Q&A: Prisoner and Parolee Rights

Size: px
Start display at page:

Download "Q&A: Prisoner and Parolee Rights"

Transcription

1 Question 1: Regarding the First Amendment rights of prisoners, are they allowed to practice a religion or associate with other inmates? Answer 1: All of the rights that are enumerated in the U.S. Constitution apply equally to each citizen. These rights, however, are not without exception. For example, the Fourth Amendment states that people are secure in their person, property, and papers. The exception to this is that with probable cause and due process, an individual's security may be infringed upon. The First Amendment cites the freedom of speech; however, there are restrictions on that right, such as the famous example of shouting "fire" in a crowded theater. Prisoners, therefore, have certain impositions placed upon many of their rights. No one would argue that prisoners should have the right to carry a firearm. Other restrictions apply, such as what materials may be received via mail or how often to allow visitors. Worship (religious) opportunities are provided to most inmates, and as many concessions as possible are made for religions that are practiced by a small number of inmates. The freedom to associate with others is one of the rights that is severely restricted in prison. In a "Supermax" prison, or super maximum security, inmates are in solitary confinement for 23 hours a day and are given one hour of solo recreation per day. They are not permitted to associate with anyone. Restrictions on freedoms are one of the most difficult decisions our society can make. In corrections, many of those freedoms are restrained mostly for the needs of running a secure and safe prison. Question 2: Do prisoners have privacy rights in prison? Answer 2: This is one of the areas where prisoners forego virtually any claim on a constitutional right. There are virtually no areas of privacy in a prison. Prisoners are housed in a community environment (cell blocks, common showers, etc.), and with the exception of conversations had with visitors, all conversations are overheard by someone. In the prisons, there is limited access to items that cannot be purchased in the prison store or commissary. Therefore, any other items are considered contraband, and there is no requirement to obtain a search warrant for a prisoner s cell. Anything that a prisoner has, or has access to, can be seized 1

2 or searched at any time. Question 3: What rights do probationers or parolees have while on probation/parole? Answer 3: The constitutional rights of probationers/parolees are less constrained than those of prison inmates. When convicted of a felony, a released inmate does not recover the right to possess a firearm or the right to vote. In most places, the probationer/parolee can ask for restoration of these rights. Other than those two examples of a permanently relinquished right, a probationer/parolee is only prevented from certain rights if those restrictions are included in the conditions of release. For example, a probationer/parolee is usually restricted from associating with other convicts. This is intended to prevent the probationer/parolee from falling in with his/her previous crowd, which may be those who would have a negative influence on any rehabilitation. There are several other prominent restrictions placed upon probationers/parolees. In the event of a sexual crime, the current address must be reported to local law enforcement. Other conditions for probation/parole may include restrictions on leaving the state, restrictions on who may reside with the probationer/parolee, locations that cannot be used for employment (e.g., nightclubs or places that serve alcohol). Question 4: What kind of liability do corrections officer incur? Answer 4: Corrections officers are liable for their behavior in the same manner as police officers on the street, but the violations are somewhat different because of the difference in environment. Inside the prison, the rights that prisoners have and the rules that corrections officers must follow are in many instances different from police officers. On the street, police officers must follow the laws regarding search and seizures. A home may only be searched, and property seized, if there is a proper warrant issued for the search. Corrections officers are not so constrained within the prison. The use of force is always an issue. Corrections officers must use the same continuum of force (force reasonable to the threat) when dealing with 2

3 inmates as police officers use to make arrests. When there is a violation of a constitutional right, the prisoner has access to the court system to file those complaints. If there is a situation that calls for a civil trial, such as in the case of a physical injury due to excessive force, then the inmate can also sue for damages. Question 5: What kinds of rules must corrections officers follow? Answer 5: Each prison system, and each prison, establishes its own operating procedures. Much like a police department, these rules and regulations are enforced for the good of all parties. The rules are largely determined by legal precedent, much as the operating regulations that govern police conduct. If there are violations of agency rules, then a disciplinary procedure will call for an investigation. A review board of other corrections officers and/or command officers will also be involved, depending on the system. They will review the facts and recommend disciplinary action against the officer if it is warranted. These internal actions are distinctly separate from any legal recourse the prisoner might possess. Question 6: What level of access do prisoners have to attorneys and the courts? Answer 6: Prisoners have the same access rights as do all citizens. They can file lawsuits and make claims through the legal process. Their physical access to attorneys is limited as the lawyers obviously must go to the prison to discuss cases with their clients. The Constitution guarantees legal representation for all who are charged with an offense, and if the person cannot afford an attorney, then one is provided by the state. This only applies to the criminal charge for which they are on trial. Once a person is found guilty and incarcerated, the attorney does not represent the inmate except for hearings or other matters that relate to the original charge. The attorney has no responsibility to represent the prisoner for any other matter. Suppose an inmate wants to file an excessive force lawsuit against the prison system. The inmate must find an attorney and pay for the services like any other citizen. There is no permanent provision for free legal assistance. 3

4 Question 7: How do parole boards work? Answer 7: Parole boards are bodies that meet to determine which inmates are eligible to be released from prison before the full sentence of incarceration has been served. At the state level, these persons are normally appointed by the governor of the state. They meet on a regular basis and review the files of each inmate who is eligible for parole. They make a determination based on various factors as to whether the inmate deserves a release or should remain in custody. There is no right to parole. Parole is a privilege gained by the inmate for good behavior, positive change, and for making efforts to make him/herself a better citizen. Completed therapies, a good work ethic, good behavior, and positive attitudes all play into the chances for an inmate to be released. Once a decision has been made to release an inmate, the inmate is assigned a parole officer and given the conditions of his/her release. Question 8: Are prisoners released to the custody of probation/parole officers, or are they released totally free? Answer 8: Prisoners are not released to the custody of the parole officer, but they are assigned to meet with an officer on a regular basis. In many jurisdictions, the released inmate is released to a halfway house. This is a place where the inmate can begin the transition from prison to a normal life. These houses are established to give the former inmate a residence while he/she seeks employment, and he/she generally becomes acclimated to freedom. In instances where someone has been in prison for 15 years, the changes are overwhelming. Imagine going to prison in 1990 and being released today to see the changes since you have been incarcerated: the Internet, cell phone technology, satellite radio, Mp3 players, big screen and portable televisions, debit cards, and many things that we take for granted as being normal. These halfway houses allow the inmate to become accustomed to these changes before being completely freed. There are conditions for a former inmate remaining in a halfway house. There are curfews, expectations of drug and alcohol-free environments, the active search for employment, and participating in the needs of the house such as house cleaning and yard work. Should these conditions not be met, then the person will be evicted and could be returned to prison if he/she is 4

