Legal
Legal issues in the correctional system encompass various topics, including inmate rights, staff conduct, and compliance with state and federal laws. This directory offers articles and resources on the legal aspects of correctional facility operations, helping staff stay informed about the regulations and policies that govern their work. Understanding legal responsibilities is essential for minimizing liability and ensuring facilities operate within the law. For more information, explore our section on Corrections Policies.
Acquitted of sex trafficking and racketeering, Sean “Diddy” Combs remains jailed at MDC Brooklyn while awaiting sentencing for prostitution-related charges
A former Contra Costa deputy convicted in a 2018 on-duty fatal shooting may have his record cleared after serving time as part of the San Quentin Fire Department
Citing a 35.5% re-arrest rate, Attorney General Jason Miyares wants the General Assembly to repeal the earned sentence credit initiative
Cities and counties will receive $130 billion in aid for COVID-19 response
Along with damages, the inmate is seeking to be transferred out of Edna Mahan Correctional Facility for Women
It’s the Commission of Correction’s third lawsuit attempt to force the sheriff to abide by the rules imposed on local jails
The family of inmate Daniel Ruiz claims the transfer of infected inmates into the prison led to his death
Though other federal courts had already determined a prison visitor must be given the option to leave rather than submit to a strip search, the 9th Circuit had not spoken sufficiently to clearly establish that right in its jurisdiction
People convicted of felonies will become eligible to have their rights restored once they serve their prison time
Claims include ignoring an active suicide attempt, forcing a child to drink from a toilet and slamming a teen’s head into a window so hard it cracked the glass
An investigator with the Office of the State Inspector General alleges that her boss suspended her “in an effort to insulate his own position”
The St. Louis City Justice Center has no showers for people in wheelchairs, which, according to the suit, violates the federal Americans with Disabilities Act
ICE
New guidance has resulted in immigration officials declining to take custody of people who have served sentences for burglary, drug trafficking and other crimes
As Nebraska is seeking to expand its prison capacity, other states are taking a different approach
The death penalty would be blocked for people with schizophrenia, schizoaffective disorder, bipolar disorder, major depressive disorder or delusional disorder
The lawsuit alleges multiple MDOC staff members ignored the inmate’s pleas for help, accused her of lying, and mocked and laughed at her
Isaac Legaretta is facing termination for declining a vaccination; Dona Ana County said it stands behind its policy
The state can’t put anyone to death now because its supply of lethal injection drugs expired and it has not been able to buy any more
The lawsuit comes several months after the DOJ opened a statewide civil investigation into release practices at DOC facilities
Right now, inmates can choose between electrocution and the current default method of lethal injection
The legislation repealing the death penalty now heads to Gov. Ralph Northam, who has said he will sign it into law
Officers won’t book anyone unless they’re charged with an offense in a list of certain felonies and misdemeanors that are crimes committed against other people
Bills will be introduced “in the near future” that would replace all capital sentences with a sentence of life in prison without parole
“There is a strong culture of silence in the prison system,” an attorney representing two women said
The report calls on the department to use isolation “only if absolutely necessary” to protect the safety of prisoners and staff
Since Cuomo took office in 2011, he has closed 18 state prisons; decreasing inmate population is one factor in the closures
It’s indefinite now, but under the new legislation the maximum would be 15 days
A committee said the state should allow all but death row inmates and those serving life-without-parole to request lighter sentences after serving 15 years
The COs say they were segregated and prevented from doing their jobs solely because of the color of their skin
The organizations sent a letter to Biden, urging that he act immediately “on your promise of ensuring equality, equity and justice in our criminal legal system”
Critics want Biden to bulldoze the federal death chamber in Indiana and strike the death penalty from U.S. statutes entirely
It’s a dramatic shift for Virginia, which has put more people to death over its centuries-long history than any other state
The Democrat-controlled chamber approved the bill in a 21-17 vote that split along party lines and was seen as a key hurdle for the measure
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