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Articles by Matthew Clarke

Texas Ramps Up Medical Paroles

Recently, Texas has increased the use of medically-recommended parole. The parole board approved over twice as many medical releases in Fiscal Year (FY) 2011 than it did in FY 2009. Even so, the 85 Texas prisoners approved to be released for medical reasons in FY 2011 were but a drop ...

New York Federal Court Holds Victim's Hearsay Accusation Insufficient in Prison Disciplinary Case

On April 13, 2012, a New York federal court held that prison officials were liable for convicting a prisoner in a disciplinary action based solely on a victim's hearsay statement and upholding that disciplinary conviction.

Carl Molano, a New York state prisoner, was on the prison's recreation yard when another ...

Sixth Circuit: Requiring Admission of Guilt to Participate in Mandatory-for-Parole SOTP No Fifth Amendment Violation

On April 4, 2012, the Third Circuit court of appeals held that requiring an admission of guilt to participate in an in-prison sex offender treatment program (SOTP) did not violate the Fifth Amendment prohibition against compulsory self-incrimination even if refusal to participate in SOTP was grounds for denial of parole. ...

Federal Consent Decree Bans Isolation at Mississippi Youth Prison

In February 2012, the Mississippi Department of Corrections (MDOC) agreed to stop housing juveniles at a privately-run prison in Leake County, Mississippi and enact multiple reforms to protect both the juveniles and the adult prisoners who will remain behind from abuse by prison employees.

The Walnut Grove Youth Correctional Facility ...

Court Certifies Class-Action in Lawsuit Over Washington State Prison Phones

On February 23, 2012, a Washington State court certified as a class action a challenge to the failure of the prisoner telephone service in some Washington State prisons to provide rate information.

Sandy Judd, Tara Herivel and Columbia Legal Services are class representatives for persons who received phone calls from ...

Residency Restrictions Cause Homelessness to Increase Among Registered Sex Offenders in Arizona

It is well known that restrictions on where registered sex offenders (RSOs) are permitted to reside in Miami resulted in the creation of an RSO camp under the Julia Tuttle Causeway. PLN recently reported that the RSOs who were removed from that camp and offered temporary housing leases were thrown ...

Texas Legislature Authorizes Doubling of Prisoners' Monthly Phone Minutes

In 2007, when Texas became the last state in the union to allow prisoner phone calls, the limit on phone usage was 120 minutes a month. In 2009, the Texas Board of Criminal Justice (TBCJ) responded to requests by prisoners' families and doubled the monthly phone minute allotment to 240. ...

Study Shows Private Prison Companies Use Influence to Increase Incarceration

A June 2011 report by the Justice Policy Institute entitled "Gaming the System: How the Political Strategies of Private Prison Companies Promote Ineffective Incarceration Policies reveals how private prison companies (PPCs) use political campaign donations, political lobbyists and relationships with government officials to increase their profits by promoting policies that ...

The Ultimate Humiliation: Guards Sexually Assault Prisoners Throughout the U.S.

Despite federal legislation aimed at preventing the rape of prisoners and the adoption of "zero-tolerance" policies toward sexual assault of prisoners by many jurisdictions, the sexual assault of prisoners by jail and prison employees continues to be prevalent throughout the United States. This is demonstrated by the multitude of media ...

Texas Court Holds Juvenile Capital Murder Adjudication Not Subject to Extraordinary Parole Review

On February 9, 2016, a Texas court held that a person adjudged delinquent for capital murder  as a juvenile and later transferred from the Texas Youth Commission to the adult prison system is not subject to the extraordinary parole review requirement set forth in §508.046, Texas Government Code (TGC).

Zahir ...