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California Probation Cannot Exceed Maximum for Unpaid Restitution
California Probation Cannot Exceed Maximum for Unpaid Restitution
by Mark Wilson
The California Court of Appeal, Sixth Appellate District, held on September 17, 2014 that trial courts lack authority to hold probationers in “suspended animation” beyond their maximum sentence to ensure full payment of victim restitution.
In California, restitution can ...
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More from this issue:
- Twenty-Five Years of Prison Legal News, by Paul Wright
- HRDC Litigation Project Update – 25th Anniversary Edition, by Lance Weber
- News in Brief
- Ohio Prisoner Represents Himself, Beats Attempted Murder Charges
- Dehydration Death of North Carolina Prisoner Prompts Investigations, Firings, Resignations, by Christopher Zoukis
- When is a Person too Insane to Execute?, by Matthew Clarke
- Disabled Minnesota Prisoner Settles Discrimination Lawsuit for $10,000, Other Relief, by Robert Warlick
- Convictions Affirmed for Two Former Rhode Island Guards Who Assaulted Prisoners
- Maryland County Jail Guards Receive Rights Mirroring Those of State Prison Guards
- $500,000 Settlement in Georgia Prisoner’s Death while on Work Crew
- Easing Residency Restrictions Helps Curb Homelessness Among Registered Sex Offenders, by Matthew Clarke
- Former Prisoner Receives $50,000 Settlement for Beating by Ohio Jail Guard, by Derek Gilna
- First Circuit Vacates Massachusetts Prisoner’s $325,956.36 Damages, Attorney Fee Award, by Matthew Clarke
- Due Process Requires Notice Prior to Court-Ordered Deduction from Prisoners’ Accounts, by David Reutter
- California Pays $585,000 to Settle Suit by Prisoner Who Lost Eye Due to Poor Medical Care, by Michael Brodheim
- Iowa DOC May Not Switch Administrative Law Judges in Mid-Disciplinary Process, by Matthew Clarke
- The Wal-Mart Model: Not Just for Retail, Now It’s for Private Prisons Too!, by Carl Takei
- Fifth Circuit Reinstates Dallas County Jail Excessive Force Suit, by Matthew Clarke
- Prisoner Files Lawsuit after Being Pepper Sprayed in Restraint Chair, by Derek Gilna
- $50,000 Settlement for Prisoner’s Suicide at Iowa County Jail, by Gary Hunter
- Maine Sheriff, Mired in Controversy, Defeated in Re-election Bid
- Georgia Jail Pays $937,500 in Wrongful Death Settlement
- Former Prisoner Left Blind by Assault Obtains Reversal of FTCA Claim, by David Reutter
- Seventh Circuit Orders New Trial due to Shackling of Prisoner Plaintiff, by Lonnie Burton
- New Jersey, Ohio DOCs Significantly Reduce Phone Rates
- $7,500 Award for Ohio Prisoner in Slip and Fall Accident, by David Reutter
- Exonerated Colorado Prisoner Receives $1.2 Million under New Compensation Law, by Joe Watson
- Accuracy of Widely-Used Polygraph Machine Under Fire, by Derek Gilna
- The Persistence of Mass Incarceration, by James Kilgore
- Lifetime GPS Monitoring of Sex Offenders Upheld in South Carolina, by Lonnie Burton
- Oregon Mental Patient’s Death Nets $1.4 Million, by Mark Wilson
- Oregon Parole Board Orders Must Explain Decisions, but Orders Defined to Include Administrative Review Responses, by Mark Wilson
- Human Rights Groups, Environmentalists Oppose New Federal Prison on Former Coal Mine in Kentucky, by Panagioti Tsolkas
- Ninth Circuit Upholds $106,000 in Damages Plus Attorney Fees for Withheld Evidence, by Mark Wilson
- ICE Settles New York Immigration Raid Lawsuit for $1 Million, by Matthew Clarke
- California Probation Cannot Exceed Maximum for Unpaid Restitution, by Mark Wilson
- From the Editor, by Paul Wright
More from Mark Wilson:
- Indiana Prisoner Sues Prison Abolition Group, Wins $1,097 Default Judgment, April 26, 2024
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, Feb. 1, 2024
- Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, Dec. 1, 2023
- After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, Oct. 15, 2023
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Knee Surgery Delayed 29 Months, Oct. 15, 2023
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, Oct. 15, 2023
- Congress Forces BOP to Upgrade Security Cameras, Sept. 15, 2023
- Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles, Sept. 15, 2023
- Senators Slam “Egregious” Prisoner Sexual Abuse by BOP Employees, Sept. 15, 2023
- Minnesota Supreme Court Denies Qualified Immunity for Delayed Transfer of Sex Offenders, Sept. 15, 2023
More from these topics:
- BOP Eases Money Grab from Federal Prisoners, Feb. 15, 2025. Seizure of Prisoner Funds, Restitution, Commissary, Bureau of Prisons (BOP), Changes by the BOP.
- Michigan Supreme Court Greenlights Adding Restitution At Resentencing of Former Juveniles Sentenced to LWOP, Jan. 15, 2025. Life without Parole (LWOP), Restitution, Juvenile Offenses/Offenders.
- Indiana Supreme Court Clarifies Framework for Determining When Courts May Apply Cash Bail to Public-Defender Costs and to Fines, Costs, and Fees, June 15, 2024. Appointment of Counsel, Costs, Restitution, Bail Bonds.
- First Circuit Lets BOP Take Prisoner’s Entire $10,956.36 Trust Account Balance for Restitution, Feb. 1, 2024. Seizure of Prisoner Funds, Restitution, Trust Accounts.
- Missouri Senior Citizen Jailed Three Days After Letting Dog Off Leash, April 27, 2023. Restitution, Ability to Pay.
- Fifth Circuit Upholds Nearly $13.5 Million Restitution Order Against Federal Prisoner, Oct. 31, 2022. Restitution, Mandatory Victims Restitution Act (MVRA).
- Hawaii Supreme Court Orders New Parole Hearing for Prisoner Held Since 1979, May 1, 2022. Restitution, Conditions of, Ability to Pay.
- Sixth Circuit Announces District Court Has Power to Waive Interest on Restitution Post-Sentencing, Resulting in Circuit Split, Jan. 15, 2022. Restitution.
- Georgia Enacts Massive Probation Reform Bill, Oct. 1, 2021. Probation.
- Prosecutors Get Real Look at Life After Prison, Feb. 4, 2020. Prosecutors, Release and Reentry, Parole, Probation.