Monday, April 27, 2009
Child Support in Federal Prison
I was wondering if anyone knew about when child support is ordered when your loved one is in prison. My husband has a child from a previous marriage and a recent court date child support was ordered. My hubby was told that she will only get $25 every 3 months or quarterly but the court here has to petition the prison for it and all. Any information is great. Thank you.
Friday, April 24, 2009
I wanted everyone to check out this site and help us support Senator Webb and his bill to help our guys!
April 23rd, 2009 7:14 pm ET
People can take action to support Sen. Webb’s important bill at http://www.DrugWarDebate.com
It only takes a second and if enough people support this we can make a difference!
Kim R.
April 23rd, 2009 7:14 pm ET
People can take action to support Sen. Webb’s important bill at http://www.DrugWarDebate.com
It only takes a second and if enough people support this we can make a difference!
Kim R.
Sunday, April 19, 2009
Looking for Insight
Hey everybody. How are you all doing?
Let me introduce myself. I am Leah, my husband SS on 4/16/09 to Morgantown....So far, all's well there and here in NJ....I DO have a question...Can anybody tell me the benefit of using Magic Jack for the phone calls from the guys?
Steve mentioned it too me, but I just don't understand. If I have it, how does it work on my cell phone? Thats where he calls, so that I know I can talk, and he wont waste his minutes with an answering machine. ALso, we have cable phones, so we aren't charged long distance. Does this make sense? OR are al the call from the prison the same price?
This is obviously new to me, so any help or advice would be great.
Thanks and hope everybody had a nice weekend.
Let me introduce myself. I am Leah, my husband SS on 4/16/09 to Morgantown....So far, all's well there and here in NJ....I DO have a question...Can anybody tell me the benefit of using Magic Jack for the phone calls from the guys?
Steve mentioned it too me, but I just don't understand. If I have it, how does it work on my cell phone? Thats where he calls, so that I know I can talk, and he wont waste his minutes with an answering machine. ALso, we have cable phones, so we aren't charged long distance. Does this make sense? OR are al the call from the prison the same price?
This is obviously new to me, so any help or advice would be great.
Thanks and hope everybody had a nice weekend.
Saturday, April 18, 2009
Here in Morgantown
Hello everyone. It was a great visit today in Morgantown although it was HOT@ It was crowed as people keep coming and coming and coming..right up to 2pm.
I will say, everytime I go to the ladies bathroom and soap comes out of the soap dispenser, I say out loud...Thank you Sam and Kim (because we all know that behind every good man is a GREAT woman!) Hope everyone is having a great weekend..(HUGS)
I will say, everytime I go to the ladies bathroom and soap comes out of the soap dispenser, I say out loud...Thank you Sam and Kim (because we all know that behind every good man is a GREAT woman!) Hope everyone is having a great weekend..(HUGS)
Friday, April 17, 2009
Second Chance for Ex-offenders act of 2009 (expungement) has been introduced
Second Chance for Ex-Offenders Act of 2009 (Introduced in House)
HR 1529 IH
111th CONGRESS
1st Session
H. R. 1529
To permit expungement of records of certain nonviolent criminal offenses.
IN THE HOUSE OF REPRESENTATIVES
March 16, 2009
Mr. RANGEL introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To permit expungement of records of certain nonviolent criminal offenses.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Second Chance for Ex-Offenders Act of 2009'.
SEC. 2. EXPUNGEMENT OF CRIMINAL RECORDS FOR CERTAIN NONVIOLENT OFFENDERS.
(a) In General- Chapter 229 of title 18, United States Code, is amended by inserting after subchapter C the following new subchapter:
`SUBCHAPTER D--EXPUNGEMENT
`Sec.
`3631. Expungement of certain criminal records in limited circumstances.
`3632. Requirements for expungement.
`3633. Procedure for expungement.
`3634. Effect of expungement.
`3635. Reversal of expunged records.
`3636. Unsealing of records.
`Sec. 3631. Expungement of certain criminal records in limited circumstances
`(a) In General- Any individual convicted of an nonviolent offense who fulfills the requirements of section 3632 may file a petition under this subchapter to expunge the record of such conviction.
