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Article • May 15, 2025 • from CLN June, 2025
First Circuit Announces What Constitutes ‘Otherwise Using’ a Dangerous Weapon for Purposes of the Four-Level Enhancement Under Guidelines § 2B3.1(a) by Sagi Schwartzberg The United States Court of Appeals for the First Circuit held that the U.S. District Court for the District of Puerto Rico improperly applied the four-level sentencing …
Article • January 21, 2020 • from CLN February, 2020
Illinois Supreme Court: Statute Banning All Sex Offenders on Probation From Accessing or Using Social Networking Websites Facially Unconstitutional by Douglas Ankney by Douglas Ankney At issue in this case is the constitutionality of 730 ILCS 5/5-6-3(a)(8.9), which imposes as a condition of probation on all sex offenders a complete, …
Article • November 18, 2019 • from CLN December, 2019
Filed under: Sentencing, Probation
In Landmark Opinion, Colorado Supreme Court Announces Courts May Not Sentence Defendant to Both Prison and Probation in Multi-Count Cases by Richard Resch by Richard Resch The Supreme Court of Colorado unanimously held that sentencing courts may not impose imprisonment for certain offenses and probation for others when sentencing for …
Article • October 14, 2019 • from CLN November, 2019
Filed under: Probation
Pennsylvania Supreme Court: Probationer Must Violate Specific Condition of Probation or Commit New Crime to Be Found in Violation by Douglas Ankney by Douglas Ankney The Supreme Court of Pennsylvania held that a court must find, based on a preponderance of the evidence, that a probationer violated a specific condition …
Publication • August 1, 2019
CLC, Georgetown Law Civil Rights Clinic Report -- "Can't Pay, Can't Vote.: A National Survey on the Modern Poll Tax," 2019 Can’t Pay, Can’t Vote: A NATIONAL SURVEY ON THE MODERN POLL TAX Table of Contents Executive Summary 4 Introduction 7 Part I: History and Context 13 A. Poll Taxes …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Probation
Missouri Supreme Court Issues Writ of Prohibition Prohibiting Circuit Court From Revoking Probation After Probation Term Had Already Expired by Douglas Ankney by Douglas Ankney On December 11, 2014, the circuit court sentenced Travis Jones to 10 years in prison following his guilty plea to one count of felonious restraint. …
Article • May 16, 2019 • from CLN June, 2019
Filed under: Probation
Tennessee Legislature’s Investigation Finds Inadequate Supervision of Private Probation by Derek Gilna by Derek Gilna A December 2018 report by the Tennessee Comptroller of the Treasury after its audit of the state’s Private Probation Services Council found that it “did not adequately oversee private probation entities, putting probationers at risk.” …
Urban Institute - Next Steps in Federal Corrections Reform, Implementing and Building on the First Step Act, 2019 JUSTICE POLICY CENTER Next Steps in Federal Corrections Reform IMPLEMENTING AND BUILDING ON THE FIRST STEP ACT Julie Samuels, Nancy La Vigne, and Chelsea Thomson May 2019 The topic of federal corrections …
Publication • December 1, 2018
State of Tennessee Comptroller of the Treasury - Private Probation Services Council: Performance Audit Report, 2018 STATE OF TENNESSEE COMPTROLLER OF THE TREASURY PRIVATE PROBATION SERVICES COUNCIL Performance Audit Report December 2018 Justin P. Wilson, Comptroller Division of State Audit DEBORAH V. LOVELESS, CPA, CGFM, CGMA Director KANDI THOMAS, CPA, …
Article • November 6, 2018 • from CLN November, 2018
Nevada Supreme Court Announces Testimony at Probation Revocation Hearing Inadmissible in Later Criminal Proceeding by Dale Chappell by Dale Chappell Announcing a new rule to protect the constitutional rights of criminal defendants who face both probation revocation and new criminal charges, the Nevada Supreme Court held that testimony and evidence …
Washington Supreme Court Strikes Down Pornography Prohibition as Unconstitutionally Vague by Christopher Zoukis by Christopher Zoukis The Supreme Court of Washington held a community custody condition preventing a probationer from possessing or accessing pornography unconstitutionally vague under the First Amendment because the prohibition also extended to works of art, books, …
Publication • September 10, 2018
ACLU Smart Justice Montana - Set Up to Fail - Montana's Probation and Parole System, 2018 Acknowledgments The ACLU of Montana expresses its deepest appreciation to those who contributed their time, expertise, and personal stories to this report. Those most impacted by the inequities and flaws of the probation and …
Article • August 17, 2018 • from CLN September, 2018
Iowa Supreme Court: Relief from Conviction Not Required When Suing for Legal Malpractice Based on Wrongful Sentence by Dale Chappell by Dale Chappell In an issue of first impression in Iowa, the Supreme Court of Iowa held that relief from a wrongful sentence is enough to allow a legal malpractice …
Article • April 19, 2018 • from CLN May, 2018
Filed under: Probation
Kansas Supreme Court Nixes Probation After Full Sentence of Confinement Served by Edward Lyon by Edward B. Lyon The Kansas Supreme Court held that under the Kansas Sentencing Guidelines Act (“KSGA”) probation cannot be imposed after the full sentence of confinement has already been served. James Kinder served as the …
Article • March 16, 2018 • from CLN April, 2018
Kansas Supremes: No Lifetime Post-Release Supervision by Derek Gilna by Derek Gilna The Kansas Supreme Court vacated sentences in which the district court had imposed lifetime post-release supervision on a defendant convicted of attempted first-degree murder, first-degree murder, aggravated assault, and illegal use of a communication facility. The Court held …
Article • February 16, 2018 • from CLN March, 2018
Maine Supreme Court: State Must Provide Evidence to Support Probation Revocation by Dale Chappell by Dale Chappell The State carries the burden of proving that a probationer has violated his probation in order to support a revocation of probation, the Maine Supreme Court held on December 12, 2017. Cory Kibbe …
Article • November 16, 2017 • from CLN December, 2017
Missouri Supreme Court Holds Probation Revocation for Nonpayment of Court Costs Unconstitutional by Mark Wilson by Mark Wilson The Missouri Supreme Court sitting en banc ruled that a sentencing court improperly revoked a defendant’s probation for failing to pay court costs without first inquiring into the reasons for his failure …
Publication • August 30, 2017
Statement on the Future of Community Corrections, 2017 Statement on the Future of Community Corrections Monday, August 28, 2017 Over the past 25 years, community corrections (probation and parole) caseloads have grown exponentially, exceeding 5 million people at their peak, double the number of people in prison and jail in …
Publication • December 30, 2016
Class V Restitution, Work Release, and Community Supervision or Custody Master Agreement, WA DOC and City of Seattle, 2015
Community Cages - Profitizing community corrections and alternatives to incarceration, AFSC, 2016 COMMUNITY CAGES: Profitizing community corrections and alternatives to incarceration e h t f o t r a P l Treatment Indusetriax Compl 2tic #no series AUGUST 2016 COMMUNITY CAGES: Profitizing community corrections and alternatives to incarceration AUGUST 2016 …
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