AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law
for Jails, Prisons and Detention Facilities


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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]

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