5 uncooperative. Question 9: Following probation, what happens to the inmates who are released? Answer 9: The inmates again become normal citizens to the extent that a person with a criminal record can rejoin society. Employment offers are few, and there will rarely be opportunities for a released inmate to prosper. It can happen, but the road has become substantially more difficult. After probation, there is no requirement to report to a probation/parole officer, take drug tests, report the residence, or any of the conditions that were required while in the program. The newly released person has "paid his/her debt" and can again make his/her own decisions. The problem obtaining employment could be one of the main factors in the high recidivism rate. If someone has all of his/her needs met in prison and life as a free person means being homeless and hungry, then prison does not always seem to be the worst thing that could happen. There are those who have testified that they could not deal with life outside, so they committed another crime to go back to prison. The actual thought process may not be as incredibly prevalent; however, the fact is that a high number of people who have served prison sentences and successfully complete all the required programs return to prison within a very short time frame. Question 10: When are electronic monitoring methods used? Answer 10: Electronic monitoring methods, such as ankle bracelets, are used for home confinement. These methods are an alternative to incarceration and provide many benefits to both the offender and to the corrections system. First, home confinement provides an inexpensive option to the system that allows the offender s freedom to be restricted, yet it does not require staffing of a prison and the various services of a facility. Second, it provides a technologically advanced method to assure confinement that has the confidence of the public. For the offender, it provides a relief from prison confinement, and in many instances, it allows the offender to remain employed, which eases the burden on the social services of the government. Initially, electronic monitoring consisted of an ankle bracelet that sounded an 5

6 alarm when it was outside the range of a transmitter, generally located in the subject s home. If the offender left his/her own yard, for example, the alarm would sound at a monitoring station. Technology has advanced monitoring so GPSs, or global positioning systems, can be used to track the offender in real time to the exact location. In the case of a sex offender, it is immediately known where he/she is located, and to find out the location takes a simple phone call. 6

LAWS OF CORRECTION & CUSTODY ALABAMA PEACE OFFICERS STANDARDS & TRAINING COMMISSION

LAWS OF CORRECTION & CUSTODY ALABAMA PEACE OFFICERS STANDARDS & TRAINING COMMISSION LAWS OF CORRECTION & CUSTODY ALABAMA PEACE OFFICERS STANDARDS & TRAINING COMMISSION LESSON OBJECTIVES Understand basic jail procedures and the booking process Know prisoners constitutional rights Understand

More information

Assembly Bill No. 25 Committee on Corrections, Parole, and Probation

Assembly Bill No. 25 Committee on Corrections, Parole, and Probation Assembly Bill No. 25 Committee on Corrections, Parole, and Probation CHAPTER... AN ACT relating to criminal offenders; revising provisions relating to certain allowable deductions from the period of probation

More information

MISSISSIPPI LEGISLATURE REGULAR SESSION 2018

MISSISSIPPI LEGISLATURE REGULAR SESSION 2018 MISSISSIPPI LEGISLATURE REGULAR SESSION 2018 By: Representative DeLano To: Corrections HOUSE BILL NO. 232 1 AN ACT TO REQUIRE THAT AN INMATE BE GIVEN NOTIFICATION OF 2 CERTAIN TERMS UPON HIS OR HER RELEASE

More information

MISSISSIPPI LEGISLATURE REGULAR SESSION 2017

MISSISSIPPI LEGISLATURE REGULAR SESSION 2017 MISSISSIPPI LEGISLATURE REGULAR SESSION 2017 By: Representative DeLano To: Corrections HOUSE BILL NO. 35 1 AN ACT TO REQUIRE THAT AN INMATE BE GIVEN NOTIFICATION OF 2 CERTAIN TERMS UPON HIS OR HER RELEASE

More information

Frequently Asked Questions (FAQs) about Expungements and Pardons in South Carolina Courts

Frequently Asked Questions (FAQs) about Expungements and Pardons in South Carolina Courts Frequently Asked Questions (FAQs) about Expungements and Pardons in South Carolina Courts WARNING: You are strongly encouraged to seek the advice of an attorney in any legal matter. If you move forward

More information

HOUSE BILL NO. HB0094. Sponsored by: Joint Judiciary Interim Committee A BILL. for. AN ACT relating to criminal justice; amending provisions

HOUSE BILL NO. HB0094. Sponsored by: Joint Judiciary Interim Committee A BILL. for. AN ACT relating to criminal justice; amending provisions 0 STATE OF WYOMING LSO-0 HOUSE BILL NO. HB00 Criminal justice reform. Sponsored by: Joint Judiciary Interim Committee A BILL for AN ACT relating to criminal justice; amending provisions relating to sentencing,

More information

Overcrowding Alternatives

Overcrowding Alternatives Introduction On August 2, 1988, as a result of a lawsuit concerning jail overcrowding at the Santa Barbara County Main Jail, the Superior Court of the State of California for the issued a Court Order authorizing

More information

Assembly Bill No. 510 Select Committee on Corrections, Parole, and Probation

Assembly Bill No. 510 Select Committee on Corrections, Parole, and Probation Assembly Bill No. 510 Select Committee on Corrections, Parole, and Probation CHAPTER... AN ACT relating to offenders; revising provisions relating to the residential confinement of certain offenders; authorizing

More information

Criminal Justice A Brief Introduction

Criminal Justice A Brief Introduction Criminal Justice A Brief Introduction ELEVENTH EDITION CHAPTER 10 Probation, Parole, and Community Corrections What is Probation? Community corrections The use of a variety of officially ordered program-based

