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New Jersey STEP Program to Expand

Gov. Chris Christie announces an expansion of the NJ-STEP program after a roundtable discussion with program staff, graduates, and participants, at 10:30 a.m. at Mercer County Community College in West Windsor. The program — full name: New Jersey Scholarship and Transformative Education in Prisons Consortium — allows state prison inmates to take classes for college

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Wooden letter tiles spell 'Breach' against a blurred natural background, concept of security or violation.

Seventh Circuit Upholds FTCA Venue Transfer

By Prison Legal News The Seventh Circuit Court of Appeals has upheld the transfer of a former federal prisoner’s negligence action from Illinois to Kansas. Daniel Hudson relocated to Illinois following his release from a federal prison in Kansas. He filed a Federal Tort Claims Act (FTCA) suit in U.S. District Court in Illinois, alleging

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Teaching in Prison

By Secret Teacher / TheGuardian.com  Image courtesy pace.princeton.edu-

No bell marks the start of our day. Instead, a slow drip-feed of men in grey tracksuits amble their way into classes. Sometimes 10 sit in front of me, aged 21 up to 60 or 70. They are the disaffected and the despicable. They are the proud, the defensive and the downright disagreeable; funnelled into education during their first days inside, where they complete assessments in literacy and numeracy. Their scores determine their placement into a classroom, and their subsequent opportunities for work.

I didn’t know you could teach in prison until I volunteered at a rehab centre and someone there had learned to read in jail. It was a revelation to me after I’d always sworn that I would never teach, prompted in part by my primary teacher mother: never me, never a teacher. But something clicked and I knew that this was where I would end up. This was my niche; my place to make a difference.

The most challenging part of working with offenders is the disparity between students in the classroom – the range of ages, their level of literacy and their attitude to learning. Often their only common ground is their criminality. Some learners arrive spoiling for a fight, desperate to avoid the torture of school all over again, determined to prove themselves. Behaviour is an issue, with many refusing to work. Challenging inappropriate language is a constant battle when, for some, the f-word is used in every sentence.

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Former Detainee Alleges Unconstitutional Conditions at Illinois Jail, Accepts $7,501 Judgment

By Prison Legal News

On April 24, 2013, the Seventh Circuit Court of Appeals held that a former pretrial detainee at the Edgar County Jail (ECJ) in Illinois stated a claim concerning unconstitutional conditions of confinement at the facility. The appellate court also affirmed the dismissal of a claim alleging deliberate indifference to the detainee’s medical needs.

Over a period of two-and-a-half years, Richard D. Budd served three stints at ECJ as a pretrial detainee. He initially spent 45 days at the jail following a 2009 arrest. During that time he was confined with eight other detainees in an area of the facility intended for three; he had to sleep on the floor alongside broken windows and damaged toilets.

After another arrest two years later, Budd was placed in a section of the ECJ where overcrowded conditions again forced him and other prisoners to sleep on the floor amid water from a shower leak. The cells had broken windows, exposed wiring, extensive rust, sinks without running water, toilets covered in mold and spider webs, and a broken heating system. ECJ staff did not provide prisoners with cleaning supplies.

Four months later, Budd was again arrested and had to sleep on the floor in an ECJ cellblock. The cell’s vents were blocked, the heating and air conditioning systems did not work, and detainees were denied recreation. While living in these conditions, something scratched or bit Budd’s leg, resulting in an infection and swelling. He was taken to a local hospital for treatment after contacting the Sheriff.

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Will.i.am Opines on the Prison Industrial Complex

By Annie-Rose Strasser / ThinkProgress.org  https://www.federalcriminaldefenseattorney.com/prison-education/Image courtesy Screenshot / NBC

Celebrities served as more than just pretty faces at the White House Correspondents’ Dinner this weekend. While they were in town, several big names, from basketball stars to musicians, also stopped by the week’s Sunday news talk shows to get in a word about policy.

Among them was Black Eyed Peas frontman Will.i.am, who came on Meet The Press to talk about his education foundation. While there, the musician managed to weave together his interest in education policy with a powerful rebuke of America’s inactive Congress, and its problems with mass incarceration.

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Kentucky Supreme Court: Probation Cannot be Extended for Sex Offender Treatment

By Prison Legal News

The Supreme Court of Kentucky has held that a probationer’s period of probation cannot be extended to require completion of a sex offender treatment program.

Elmer David Miller was originally charged with felony first-degree unlawful transaction with a minor. He entered into a plea agreement for a misdemeanor charge of criminal attempt to commit first-degree unlawful transaction with a minor, because the victim was over the age of sixteen. The plea agreement included two years of probation and required Miller to “[a]ttend any counseling recommended by probation and parole.”

Following the recommendation of the Division of Probation and Parole, Miller enrolled in the state’s sex offender treatment program. Shortly before his period of probation ended, his probation officer informed the trial court that Miller would be unable to complete the program before the expiration of his probation term. The court then held a hearing and extended Miller’s probation until he finished the three-year sex offender treatment program.

Miller challenged the trial court’s order and the Court of Appeals reversed, holding that he had not agreed to the extension of his probation and, in fact, had opposed it at the hearing. The appellate court remanded the case for a determination of whether Miller’s term of probation should have been allowed to expire or should have been revoked for his failure to complete the treatment program. See: Miller v. Commonwealth of Kentucky, 2010 Ky. App. Unpub. LEXIS 1001 (Ky. Ct. App. 2010).

On discretionary review by the Kentucky Supreme Court, the state agreed that the Court of Appeals was correct in concluding Miller’s term of probation could not be extended. The Court concurred, stating the statutory two-year period for misdemeanors is an “absolute limit, absent some overriding statute or waiver by the defendant,” neither of which applied in this case.

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Oklahoma Inmate Dies 43 Minutes After Botched Execution

By The Takeaway A few days ago in Oklahoma, a chaotic series of events led to the botched lethal injection of a prisoner. Clayton D. Lockett, who was convicted of rape and murder in 1999, was one of two prisoners set to be executed by a new combination of drugs. Last night he was strapped on

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Should We Give Prisoners a College Education?

On Monday in Austin, President Barack Obama reflected on Lyndon B. Johnson’s legacy 50 years after the passage of the Civil Rights Act. He spoke too about the policies his own administration has overseen and the civil rights victories of recent years. But one thing President Obama has not been able to tackle is the

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Texas Criminal Court Fees are a Tax on Poor Defendants

By Matt Clarke

The Texas legislature has erected such a hodgepodge of criminal court fees that even the court administrators and clerks don’t know how to apply them. These fees, which are frequently not used for their intended purposes, amount to a hidden tax on the poorest members of society ensnared in Texas’ criminal justice system.

“Sometimes, I can’t even tell my client what the bill is for,” said Austin defense attorney David Gonzales.

He is not alone. The Texas Office of Court Administration (TOCA) receives “hundreds of calls from court officials about how to assess and prioritize fines, fees and surcharges in criminal cases,” according to a report the agency published in 2009. “The sprawling number of state and local fees and court costs that state law prescribes as a result of a criminal conviction amounts to a nearly incomprehensible package.”

The fee system is so complex that people convicted of identical crimes might be charged vastly different fees, possibly violating the constitutional guarantee of equal treatment under the law.

Nor is it always possible to determine how a particular fee is actually used; typical legislative practice includes the raiding of fee accounts to balance the budget or fund pet projects. Some fees, such as the $50 clerk’s fee and $25 prosecutor’s fee, go straight into a county’s general fund where they can be used to pay for any budget item, court-related or not.

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