small fraction of the millions of dollars in restitution assessed against offenders has been collected, leaving victims of crime upset at what they …
Report Finds Criminal Justice Debt Creates Barriers to Offender Reintegration by David Reutter Severe financial obligations imposed upon offenders who get entangled with the criminal justice system "perpetually punish many ex-offenders and consign them to a life of permanent debt and poverty," concludes a report published by the John Jay …
The Debt Penalty: Financial Barriers to Offender Reintegration, John Jay College, 2014 The Debt Penalty Exposing the Financial Barriers to Offender Reintegration Douglas N. Evans Research & Evaluation Center John Jay College of Criminal Justice August 2014 ACKNOWLEDGMENTS | Preparation of this report was supported by a grant from Justice …
Page 1 of 9. | 1 2 3 4 5 6 7 8 9 | Next »