More information

VISITOR S GUIDE 485 Rio Grande Place Aspen, CO

VISITOR S GUIDE 485 Rio Grande Place Aspen, CO If you have any questions that have not been answered here, please call the jail at (970)-920-5331 and we will help you. You can also access our website at: www.pitkincounty.com VISITOR S GUIDE 485 Rio

More information

Florida Senate SB 880

Florida Senate SB 880 By Senator Ring 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 A bill to be entitled An act relating to offender reentry programs; creating s. 397.755, F.S.; directing the

More information

COUNTY OF OTTAWA CIRCUIT COURT PROBATION AND PAROLE 2012 YEAR END REPORT

COUNTY OF OTTAWA CIRCUIT COURT PROBATION AND PAROLE 2012 YEAR END REPORT COUNTY OF OTTAWA CIRCUIT COURT PROBATION AND PAROLE 2012 YEAR END REPORT Administrative Offices: Grand Haven, Holland, Hudsonville I. GENERAL INFORMATION The Circuit Court Probation and Parole Department

More information

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 2 HOUSE BILL 369 Committee Substitute Favorable 4/11/17

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 2 HOUSE BILL 369 Committee Substitute Favorable 4/11/17 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 01 H HOUSE BILL Committee Substitute Favorable //1 Short Title: Community Corrections and Probations. (Public) Sponsors: Referred to: March 1, 01 1 1 1 1 1 1

More information

Sentencing and the Correctional System. Chapter 11

Sentencing and the Correctional System. Chapter 11 Sentencing and the Correctional System Chapter 11 1 Once a person has been found guilty of committing a crime, the judge imposes a sentence, or punishment. Generally, the goals of sentencing are to punish

More information

COUNTY OF OTTAWA CIRCUIT COURT PROBATION AND PAROLE 2016 YEAR END REPORT. Administrative Offices: Grand Haven, Holland, Hudsonville

COUNTY OF OTTAWA CIRCUIT COURT PROBATION AND PAROLE 2016 YEAR END REPORT. Administrative Offices: Grand Haven, Holland, Hudsonville COUNTY OF OTTAWA CIRCUIT COURT PROBATION AND PAROLE 2016 YEAR END REPORT Administrative Offices: Grand Haven, Holland, Hudsonville I. GENERAL INFORMATION The Circuit Court Probation and Parole Department

More information

Conditions of probation; evaluation and treatment; fees; effect of failure to abide by conditions; modification.

Conditions of probation; evaluation and treatment; fees; effect of failure to abide by conditions; modification. OREGON REVISED STATUTES (as amended 2011) TITLE 14 PROCEDURE IN CRIMINAL MATTERS GENERALLY Chapter 137 - Judgment and Execution; Parole and Probation by the Court PROBATION AND PAROLE BY COMMITTING MAGISTRATE

More information

the following definitions shall apply:

the following definitions shall apply: ACTION: Original DATE: 04/30/2013 11:08 AM 5120-12-01 Establishment of a transitional control program and minimum criteria defining eligibility. (A) Section 2967.26 of the Revised Code permits the adult

More information

EL DORADO COUNTY PROBATION DEPARTMENT

EL DORADO COUNTY PROBATION DEPARTMENT EL DORADO COUNTY VOLUNTARY ELECTRONIC MONITORING PROGRAM Application Packet DATE: NAME: DATE OF BIRTH: CASE NUMBER: THE ITEMS LISTED BELOW ARE REQUIRED AND MUST BE RETURNED WITH THE APPLICATION BEFORE

More information

NC General Statutes - Chapter 15A Article 85 1

NC General Statutes - Chapter 15A Article 85 1 Article 85. Parole. 15A-1370.1. Applicability of Article 85. This Article is applicable to all prisoners serving sentences of imprisonment for convictions of impaired driving under G.S. 20-138.1. This

More information

I. AUTHORITY: TCA , TCA , TCA , TCA , and TCA

I. AUTHORITY: TCA , TCA , TCA , TCA , and TCA ADMINISTRATIVE POLICIES AND PROCEDURES State of Tennessee Department of Correction Approved by: Derrick D. Schofield Index #: 502.02 Page 1 of 7 Effective Date: June 1, 2012 Distribution: B Supersedes:

More information

REVISOR XX/BR

REVISOR XX/BR 1.1 A bill for an act 1.2 relating to public safety; eliminating stays of adjudication and stays of imposition 1.3 in criminal sexual conduct cases; requiring sex offenders to serve lifetime 1.4 conditional

More information

WHAT YOU NEED TO KNOW

WHAT YOU NEED TO KNOW PROBATION IN NEBRASKA WHAT YOU NEED TO KNOW If you are convicted of a criminal offense in the State of Nebraska you may be sentenced to serve a period of time on probation in addition to, or in lieu of,

More information

Action Request. SUMMARY OF REQUEST: In accordance with 2011 Rules of the Ottawa County Board of Commissioners:

Action Request. SUMMARY OF REQUEST: In accordance with 2011 Rules of the Ottawa County Board of Commissioners: Action Request Committee: Board of Commissioners Meeting Date: 6/14/2011 Requesting Department: 20 th Circuit Court Probation/Parole Submitted By: Keith Van Beek Agenda Item: Ottawa County 20th Circuit

More information

Department of Corrections

Department of Corrections Agency 44 Department of Corrections Articles 44-5. INMATE MANAGEMENT. 44-6. GOOD TIME CREDITS AND SENTENCE COMPUTATION. 44-9. PAROLE, POSTRELEASE SUPERVISION, AND HOUSE ARREST. 44-11. COMMUNITY CORRECTIONS.