`(b) Definition of Nonviolent Offense- In this subchapter, the term `nonviolent offense' means a misdemeanor or felony offense against the United States that does not have as an element of the offense the use of a weapon or violence and which did not actually involve violence in its commission.
`Sec. 3632. Requirements for expungement
`No individual shall be eligible for expungement under this subchapter unless, before filing a petition under this subchapter, such individual--
`(1) has never been convicted of a violent offense (including an offense under State law that would be a violent offense if it were Federal) and has never been convicted of a nonviolent offense other than the one for which expungement is sought;
`(2) has fulfilled all requirements of the sentence of the court in which conviction was obtained, including completion of any term of imprisonment or period of probation, meeting all conditions of a supervised release, and paying all fines;
`(3) has remained free from dependency on or abuse of alcohol or a controlled substance a minimum of 1 year and has been rehabilitated, to the satisfaction of the court referred to in section 3633(b), if so required by the terms of a supervised release;
`(4) has obtained a high school diploma or completed a high school equivalency program; and
`(5) has completed at least one year of community service, as determined by the court referred to in section 3633(b).
`Sec. 3633. Procedure for expungement
`(a) Petition- An individual may file a petition for expungement in the court in which the conviction was obtained. A copy of the petition shall be served by the court upon the United States Attorney for the district in which the conviction sought to be expunged was obtained. Not later than 60 days after receipt of such petition, the United States Attorney may submit written recommendations to the court and notify the petitioner of that recommendation.
`(b) Court-Ordered Expungement- The court, after consideration of evidence submitted by the petitioner in support of the petition and any evidence submitted by the Government in support of objections it may have to granting the petition, shall rule on the petition. In making that ruling the court, after determining whether the petitioner meets the eligibility requirements of this subchapter, shall weigh the interests of the petitioner against the best interests of justice and public safety.
`Sec. 3634. Effect of expungement
`(a) In General- An order granting expungement under this subchapter shall restore the individual concerned, in the contemplation of the law, to the status such individual occupied before the arrest or institution of criminal proceedings for the crime that was the subject of the expungement.
`(b) No Disqualification; Statements- After an order granting expungement of any individual's criminal records under this subchapter, such individual shall not be required to divulge information pertaining to the expunged conviction and the fact that such individual has been convicted of the criminal offense concerned shall not--
`(1) operate as a disqualification of such individual to pursue or engage in any lawful activity, occupation, profession, and
`(2) held under any provision of law guilty of perjury, false answering, or making a false statement by reason of his failure to recite or acknowledge such arrest or institution of criminal proceedings, or results thereof, in response to an inquiry made of him for any purpose.
`(c) Records Expunged or Sealed- Upon order of expungement, all official law enforcement and court records, including all references to such person's arrest for the offense, the institution of criminal proceedings against him, and the results thereof, except publicly available court opinions or briefs on appeal, shall be expunged (in the case of nontangible records) or gathered together and sealed (in the case of tangible records).
`(d) Record of Disposition To Be Retained- A nonpublic record of a disposition or conviction that is the subject of an expungement order shall be retained only by the Department of Justice solely for the purpose of use by the courts in any subsequent adjudication.
`Sec. 3635. Disclosure of expunged records
`(a) Law Enforcement Purposes- The Department of Justice may maintain a nonpublic manual or computerized index of expunged records containing only the name of, and alphanumeric identifiers that relate to, the persons who are the subject of such expunged records, the word `expunged', and the name of the person, agency, office, or department that has custody of the expunged records, and shall not name the offense committed. The index shall be made available only to Federal and State law enforcement personnel who have custody of such expunged records and only for the purposes set forth in subsection (b) of this section.
