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Article • August 3, 2016
Florida Sheriff Faces Contempt Proceedings for Furlough Program by David Reutter The State Attorney for Florida’s Gadsden County has petitioned a state court to hold the sheriff in contempt for allowing prisoners an eight hour furlough without court approval.  “The inmates involved were supposed to have been held on bond ...
Article • August 1, 2015 • from PLN August, 2015
Vermont: Retaliatory Furlough Denial Reviewable on Rule 75 Motion by Mark Wilson Vermont: Retaliatory Furlough Denial Reviewable on Rule 75 Motion by Mark Wilson The Vermont Supreme Court has reversed a lower court’s denial of a prisoner’s motion to reopen his post-conviction relief case alleging the retaliatory denial of a ...
Article • June 10, 2015
Filed under: Classification, Furloughs
Arkansas Prisoner’s Suit Based on Classification Status Dismissed by David Reutter Arkansas Prisoner’s Suit Based on Classification Status Dismissed by David Reutter The Arkansas Supreme Court affirmed the dismissal of a prisoner’s lawsuit for being barred by sovereign immunity and for failure to state a cause of action on which ...
Article • January 13, 2015
Report Says Compassionate Release Would Save Strapped BOP Money by Derek Gilna Report Says Compassionate Release Would Save Strapped BOP Money by Derek Gilna It apparently took the May 2013 issuance of an 85-page report by the non-partisan Inspector General Michael E. Horowitz, but that report and a well-publicized budget ...
Article • December 3, 2014 • from PLN December, 2014
BOP Criticized for Denying Most Compassionate Release Requests by BOP Criticized for Denying Most Compassionate Release Requests The federal Bureau of Prisons (BOP) is operating under revised guidelines intended to expand the circumstances under which federal prisoners can seek a reduction in their sentences through the agency’s Compassionate Release Program, ...
Brief • August 2, 2013
Filed under: Furloughs
Gist v. New York, NY, Order Denying MTD, Death Bed Visit, 2013 STATE OF NEW YORK COURT OF CLAIMS ROBERT GIST, Claimant, DECISION AND ORDER -vClaim No. Motion No. THE STATE OF NEW YORK, Defendant. 122483 M-83313 FILED AUG 02 2013· BEFORE: HON. CHRISTOPHER J. McCARTHY Judge of the Court ...
Article • January 15, 2013 • from PLN January, 2013
States Seek Federal Medicaid Reimbursements to Offset Prison Medical Costs by States Seek Federal Medicaid Reimbursements to Offset Pris-on Medical Costs State prison systems nationwide are looking to federal Medicaid reimbursements to partly offset escalating healthcare expenses for prisoners. The Medicaid law expressly excludes coverage for people who are incarcerated, ...
Article • January 15, 2013 • from PLN January, 2013
Despite Budget Crunch, Texas Rarely Grants Medical Paroles by Matthew Clarke by Matt Clarke Faced with a $23 billion shortfall in its 2011-2012 budget, Texas officials nevertheless have refused to take advantage of a potential money-saver: paroling state prisoners who are elderly, infirm or terminally ill, who pose little threat ...
Article • March 15, 2012 • from PLN March, 2012
Medical Parole Law Costs California Taxpayers Millions of Dollars by Responding to concerns that prisoners who are granted compassionate release due to terminal medical conditions may “cheat” the system by outliving a doctor’s prognosis, the California legislature enacted a medical parole law in 2010 that allows prisoners to be re-incarcerated ...
Article • February 15, 2012 • from PLN February, 2012
Doctors Propose Changes to Fix Flaws in Compassionate Release Programs by Michael Brodheim by Mike Brodheim In “Balancing Punishment and Compassion for Seriously Ill Prisoners,” published in the July 19, 2011 issue of Annals of Internal Medicine, Doctors Brie A. Williams, Rebecca L. Sudore, Robert Greifinger and R. Sean Morrison ...
Article • March 15, 2011 • from PLN March, 2011
BOP’s Furlough Notification Policy Not to be Addressed for Seven Years by Derek Gilna A September 2010 report by the Office of the Inspector General of the U.S. Department of Justice cast light on deficiencies with the Bureau of Prisons’ (BOP) furlough policy, and in doing so inadvertently highlighted the ...
The Graying of America’s Prisons by James Ridgeway Frank Soffen, now 70 years old, has lived more than half his life in prison, and will likely die there. Sentenced to life for second-degree murder, Soffen has suffered four heart attacks and is confined to a wheelchair. He has lately been ...
Article • October 15, 2010 • from PLN October, 2010
Expanded Eligibility for New York Medical Parole Has Little Effect by Matthew Clarke by Matt Clarke In April 2009, New York passed a statutory amendment that expanded the state’s compassionate release program for terminally ill prisoners. The amendment permitted medical parole for prisoners convicted of certain violent crimes who were ...
Article • June 15, 2010 • from PLN June, 2010
California: Furloughing Prison Employees Costing Taxpayers More by Michael Brodheim Faced with an unprecedented budget deficit, California Governor Arnold Schwarzenegger ordered state workers to stay home three Fridays each month, which amounts to a 14% pay cut. Known as the “Furlough Friday” program, the cost-cutting measure, implemented in February 2009, ...
Article • August 15, 2008
Parolee Subject to Prison Rules Prior to Release by Complaints about fire code violations in a facility operated under contract with the state raised at most an issue of negligence on the part of the city where the facility was located, since the claim turned on their alleged failure to ...
Article • July 15, 2008
South Carolina Prisoners' Furlough Eligibility Prior To 1993 Amendment Grand-fathered by South Carolina State Corrections and Parole entities appealed a judgment entitling prisoners within six months of release to participate in a furlough program. The program's eligibility requirements were changed by a 1993 statutory amendment. The court affirmed the judgment. ...
Article • July 15, 2008
Arizona Prisoners' Records Requests Statutorily Denied; No Constitutional Right To Work Furlough by Arizona State pro se prisoner Richard Berry appealed the dismissal of his due process claims for being denied work furlough and copies of his criminal records. The dismissal was affirmed. Berry requested his master record file after ...
Article • May 15, 2007
Filed under: Classification, Furloughs
Alaska Superior Courts May Not Grant Furloughs Under Criminal Rule 35(b) by The Alaska Court of Appeals held that superior courts may not use their authority to modify sentences under Criminal Rule 35(b) to grant furloughs to prisoners, but may use that authority to impose a term of periodic imprisonment. ...
Seventh Circuit Reverses Dismissal of Race/Exposure Claims by In an unpublished order, the Seventh Circuit Court of Appeals reversed the dismissal of an Illinois prisoner's racial discrimination and pepper spray exposure claims. Illinois prisoner Johnnie Flournoy brought suit in federal court asserting several unrelated constitutional violations. The district court dismissed ...
Article • May 15, 2007
Filed under: Furloughs, Medical, Transplants
WA DOC Can Provide Organ Transplants by A Washington Appeals Court has held that a defendant convicted of delivery and possession with intent to deliver cocaine is not entitled to home detention for medical reasons. The defendant had received two liver transplants, and he was still under close observation by ...
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