More information

Post-Conviction Advocacy: Supporting Clients and Patients Under Community Incarceration

Post-Conviction Advocacy: Supporting Clients and Patients Under Community Incarceration Post-Conviction Advocacy: Supporting Clients and Patients Under Community Incarceration REBEKAH C OLEMAN, L MSW ALLISON BERGER, LMSW THE LEGAL AID SOCIETY POST-CONVICTION AND FORENSIC LITIGATION UNIT 199

More information

As Introduced. 132nd General Assembly Regular Session S. B. No

As Introduced. 132nd General Assembly Regular Session S. B. No 132nd General Assembly Regular Session S. B. No. 202 2017-2018 Senators Bacon, O'Brien Cosponsors: Senators Kunze, Gardner, Manning, Hoagland, Lehner A B I L L To amend sections 2967.14, 5120.021, 5120.113,

More information

Missouri Legislative Academy

Missouri Legislative Academy Missouri Legislative Academy New Approaches to Incarceration in Missouri Sarah Morrow Report 5-2004 February 2004 The Missouri Legislative Academy is sponsored by the University of Missouri as a public

More information

JUDICIARY AND JUDICIAL PROCEDURE (42 PA.C.S.) AND LAW AND JUSTICE (44 PA.C.S.) - OMNIBUS AMENDMENTS 25, 2008, P.L.

JUDICIARY AND JUDICIAL PROCEDURE (42 PA.C.S.) AND LAW AND JUSTICE (44 PA.C.S.) - OMNIBUS AMENDMENTS 25, 2008, P.L. JUDICIARY AND JUDICIAL PROCEDURE (42 PA.C.S.) AND LAW AND JUSTICE (44 PA.C.S.) - OMNIBUS AMENDMENTS Act of Sep. 25, 2008, P.L. 1026, No. 81 Cl. 42 Session of 2008 No. 2008-81 HB 4 AN ACT Amending Titles

More information

Sentencing, Corrections, Prisons, and Jails

Sentencing, Corrections, Prisons, and Jails 26 Sentencing, Corrections, Prisons, and Jails This chapter summarizes legislation enacted by the General Assembly in 2007 affecting the sentencing of persons convicted of crimes, the state Department

More information

LESSON 14. Early Release YOUR GUIDE TO PREPARING FOR PRISON AND BEYOND

LESSON 14. Early Release YOUR GUIDE TO PREPARING FOR PRISON AND BEYOND LESSON 14 Early Release YOUR GUIDE TO PREPARING FOR PRISON AND BEYOND #14 Early Release As repeated throughout each of our lessons, at Prison Professor, we encourage our clients to focus on the best possible

More information

Chester County Swift Alternative Violation Enforcement Supervision SAVE

Chester County Swift Alternative Violation Enforcement Supervision SAVE Chester County Swift Alternative Violation Enforcement Supervision SAVE A Swift, Certain and Fair Sanctions Program 2015 Rev. Jan. 2017 HISTORY In response to what he saw as uncertain probation violation

More information

SENATE BILL NO. 34 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FIRST LEGISLATURE - FIRST SESSION A BILL FOR AN ACT ENTITLED

SENATE BILL NO. 34 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FIRST LEGISLATURE - FIRST SESSION A BILL FOR AN ACT ENTITLED SENATE BILL NO. IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FIRST LEGISLATURE - FIRST SESSION BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR Introduced: // Referred: State Affairs, Finance

More information

PAROLE AND PROBATION VIOLATIONS

PAROLE AND PROBATION VIOLATIONS DESCHUTES COUNTY ADULT JAIL CD-5-15 L. Shane Nelson, Sheriff Jail Operations Approved by: February 21, 2018 POLICY. PAROLE AND PROBATION VIOLATIONS The Deschutes County Sheriff s Office Adult Jail (AJ)

More information

Case 1:14-cr SS Document 50 Filed 06/17/15 Page 1 of 7. UNITED STATES DISTRICT COURI Western District of Texas AUSTIN DIVISION

Case 1:14-cr SS Document 50 Filed 06/17/15 Page 1 of 7. UNITED STATES DISTRICT COURI Western District of Texas AUSTIN DIVISION AO 24E1 B (Rev. O/O5)(W.D.T.) - Judgment in a Criminal Case UNITED STATES OF AMERICA Case 1:14-cr-00213-SS Document 50 Filed 06/17/15 Page 1 of 7 UNITED STATES DISTRICT COURI Western District of Texas

More information

Criminal Justice in America CJ Chapter 12 James J. Drylie, Ph.D.

Criminal Justice in America CJ Chapter 12 James J. Drylie, Ph.D. Criminal Justice in America CJ 2600 Chapter 12 James J. Drylie, Ph.D. Community Corrections A number of cases do not result in a jail or prison term. A variety of initiatives allow for the guilty offenders

More information

Corrections Division Policy and Procedure Manual Mendocino County Sheriff's Office

Corrections Division Policy and Procedure Manual Mendocino County Sheriff's Office Corrections Division 1802.00 Index: 07/28/04 Home Detention Program Revised: 10/2004 Reviewed: 05/08 Revised: 01/2009 Revised: 7-1-2009 HOME DETENTION PROGRAM I. Purpose: A. To provide a program to minimum-security

More information

Arkansas Current Incarceration Crisis

Arkansas Current Incarceration Crisis In the wake of Act 570 (2011) both crime and incarceration had been on the decline in Arkansas. However, Arkansas has led the nation in increase of incarceration from 2013-2015 and has set record highs

More information

LAWS RELATING TO LIFETIME SUPERVISION

LAWS RELATING TO LIFETIME SUPERVISION LAWS RELATING TO LIFETIME SUPERVISION NRS 176.0931 Special sentence for sex offenders; petition for release from lifetime supervision. 1. If a defendant is convicted of a sexual offense, the court shall

More information

2/21/2011 AMERICAN CORRECTIONS 9 TH EDITION. Three elements:

2/21/2011 AMERICAN CORRECTIONS 9 TH EDITION. Three elements: AMERICAN CORRECTIONS 9 TH EDITION Chapter Four The Punishment of Offenders Learning Objectives 1. Understand the goals of punishment. 2. Be familiar with the different forms of the criminal sanction. 3.