`(b) Authorized Disclosure- Such records shall be made available to the person accused or to such person's designated agent and shall be made available to--
`(1) any prosecutor, law enforcement agency, or court which has responsibility for criminally investigating, prosecuting, or adjudicating such individual;
`(2) any State or local office or agency with responsibility for the issuance of licenses to possess guns where the accused has made application for such license; or
`(3) any prospective city, State, or Federal employer or agency, involved in investigating and/or prosecuting under criminal or civil statutes including employers of police or peace officers and in relation to an application for employment as an employee of a city, State, or Federal employer or agency involved in investigating or prosecuting under criminal or civil statutes including as a police officer or peace officer, and every person who is an applicant for the position of police officer, peace officer, or any other prospective city, State, or Federal employer or agency, involved in investigating or prosecuting under criminal or civil statutes shall be furnished with a copy of all records obtained under this paragraph and afforded an opportunity to make an explanation thereto.
`(c) Punishment for Improper Disclosure- Any person who knowingly disseminates information relating to an expunged conviction other than the offender shall be fined under this title or imprisoned not more than one year, or both.
`Sec. 3636. Reversal of expunged records
`The records expunged under this subchapter shall be restored by operation of law as public records and may be used in all court proceedings if the individual whose conviction was expunged is subsequently convicted of any Federal or State offense.'.
(b) Clerical Amendment- The table of subchapters at the beginning of chapter 229 of title 18, United States Code, is amended by adding at the end the following item:
3631'.
(c) Effective Date- The amendments made by this Act shall apply to individuals convicted of an offense before, on, or after the date of enactment of this Act.
HR 1529 IH
111th CONGRESS
1st Session
H. R. 1529
To permit expungement of records of certain nonviolent criminal offenses.
IN THE HOUSE OF REPRESENTATIVES
March 16, 2009
Mr. RANGEL introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To permit expungement of records of certain nonviolent criminal offenses.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Second Chance for Ex-Offenders Act of 2009'.
SEC. 2. EXPUNGEMENT OF CRIMINAL RECORDS FOR CERTAIN NONVIOLENT OFFENDERS.
(a) In General- Chapter 229 of title 18, United States Code, is amended by inserting after subchapter C the following new subchapter:
`SUBCHAPTER D--EXPUNGEMENT
`Sec.
`3631. Expungement of certain criminal records in limited circumstances.
`3632. Requirements for expungement.
`3633. Procedure for expungement.
`3634. Effect of expungement.
`3635. Reversal of expunged records.
`3636. Unsealing of records.
`Sec. 3631. Expungement of certain criminal records in limited circumstances
`(a) In General- Any individual convicted of an nonviolent offense who fulfills the requirements of section 3632 may file a petition under this subchapter to expunge the record of such conviction.
`(b) Definition of Nonviolent Offense- In this subchapter, the term `nonviolent offense' means a misdemeanor or felony offense against the United States that does not have as an element of the offense the use of a weapon or violence and which did not actually involve violence in its commission.
`Sec. 3632. Requirements for expungement
`No individual shall be eligible for expungement under this subchapter unless, before filing a petition under this subchapter, such individual--
`(1) has never been convicted of a violent offense (including an offense under State law that would be a violent offense if it were Federal) and has never been convicted of a nonviolent offense other than the one for which expungement is sought;
`(2) has fulfilled all requirements of the sentence of the court in which conviction was obtained, including completion of any term of imprisonment or period of probation, meeting all conditions of a supervised release, and paying all fines;
`(3) has remained free from dependency on or abuse of alcohol or a controlled substance a minimum of 1 year and has been rehabilitated, to the satisfaction of the court referred to in section 3633(b), if so required by the terms of a supervised release;
`(4) has obtained a high school diploma or completed a high school equivalency program; and
`(5) has completed at least one year of community service, as determined by the court referred to in section 3633(b).
`Sec. 3633. Procedure for expungement
`(a) Petition- An individual may file a petition for expungement in the court in which the conviction was obtained. A copy of the petition shall be served by the court upon the United States Attorney for the district in which the conviction sought to be expunged was obtained. Not later than 60 days after receipt of such petition, the United States Attorney may submit written recommendations to the court and notify the petitioner of that recommendation.
`(b) Court-Ordered Expungement- The court, after consideration of evidence submitted by the petitioner in support of the petition and any evidence submitted by the Government in support of objections it may have to granting the petition, shall rule on the petition. In making that ruling the court, after determining whether the petitioner meets the eligibility requirements of this subchapter, shall weigh the interests of the petitioner against the best interests of justice and public safety.
