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SCOTUS Announces Courts May Not Consider § 3553(a)(2)(A)—Retribution—When Deciding Whether to Revoke a Term of Supervised Release by Richard Resch The Supreme Court of the United States held that U.S. District Courts may not consider 18 U.S.C. § 3553(a)(2)(A), retribution vis-à-vis defendant’s underlying criminal offense, when determining whether to revoke a …
Maryland Reforms Offer Second Chances on Expungement and Parole by Jo Ellen Nott by Jo Ellen Nott Maryland Governor Wes Moore signed a suite of reform bills into law on April 22, 2025, marking a victory for incarcerated individuals, the formerly incarcerated, and advocates who have worked tirelessly for these …
Arkansas Supreme Court Rules § 16-93-609(b)(2)(B), Relating to Parole Eligibility for Residential Burglary Conviction, Applies Retroactively to Defendant by Sagi Schwartzberg by Sagi Schwartzberg The Supreme Court of Arkansas, in two companion cases, held that there was no designation in Appellant’s sentencing order to § 16-93-609 of the Arkansas Code Annotated …
California Court of Appeal Announces Equal Protection Entitles Youth Offenders Convicted of Special Circumstances Murder Predicated on Robbery or Burglary to Franklin and Parole Hearings Under Cal. Penal Code § 3051 by Sam Rutherford by Sam Rutherford The Court of Appeal of California, District 1, held that Cal. Penal Code …
The Murky Waters of Parole by David Reutter by David M. Reutter In most states, the grant of parole is an act of grace. The systems of parole vary amongst the states, but one thing is certain—prisoners have high hopes when they come under review. Another certainty, at least in …
Article • December 15, 2024 • from CLN January, 2025
Seventh Circuit Announces Maximum Revocation Sentence for Violation of Supervised Release Based on Classification of Underlying Offense at Time of Conviction, Not at Time of Revocation by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Seventh Circuit held that the maximum sentence a defendant may receive …
Article • December 1, 2024 • from CLN December, 2024
Parole Rate Plummets in South Carolina by Matthew Clarke by Matt Clarke Between 2018 and 2024, the parole rate in South Carolina dropped from around 40% to just 5%, an 80% decline. South Carolina is not alone in experiencing dramatic reductions in the rate at which prisoners are released from …
The Rise of Mass Supervision: From Rehabilitative Alternative to Shadow Carceral State by Casey Bastian by Casey J. Bastian Nationwide, on any given day, more people are on probation than in prisons and jails and on parole combined. —The Pew Institute The concept of probation began with one Massachusetts man …
Article • October 1, 2024 • from CLN October, 2024
Texas Court of Criminal Appeals: Trial Court Violated Defendant’s ‘Due Process’ Right to Be Present During Zoom Probation Revocation Hearing by Muting Him by Sam Rutherford by Sam Rutherford The Court of Criminal Appeals of Texas, that state’s highest court of review in criminal cases, held that a trial court …
Demonstrable Remorse, Psychiatric Diagnoses, and Alternatives to Incarceration by Casey Bastian by Casey J. Bastian Probation officials play a critical role in the criminal justice process. These officials create pre-­sentencing reports containing both legal and extralegal information about the offender. This information is used to fashion sentencing recommendations. One factor …
Colorado Supreme Court Announces Parole Board Not Statutorily Required to Consider ‘Demonstrated Maturity and Rehabilitation’ When Deciding Whether to Release Sex Offenders Who Received Adult Sentences for Crimes Committed as Juveniles by Sam Rutherford by Sam Rutherford   In a case of first impression, the Supreme Court of Colorado held …
New Data From BOP Reveals Technical Violations Account for Nearly a Third of First Step Act Recidivism by Jo Ellen Nott by Jo Ellen Nott The Council on Criminal Justice (“CCJ”) released a December 2023 update to its original report (August 2023) on the impact of the First Step Act …
Washington Supreme Court: Nonexceptional Consecutive Terms of ‘Community Custody’ May Not Exceed Aggregate Term of 24 Months by Sam Rutherford by Sam Rutherford TheSupreme Court of Washington held that the terms “community custody” and “community supervision” are synonymous within the meaning of the second sentence of RCW 9.94A.589(5) for offenses …
Electronic Monitoring: An Alternative to Incarceration or a Troubling Extension of Punishment? by David Reutter by David M. Reutter It is often said that life imitates art. When it comes to electronic monitoring (“EM”), your friendly, neighborhood Spiderman was a major influence for the idea to use an electronic device …
‘Trail ’Em, Nail ’Em, and Jail ’Em’: Issues Private Probation and Parole by Jo Ellen Nott by Jo Ellen Nott Vince Schiraldi talks private probation and parole in his new book Mass Supervision: Probation, Parole, and the Illusion of Safety and Freedom. When Schiraldi was selected to run the troubled …
Ninth Circuit Announces District Courts Must Either Orally Pronounce All Discretionary ‘Standard’ Conditions of Supervised Release in the Presence of Defendant or Provide Conditions in Writing Prior to Sentencing by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit, sitting en banc, held that U.S. …
The Problem with Some Non-Carceral Punishments by Carlo Difundo by Carlos Difundo By 2007, the incarceration rate in the U.S. had skyrocketed to about 767 per 100,000 people. That statistic leads the free world and compares unfavorably with Russia’s 450 to 600 per 100,000 people. Many people see the problem …
Fifth Circuit Announces Revocation Judgments for Violation of Supervised Release Vacated Because Underlying Sentence Vacated by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Fifth Circuit held that a defendant’s revocation sentences were nullified after the underlying sentence of which they were a part was …
Publication • February 1, 2024
An Overview of Intermittent Confinement and Weekend Incarceration in the US-Feb 2024 Electronic copy available at: https://ssrn.com/abstract=4723504 0 THE OHIO STATE UNIVERSITY MORITZ COLLEGE OF LAW DRUG ENFORCEMENT AND POLICY CENTER An Overview of Intermittent Confinement and Weekend Incarceration in the U.S. Pete Leasure, Douglas A. Berman, and Jana Hrdinová …
Article • January 15, 2024 • from CLN January, 2024
Eleventh Circuit Announces Supervised Release Term Not Tolled When Defendant Absconds, Deepening Circuit Split by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Eleventh Circuit held that, when a defendant has absconded while on supervised release, the clock on their period of supervision continues to …
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