More information

Application for the Northampton County Treatment Continuum Alternative to Prison (TCAP)

Application for the Northampton County Treatment Continuum Alternative to Prison (TCAP) Application for the Northampton County Treatment Continuum Alternative to Prison (TCAP) 6 South 3 rd Street, Suite 403, Easton, PA 18042 Phone: (610) 923-0394 ext 104 Fax: (610) 923-0397 lcollins@lvintake.org

More information

Certificates of Rehabilitation in Fresno County Filing Instructions

Certificates of Rehabilitation in Fresno County Filing Instructions Certificates of Rehabilitation in Fresno County Filing Instructions 1. You must be a resident of Fresno County to file a certificate of rehabilitation in Fresno County. However, the offense may have occurred

More information

Notification to the Judiciary

Notification to the Judiciary RULES AND REGULATIONS ADOPTED BY THE OFFICE OF THE SECRETARY OF STATE IN CONNECTION WITH THE RHODE ISLAND RESTORATION OF VOTING RIGHTS ACT OF 2006 (RIRVRA) PURSUANT TO TITLE 17,CHAPTER 9.2 OF THE GENERAL

More information

Legal Definitions: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z A

Legal Definitions: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z A Legal Definitions: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z A Acquittal a decision of not guilty. Advisement a court hearing held before a judge to inform the defendant about the charges against

More information

Introduction to Sentencing and Corrections

Introduction to Sentencing and Corrections Introduction to Sentencing and Corrections Traditional Objectives of Sentencing retribution, segregation, rehabilitation, and deterrence. Political Perspectives on Sentencing Left Left Wing Wing focus

More information

PROPOSED AMENDMENTS TO HOUSE BILL 3078

PROPOSED AMENDMENTS TO HOUSE BILL 3078 HB 0- (LC 1) // (JLM/ps) Requested by Representative KOTEK PROPOSED AMENDMENTS TO HOUSE BILL 0 1 On page 1 of the printed bill, line, after the semicolon delete the rest of the line and delete line and

More information

5B1.1 GUIDELINES MANUAL November 1, 2015

5B1.1 GUIDELINES MANUAL November 1, 2015 5B1.1 GUIDELINES MANUAL November 1, 2015 PART B - PROBATION Introductory Commentary The Comprehensive Crime Control Act of 1984 makes probation a sentence in and of itself. 18 U.S.C. 3561. Probation may

More information

PRISON REFORM AND REDEMPTION ACT 115 TH CONGRESS H.R (Collins)

PRISON REFORM AND REDEMPTION ACT 115 TH CONGRESS H.R (Collins) PRISON REFORM AND REDEMPTION ACT 115 TH CONGRESS H.R. 3356 (Collins) STATUS: H.R. 3356 is a bipartisan bill pending in Congress. It is not a law. We do not know if or when it could become law. To become

More information

CENTER ON JUVENILE AND CRIMINAL JUSTICE

CENTER ON JUVENILE AND CRIMINAL JUSTICE CENTER ON JUVENILE AND CRIMINAL JUSTICE March 2007 www.cjcj.org CJCJ s 2007 Legislative Watch As bills make their way through committee, CJCJ takes a moment to review promising legislation and unfortunate

More information

TESTIMONY MARGARET COLGATE LOVE. on behalf of the AMERICAN BAR ASSOCIATION. before the JOINT COMMITTEE ON THE JUDICIARY. of the

TESTIMONY MARGARET COLGATE LOVE. on behalf of the AMERICAN BAR ASSOCIATION. before the JOINT COMMITTEE ON THE JUDICIARY. of the TESTIMONY OF MARGARET COLGATE LOVE on behalf of the AMERICAN BAR ASSOCIATION before the JOINT COMMITTEE ON THE JUDICIARY of the MASSACHUSETTS GENERAL COURT on the subject of Alternative Sentencing and

More information

Reducing Prison Overcrowding in California

Reducing Prison Overcrowding in California A Status Report: POLICY BRIEF Reducing Prison Overcrowding in California Executive Summary On May 23, 2011, the U.S. Supreme Court issued a ruling in a lawsuit against the state involving prison overcrowding.

More information

THE SERVICE OF SENTENCES AND CREDIT APPLICABLE TO OFFENDERS IN CUSTODY OF THE OKLAHOMA DEPARTMENT OF CORRECTIONS

THE SERVICE OF SENTENCES AND CREDIT APPLICABLE TO OFFENDERS IN CUSTODY OF THE OKLAHOMA DEPARTMENT OF CORRECTIONS THE SERVICE OF SENTENCES AND CREDIT APPLICABLE TO OFFENDERS IN CUSTODY OF THE OKLAHOMA DEPARTMENT OF CORRECTIONS OKLAHOMA DEPARTMENT OF CORRECTIONS Oklahoma Department of Corrections 3400 Martin Luther

More information

Boston Police Department Rules and Procedures Rule 400C January 8, 2007

Boston Police Department Rules and Procedures Rule 400C January 8, 2007 CONSTABLES This rule is issued to establish the Department s policies for Constables. The provisions of this rule are effective immediately, superseding all previously issued rules, procedures, orders

More information

FLORIDA CRIMINAL OFFENSES AMANDA POWERS SELLERS AND JENNA C. FINKELSTEIN

FLORIDA CRIMINAL OFFENSES AMANDA POWERS SELLERS AND JENNA C. FINKELSTEIN If You Have Been Charged with a Crime in Florida, Familiarizing Yourself with Your Charges and the Potential Penalties If You are Convicted is the First Step to Making Yourself More Informed, Empowered

More information

AMENDED ORDER GOVERNING THE MOVEMENT OF SELECTED INMATES INTO COMMUNITY CORRECTIONS PROGRAMS, OSCEOLA COUNTY

AMENDED ORDER GOVERNING THE MOVEMENT OF SELECTED INMATES INTO COMMUNITY CORRECTIONS PROGRAMS, OSCEOLA COUNTY ADMINISTRATIVE ORDER NO. 07-98-48-03 IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA AMENDED ORDER GOVERNING THE MOVEMENT OF SELECTED INMATES INTO COMMUNITY CORRECTIONS