`Sec. 3634. Effect of expungement
`(a) In General- An order granting expungement under this subchapter shall restore the individual concerned, in the contemplation of the law, to the status such individual occupied before the arrest or institution of criminal proceedings for the crime that was the subject of the expungement.
`(b) No Disqualification; Statements- After an order granting expungement of any individual's criminal records under this subchapter, such individual shall not be required to divulge information pertaining to the expunged conviction and the fact that such individual has been convicted of the criminal offense concerned shall not--
`(1) operate as a disqualification of such individual to pursue or engage in any lawful activity, occupation, profession, and
`(2) held under any provision of law guilty of perjury, false answering, or making a false statement by reason of his failure to recite or acknowledge such arrest or institution of criminal proceedings, or results thereof, in response to an inquiry made of him for any purpose.
`(c) Records Expunged or Sealed- Upon order of expungement, all official law enforcement and court records, including all references to such person's arrest for the offense, the institution of criminal proceedings against him, and the results thereof, except publicly available court opinions or briefs on appeal, shall be expunged (in the case of nontangible records) or gathered together and sealed (in the case of tangible records).
`(d) Record of Disposition To Be Retained- A nonpublic record of a disposition or conviction that is the subject of an expungement order shall be retained only by the Department of Justice solely for the purpose of use by the courts in any subsequent adjudication.
`Sec. 3635. Disclosure of expunged records
`(a) Law Enforcement Purposes- The Department of Justice may maintain a nonpublic manual or computerized index of expunged records containing only the name of, and alphanumeric identifiers that relate to, the persons who are the subject of such expunged records, the word `expunged', and the name of the person, agency, office, or department that has custody of the expunged records, and shall not name the offense committed. The index shall be made available only to Federal and State law enforcement personnel who have custody of such expunged records and only for the purposes set forth in subsection (b) of this section.
`(b) Authorized Disclosure- Such records shall be made available to the person accused or to such person's designated agent and shall be made available to--
`(1) any prosecutor, law enforcement agency, or court which has responsibility for criminally investigating, prosecuting, or adjudicating such individual;
`(2) any State or local office or agency with responsibility for the issuance of licenses to possess guns where the accused has made application for such license; or
`(3) any prospective city, State, or Federal employer or agency, involved in investigating and/or prosecuting under criminal or civil statutes including employers of police or peace officers and in relation to an application for employment as an employee of a city, State, or Federal employer or agency involved in investigating or prosecuting under criminal or civil statutes including as a police officer or peace officer, and every person who is an applicant for the position of police officer, peace officer, or any other prospective city, State, or Federal employer or agency, involved in investigating or prosecuting under criminal or civil statutes shall be furnished with a copy of all records obtained under this paragraph and afforded an opportunity to make an explanation thereto.
`(c) Punishment for Improper Disclosure- Any person who knowingly disseminates information relating to an expunged conviction other than the offender shall be fined under this title or imprisoned not more than one year, or both.
`Sec. 3636. Reversal of expunged records
`The records expunged under this subchapter shall be restored by operation of law as public records and may be used in all court proceedings if the individual whose conviction was expunged is subsequently convicted of any Federal or State offense.'.
(b) Clerical Amendment- The table of subchapters at the beginning of chapter 229 of title 18, United States Code, is amended by adding at the end the following item:
3631'.
(c) Effective Date- The amendments made by this Act shall apply to individuals convicted of an offense before, on, or after the date of enactment of this Act.
Thursday, April 16, 2009
Denied
Well guys as much as I hoped for Chance to come home in June, I knew this is the answer we would get. He has been denied any extra half way house time. It always seems like you get the worse news when your already having a terrible day. Soooo ladies looks like I will be around for the bachelorette party.
Tuesday, April 14, 2009
DNA
Does anyone know how long before they go to the hwh they take your DNA sample...I am getting too excited hoping they will give Chance the date in June...They took his DNA today! Just wondering if anyone has heard anything about it.
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