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Article • September 16, 2019 • from CLN October, 2019
SCOTUS Declares Portion of Federal Supervised Release Statute Unconstitutional by Dale Chappell by Dale Chappell A sharply divided Supreme Court of the United States narrowly held on June 26, 2019, that the revocation provision of the federal sex offender supervised release statute is unconstitutional because it violates the right to …
Article • August 21, 2019 • from CLN September, 2019
Seventh Circuit Rules Failure to Issue Summons or Warrant Means Supervised Release Not Tolled While Merely in Custody by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Seventh Circuit ruled that, where a defendant is detained prior to the expiration of his supervised release, he must …
Article • August 20, 2019 • from CLN September, 2019
BOP Finally Implements First Step Act, Officially Releases 3,100 Prisoners Under ‘Good Conduct Time’ by Dale Chappell by Dale Chappell The long-awaited extra seven days of good conduct time (“GCT”) is finally being applied by the Bureau of Prisons (“BOP”), which will result in the official release of 3,100 prisoners …
Article • July 16, 2019 • from CLN August, 2019
From the Editor: Compassionate Release for Extraordinary and Compelling Reasons by Richard Resch by Richard Resch As our regular readers know, there has been a relative flurry of activity recently involving the Compassionate Release Statute, 18 U.S.C. § 3582(c)(1)(A), the First Step Act of 2018, S. 3747, 115th Cong., and …
Article • May 15, 2019 • from CLN June, 2019
Pennsylvania Governor Signs Into Law New Bills to Help Convicts, Extends Postconviction Filing Time Limits by Pennsylvania Governor Tom Wolf signed into law in October 2018 three new provisions that will help convicts. Calling it “commonsense legislation,” Wolf said he intended to promote “smart sentencing reform” by approving the bipartisan …
Eighth Circuit Vacates Supervised Release Conditions Prohibiting Alcohol Consumption and Setting Curfew Not Contained in Plea Agreement by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Eighth Circuit reversed and vacated a federal prisoner’s special conditions of supervised release prohibiting the consumption of alcohol and setting …
Article • April 12, 2019 • from CLN May, 2019
Ninth Circuit Vacates a Sentence Imposed for Violation of Supervised Release Because the District Court Failed to Disclose to the Defendant the Probation Officer’s Confidential Sentencing Recommendations by In Gray, the Ninth Circuit held that Fed.R.Crim.P. 32 requires a sentencing court to disclose to a defendant all factual evidence on …
Article • March 16, 2019 • from CLN April, 2019
San Francisco Embraces New Technology to Clear Pot Convictions by Several pot-related crimes went up in smoke when California voters approved Proposition 64 marijuana reforms in 2016—and all retroactively. However, a lack of resources in many district attorney offices to review decades’ worth of criminal cases eligible under the new …
Taylor v. County of Pima, AZ, Amicus Brief, Post-Incarceration Rights, 2019 No. 17-16980 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ___________________________ LOUIS TAYLOR, A SINGLE MAN, Plaintiff-Appellee, v. COUNTY OF PIMA, A BODY POLITIC, AND THE CITY OF TUCSON, A BODY POLITIC, Defendants-Appellants. ___________________________ Appeal from …
National Consumer Law Center - Commercialized (In)Justice - Consumer Abuses in the Bail And Corrections Industry, 2019 COMMERCIALIZED (IN)JUSTICE CONSUMER ABUSES IN THE BAIL AND CORRECTIONS INDUSTRY NCLC® March 2019 NATIONAL CONSUMER LAW CENTER ® © Copyright 2019, National Consumer Law Center, Inc. All rights reserved. ABOUT THE AUTHOR Brian …
State of Hawai’i HCR 85 Task Force on Prison Reform - Creating Better Outcomes, Safer Communities, 2018 Creating Better Outcomes, Safer Communities Final Report of the House Concurrent Resolution 85 Task Force on Prison Reform to the Hawai‘i Legislature 2019 Regular Session Prepared by the HCR 85 TASK FORCE with …
Article • December 28, 2018 • from CLN January, 2019
Seventh Circuit Vacates Conditions of Supervised Release Following Child Pornography Conviction by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Seventh Circuit vacated three of the four conditions of supervised release (“CSR”) challenged by a man who had been convicted of possessing child pornography. Joseph Canfield …
Article • December 5, 2018 • from CLN December, 2018
Fourth Circuit Affirms District Court Ruling that Man Committed as ‘Sexually Dangerous’ Should be Released by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the Fourth Circuit affirmed a lower court’s ruling that a man civilly committed under the Adam Walsh Child Protection and Safety Act of …
First Circuit Vacates Supervised Release Condition Effectively Prohibiting Contact with His Minor Children by Matthew Clarke by Matt Clarke On June 20, 2018, the U.S. Court of Appeals for the First Circuit held that a condition of supervised release prohibiting contact with minors without pre-approval from a probation officer in …
Article • October 31, 2018 • from CLN November, 2018
Will Groundbreaking California Bail Reform Help or Hinder Defendants’ Likelihood of Pre-Trial Release? by Betty Nelander by Betty Nelander Gov. Jerry Brown hailed a sweeping cash bail elimination law in California as landmark, years-in-the-making legislation to fairly treat “rich and poor alike.” Whether it will keep more people out of …
Article • August 17, 2018 • from CLN September, 2018
Immigration Authorities Seize Wrongfully Convicted Man After Release by Matthew Clarke by Matt Clarke March 2018 should have been the happiest month of his life. After over two decades of wrongful imprisonment, the Cook County State’s Attorney agreed to drop murder charges against Illinois state prisoner Ricardo Rodriguez. He should …
Article • August 17, 2018 • from CLN September, 2018
New Mexico Supreme Court: Seriousness of Charged Crime Itself Not Sufficient to Deny Defendant Pretrial Release by Dale Chappell by Dale Chappell A court must not automatically consider any single factor to be dispositive when deciding whether to deny or grant pretrial release, but must consider several factors on the …
Publication • August 1, 2018
Parole Preparation Project, New York State Parole Board: Failures in Staffing and Performance, 2018 New York State Parole Board: Failures A Report and in by the Staffing and Performance Parole Preparation Project The Release Aging People in Prison Campaign AUGUST 2018 New York State Parole Board: Failures in A Report …
Article • July 21, 2018 • from CLN August, 2018
New Mexico Supreme Court: Seriousness of Charged Crime Itself Not Sufficient to Deny Defendant Pretrial Release by Dale Chappell by Dale Chappell A court must not automatically consider any single factor to be dispositive when deciding whether to deny or grant pretrial release, but must consider several factors on the …
Article • July 20, 2018 • from CLN August, 2018
Ninth Circuit Rules Weekends in Jail Count as Time ‘In Prison’ by Dale Chappell by Dale Chappell Weekends in jail count as time “in prison,” the U.S. Court of Appeals for the Ninth Circuit held, granting immediate release for a prisoner serving a supervised release revocation term in prison. When …
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