More information

CAUSE NUMBER 00 THE STATE OF TEXAS IN THE COUNTY CRIMINAL V. COURT AT LAW NUMBER 00 DEFENDANT OF HARRIS COUNTY, TEXAS

CAUSE NUMBER 00 THE STATE OF TEXAS IN THE COUNTY CRIMINAL V. COURT AT LAW NUMBER 00 DEFENDANT OF HARRIS COUNTY, TEXAS CAUSE NUMBER 00 THE STATE OF TEXAS IN THE COUNTY CRIMINAL V. COURT AT LAW NUMBER 00 DEFENDANT OF HARRIS COUNTY, TEXAS MEMBERS OF THE JURY: You have found the Defendant, name, guilty of the offense of driving

More information

Assembly Bill No. 579 Select Committee on Corrections, Parole, and Probation

Assembly Bill No. 579 Select Committee on Corrections, Parole, and Probation Assembly Bill No. 579 Select Committee on Corrections, Parole, and Probation CHAPTER... AN ACT relating to crimes; revising provisions relating to the registration of and community notification concerning

More information

Total Test Questions: 100 Levels: Units of Credit: 0.50

Total Test Questions: 100 Levels: Units of Credit: 0.50 DESCRIPTION The course provides an increased understanding of the criminal justice field with an emphasis on law enforcement. Instruction includes an in depth understanding of the American judicial system

More information

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE VEHICLE CODE MISDEMEANOR GUILTY PLEA FORM. 1. My true full name is

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE VEHICLE CODE MISDEMEANOR GUILTY PLEA FORM. 1. My true full name is For Court Use Only 1. My true full name is 2. I understand that I am pleading GUILTY / NOLO CONTENDERE and admitting the following offenses, prior convictions and special punishment allegations, with the

More information

Whitmire (Madden, et al.) ORGANIZATION bill analysis 5/18/2007 (CSSB 909 by Madden) Continuing TDCJ, inmate health care board, parole board duties

Whitmire (Madden, et al.) ORGANIZATION bill analysis 5/18/2007 (CSSB 909 by Madden) Continuing TDCJ, inmate health care board, parole board duties HOUSE SB 909 RESEARCH Whitmire (Madden, et al.) ORGANIZATION bill analysis 5/18/2007 (CSSB 909 by Madden) SUBJECT: COMMITTEE: VOTE: Continuing TDCJ, inmate health care board, parole board duties Corrections

More information

COURT OF COMMON PLEAS, BELMONT COUNTY, OHIO

COURT OF COMMON PLEAS, BELMONT COUNTY, OHIO COURT OF COMMON PLEAS, BELMONT COUNTY, OHIO State of Ohio, ) ) Plaintiff ) ) CASE NO.: vs. ) ) DRUG COURT PLEA, ) ) Defendant ) I,, being before the Court this day and with my counsel, Attorney, represent

More information

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs October 26, 2010

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs October 26, 2010 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs October 26, 2010 STATE OF TENNESSEE v. LADARIUS TYREE SPRINGS Direct Appeal from the Criminal Court for Hamilton County No.

More information

A GUIDE TO THE JUVENILE COURT SYSTEM IN VIRGINIA

A GUIDE TO THE JUVENILE COURT SYSTEM IN VIRGINIA - 0 - A GUIDE TO THE JUVENILE COURT SYSTEM IN VIRGINIA prepared by the CHARLOTTESVILLE TASK FORCE ON DISPROPORTIONATE MINORITY CONTACT TABLE OF CONTENTS 1. INTRODUCTION 2! How This Guide Can Help You 2!

More information

Have you ever been a victim or a witness to a crime? If so, you may be entitled to certain rights under Louisiana's Crime Victim Bill of Rights.

Have you ever been a victim or a witness to a crime? If so, you may be entitled to certain rights under Louisiana's Crime Victim Bill of Rights. VICTIMS RIGHTS Have you ever been a victim or a witness to a crime? If so, you may be entitled to certain rights under Louisiana's Crime Victim Bill of Rights. As a victim or designated family member of

More information

Florida Senate SB 388 By Senator Burt

Florida Senate SB 388 By Senator Burt By Senator Burt 1 A bill to be entitled 2 An act relating to the Parole Commission; 3 amending s. 947.04, F.S.; authorizing 4 commission staff to be located with staff of 5 the Department of Corrections;

More information

JUVENILE SEX OFFENDER REGISTRATION

JUVENILE SEX OFFENDER REGISTRATION JUVENILE SEX OFFENDER REGISTRATION Requirements, Penalties, and Relief Oregon law requires a juvenile found guilty of certain sex offenses to register as a sex offender. This requirement is permanent unless

More information

Criminal Records and Expungement. Rhode Island Public Defender

Criminal Records and Expungement. Rhode Island Public Defender Criminal Records and Expungement Rhode Island Public Defender Criminal Records How do I access a criminal record? The only way to obtain an official RI criminal record is by going to the Bureau of Criminal

More information

As part of their law and/or sociology coursework, this module will allow students to:

As part of their law and/or sociology coursework, this module will allow students to: Correctional Service Canada Service correctionnel Canada Social Studies Conditional Release Description The Conditional Release module will demystify the process leading to the reintegration of offenders

More information

COMMON QUESTIONS ON BEING ARRESTED IN PEACEFUL DEMONSTRATIONS, WHILE LEAFLETING, AND/OR FROM DOING CIVIL DISOBEDIENCE INTRODUCTION

COMMON QUESTIONS ON BEING ARRESTED IN PEACEFUL DEMONSTRATIONS, WHILE LEAFLETING, AND/OR FROM DOING CIVIL DISOBEDIENCE INTRODUCTION COMMON QUESTIONS ON BEING ARRESTED IN PEACEFUL DEMONSTRATIONS, WHILE LEAFLETING, AND/OR FROM DOING CIVIL DISOBEDIENCE INTRODUCTION This is not a detailed discussion but is meant to only highlight the most

More information

INVENTORY OF SPECIAL CONDITIONS OF PROBATION

INVENTORY OF SPECIAL CONDITIONS OF PROBATION INVENTORY OF SPECIAL CONDITIONS OF PROBATION These conditions are hereby incorporated into the Defendant s sentence by reference. The Defendant is advised that violation of any Special Condition of Probation

