AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law for Jails, Prisons and
Detention Facilities
Prison & Jail Construction and Closing Issues
Mississippi governor's
purported veto of a portion of a state statute addressing the funding of
state prisons was unconstitutional and therefore a "nullity, so that
purported termination of contract for the private housing of prisoners
in Delta Correctional Facility was improper. Barbour v. Delta Corr. Facility
Authority, No. 2002-CA-01510-SCT, 871 So. 2d 703 (Miss. 2004). [2004 JB Aug]
Governor of Ohio and director
of state Department of Rehabilitation & Correction had authority, under
state law, to make a decision to close a correctional facility in response
to budgetary problems, and employees' union was not entitled to an injunction
against the closure. State ex rel. AFSCME v. Taft, #1-03-56, 804 N.E.2d
88 (Ohio App. 3d Dist. 2004). [N/R]
Washington state statute requiring community
notice and hearing before the building of a community based corrections
facility only applied to residential facilities and not to community justice
center which was non-residential and would provide supervision for community-supervised
offenders. Citizens group's rights were not violated by denial of hearing.
Citizens for Fair Share v. State of Washington Department of Corrections,
No. 281-38-4-II, 72 P.3d 206 (Wash. App. 2003). [N/R]