Taylor v. Sebelius.U.S. District Court PAROLE -- DUE PROCESS Taylor v. Sebelius, 350 F.Supp.2d 888 (D.Kan. 2004). A state prison inmate brought a civil rights action against state officials, alleging that a state regulation imposing a $25 monthly supervision fee on parolees was unlawful and violated his rights under the ex post facto ex post facto adj. Latin for "after the fact," which refers to laws adopted after an act is committed making it illegal although it was legal when done, or increases the penalty for a crime after it is committed. Such laws are specifically prohibited by the U. S. clause and the Fifth, Eighth and Fourteenth Amendments. The district court granted summary judgment in favor of the officials. The court held that the deduction of parole supervision fees from the inmate's account was not cruel and unusual punishment Such punishment as would amount to torture or barbarity, any cruel and degrading punishment not known to the Common Law, or any fine, penalty, confinement, or treatment that is so disproportionate to the offense as to shock the moral sense of the community. and the regulation did not violate the ex post facto clause. The inmate claimed that he was unable to purchase basic hygiene items for a short time because of the fees. The court found that the state legislature A state legislature may refer to a legislative branch or body of a political subdivision in a federal system. The following legislatures exist in the following political subdivisions: prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. the court, collection of the fee was reasonably related to legitimate penological pe·nol·o·gy also poe·nol·o·gy n. The study, theory, and practice of prison management and criminal rehabilitation. [Latin poena, penalty (from Greek interests. The court held that due process did not entitle the prison inmate to a hearing before the money was taken from his inmate account. (Winfield Correctional Facility, Kansas) |
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