More information

Supervised Release (Parole): An Abbreviated Outline of Federal Law

Supervised Release (Parole): An Abbreviated Outline of Federal Law Supervised Release (Parole): An Abbreviated Outline of Federal Law Charles Doyle Senior Specialist in American Public Law March 5, 2015 Congressional Research Service 7-5700 www.crs.gov RS21364 Summary

More information

2011 Session (76th) A AB Assembly Amendment to Assembly Bill No. 93

2011 Session (76th) A AB Assembly Amendment to Assembly Bill No. 93 0 Session (th) A AB Amendment No. Assembly Amendment to Assembly Bill No. (BDR S-0) Proposed by: Assembly Committee on Judiciary Amends: Summary: Yes Title: Yes Preamble: No Joint Sponsorship: Yes Digest:

More information

Court Security Act 2005 No 1

Court Security Act 2005 No 1 New South Wales Contents Part 1 Part 2 Preliminary Page 1 Name of Act 2 2 Commencement 2 3 Objects of Act 2 4 Definitions 2 5 Operation of Act and effect on other powers 5 Entry and use of court premises

More information

STATE OF NEW JERSEY. SENATE, No th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

STATE OF NEW JERSEY. SENATE, No th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION SENATE, No. STATE OF NEW JERSEY th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 0 SESSION Sponsored by: Senator RAYMOND J. LESNIAK District 0 (Union) SYNOPSIS Transfers Division of Release employees to

More information

House Bill 3078 Ordered by the House June 2 Including House Amendments dated June 2

House Bill 3078 Ordered by the House June 2 Including House Amendments dated June 2 th OREGON LEGISLATIVE ASSEMBLY--0 Regular Session A-Engrossed House Bill 0 Ordered by the House June Including House Amendments dated June Sponsored by Representatives PILUSO, SANCHEZ; Representatives

More information

CONFERENCE COMMITTEE REPORT S.2371, AN ACT RELATIVE TO CRIMINAL JUSTICE REFORM

CONFERENCE COMMITTEE REPORT S.2371, AN ACT RELATIVE TO CRIMINAL JUSTICE REFORM CONFERENCE COMMITTEE REPORT S.2371, AN ACT RELATIVE TO CRIMINAL JUSTICE REFORM JUVENILES Raises the minimum age of criminal responsibility from seven to twelve. Decriminalizes first offense misdemeanors

More information

Superior Court of Washington For Pierce County

Superior Court of Washington For Pierce County Superior Court of Washington For Pierce County State of Washington, Plaintiff vs.. Defendant No. Statement of Defendant on Plea of Guilty to Sex Offense (STTDFG) 1. My true name is:. 2. My age is:. 3.

More information

For Informational Purposes (916) July 15, 2011

For Informational Purposes (916) July 15, 2011 fact sheet For Informational Purposes (916) 445-4950 July 15, 2011 2011 Public Safety Realignment The cornerstone of California s solution to reduce overcrowding, costs, and recidivism Earlier this year,

More information

Parole Release and. Revocation Project ASSOCIATION OF PAROLING AUTHORITIES INTERNATIONAL ANNUAL TRAINING CONFERENCE MAY 17, 2016

Parole Release and. Revocation Project ASSOCIATION OF PAROLING AUTHORITIES INTERNATIONAL ANNUAL TRAINING CONFERENCE MAY 17, 2016 Parole Release and Revocation Project ASSOCIATION OF PAROLING AUTHORITIES INTERNATIONAL ANNUAL TRAINING CONFERENCE MAY 17, 2016 Parole Release and Revocation Project Purpose and Goals Emerging National

More information

DEPARTMENT OF JUSTICE 820 NORTH FRENCH STREET WILMINGTON, DELAWARE 19801

DEPARTMENT OF JUSTICE 820 NORTH FRENCH STREET WILMINGTON, DELAWARE 19801 KATHLEEN JENNINGS ATTORNEY GENERAL DEPARTMENT OF JUSTICE 820 NORTH FRENCH STREET WILMINGTON, DELAWARE 19801 CIVIL DIVISION (302) 577-8400 CRIMINAL DIVISION (302) 577-8500 FRAUD DIVISION (302) 577-8600

More information

Sentencing in Colorado

Sentencing in Colorado Sentencing in Colorado The Use of Alternatives to Prison and Jail Incarceration Henry Sontheimer Dept. of Justice Services Sentencing Law and Practices Colorado s sentencing structure Felony: an offense

More information

County Parole Board Report of the San Francisco Civil Grand Jury SUMMARY The Civil Grand Jury (CGJ) reviewed the County Parole Board, a

County Parole Board Report of the San Francisco Civil Grand Jury SUMMARY The Civil Grand Jury (CGJ) reviewed the County Parole Board, a County Parole Board Report of the 2000-2001 San Francisco Civil Grand Jury SUMMARY The Civil Grand Jury (CGJ) reviewed the County Parole Board, a part of the Sheriff's Department. The impetus for this

More information

Illinois Policy Institute poll: Robust support for criminal-justice reform

Illinois Policy Institute poll: Robust support for criminal-justice reform ILLINOIS POLICY INSTITUTE SUMMER 16 SPECIAL REPORT CRIMINAL JUSTICE Illinois Policy Institute poll: Robust support for criminal-justice reform By Bryant Jackson-Green, Criminal Justice Policy Analyst Additional

More information

House Bill 3078 Ordered by the House June 30 Including House Amendments dated June 2 and June 30

House Bill 3078 Ordered by the House June 30 Including House Amendments dated June 2 and June 30 th OREGON LEGISLATIVE ASSEMBLY--0 Regular Session B-Engrossed House Bill 0 Ordered by the House June 0 Including House Amendments dated June and June 0 Sponsored by Representatives PILUSO, SANCHEZ, WILLIAMSON;

More information

A GUIDE TO CRIMINAL INJURIES COMPENSATION AUTHORITY (CICA) CLAIMS

A GUIDE TO CRIMINAL INJURIES COMPENSATION AUTHORITY (CICA) CLAIMS A GUIDE TO CRIMINAL INJURIES COMPENSATION AUTHORITY (CICA) CLAIMS What is the CICA? The CICA is a government-funded Scheme, designed to compensate blameless victims of violent crime, which includes sexual

More information

COMMUNITY ALLIANCE ON PRISONS P.O. Box 37158, Honolulu, HI Phone/ (808) /

COMMUNITY ALLIANCE ON PRISONS P.O. Box 37158, Honolulu, HI Phone/  (808) / COMMUNITY ALLIANCE ON PRISONS P.O. Box 37158, Honolulu, HI 96837-0158 Phone/email: (808) 927-1214 / kat.caphi@gmail.com COMMITTEE ON PUBLIC SAFETY, INTERGOVERNMENTAL, AND MILITARY AFFAIRS Senator Clarence

More information

Cuyahoga County Common Pleas Re-Entry Court A P P L I C A T I O N

Cuyahoga County Common Pleas Re-Entry Court A P P L I C A T I O N A P P L I C A T I O N The Cuyahoga County Re-Entry Court (REEC) is committed to working with defendants to end the cycle of incarceration. The Re-Entry Program identifies, assesses and links offenders

More information

1. The current or related charge is one of domestic violence (AS (c));

1. The current or related charge is one of domestic violence (AS (c)); Page 2 of 7 Procedures section I, A., 2, shall be deleted: 2. The offender has been found guilty of a major or high moderate infraction within the past 120 days of incarceration or has a pending disciplinary

More information

Resources Avoiding dual sovereignty screw ups: Highlight BOP policies impacting clients in which lawyer can play a role:

Resources Avoiding dual sovereignty screw ups: Highlight BOP policies impacting clients in which lawyer can play a role: Resources Avoiding dual sovereignty screw ups: Concurrent/consecutive sentences Jail credits Highlight BOP policies impacting clients in which lawyer can play a role: Classification and designation; Treatment

More information

SUPREME COURT OF THE UNITED STATES

SUPREME COURT OF THE UNITED STATES Cite as: 547 U. S. (2006) 1 NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of

More information

The Criminal Justice System: From Charges to Sentencing

The Criminal Justice System: From Charges to Sentencing The Criminal Justice System: From Charges to Sentencing The Key Principles The aim the system is to protect and to regulate society, to punish offenders and to offer rehabilitation; The Government, through

More information

ll1. THE SENTENCING COMMISSION

ll1. THE SENTENCING COMMISSION ll1. THE SENTENCING COMMISSION What year was the commission established? Has the commission essentially retained its original form, or has it changed substantially or been abolished? The Commission was

More information

77th OREGON LEGISLATIVE ASSEMBLY Regular Session. Enrolled. House Bill 2549

77th OREGON LEGISLATIVE ASSEMBLY Regular Session. Enrolled. House Bill 2549 77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session Enrolled House Bill 2549 Introduced and printed pursuant to House Rule 12.00. Presession filed (at the request of House Interim Committee on Judiciary)

More information

WEST VIRGINIA LEGISLATURE. House Bill 2657

WEST VIRGINIA LEGISLATURE. House Bill 2657 WEST VIRGINIA LEGISLATURE 2017 REGULAR SESSION Introduced House Bill 2657 BY DELEGATE MILEY [By Request of the Executive] [Introduced February 22, 2017; Referred to the Committee on the Judiciary.] 1 2

More information

State of North Carolina Department of Public Safety Prisons

State of North Carolina Department of Public Safety Prisons State of North Carolina Department of Public Safety Prisons Chapter: C Section:.1500 Title: Inmate Release Procedures Issue Date 09/12/2016 Supersedes: 04/27/16 POLICY & PROCEDURES.1501 GENERAL The following

More information

42 Pa.C.S. 9729, 9763, 9773 and Chapter 98.

42 Pa.C.S. 9729, 9763, 9773 and Chapter 98. 303.12 Guideline sentence recommendations: Sentencing programs. Pennsylvania Statutes 42 Pa.C.S. JUDICIARY AND JUDICIAL PROCEDURE Part VIII CRIMINAL PROCEEDINGS Chapter 97 SENTENCING Subchapter C SENTENCING

More information

IN THE CIRCUIT COURT OF COUNTY, MISSISSIPPI TENTH JUDICIAL DISTRICT DEFENDANT SSN: DL#: PETITION TO ENTER PLEA OF GUILTY

IN THE CIRCUIT COURT OF COUNTY, MISSISSIPPI TENTH JUDICIAL DISTRICT DEFENDANT SSN: DL#: PETITION TO ENTER PLEA OF GUILTY IN THE CIRCUIT COURT OF COUNTY, MISSISSIPPI TENTH JUDICIAL DISTRICT STATE OF MISSISSIPPI VS. CAUSE NO.: DEFENDANT DOB: SSN: DL#: RACE: GENDER: ADDR: HAIR COLOR: EYE COLOR: PETITION TO ENTER PLEA OF GUILTY

More information

Section 1 - Are You Eligible?

Section 1 - Are You Eligible? These are the instructions for completing the Orange County Superior Court forms entitled (Form No. L-0408.1), Notice of Filing (Form No. L-0409), Proof of Service- (Form No.L-0801), and the Certificate

More information

In the Case of the Central City Drug Bust, suppose Harry and Daisy

In the Case of the Central City Drug Bust, suppose Harry and Daisy Consequences In the Case of the Central City Drug Bust, suppose Harry and Daisy are found guilty. What would happen? Would they immediately be whisked off to prison? In Georgia, the judge sentences the

More information

THE VERMONT PAROLE BOARD MANUAL

THE VERMONT PAROLE BOARD MANUAL MISSION STATEMENT The Vermont Parole Board as an independent entity that considers eligible offenders for parole, rendering just decisions by balancing victim needs, the risk to public safety, while promoting

More information

Sentencing, Corrections, Prisons, and Jails

Sentencing, Corrections, Prisons, and Jails 22 Sentencing, Corrections, Prisons, and Jails This chapter summarizes legislation enacted by the 1999 General Assembly affecting the sentencing of persons convicted of crimes, the state Department of

More information