March 9, 2001 - Vol.32, No.10 - Corrections Digest

Sep 29, 2026

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March 9, 2001 issue (Vol.32, No.10) of Corrections Digest summarizes key developments for corrections professionals. It covers the U.S. Supreme Court’s review of mental capacity in capital cases after a stay of execution for Missouri inmate Antonio Richardson, and the Court’s decision to hear a private prison case involving Correctional Services Corp. v. Malesko. It also reports Amnesty International USA findings on abusive conditions in prisons, alongside state-by-state legislative and policy updates affecting sentencing, recruitment, and prison administration.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages9

Reading Time23 min

AccessFree to download

Corrections Digest

Supreme Court to Review Mental Capacity in Capital Cases

High Court Will Hear Private Prison Case

Report Cites Abusive Conditions in Prisons

Across the States

Death Row

Funding

National

March 9,2001 Vol.32,No.10 IN THIS ISSUE Supreme Court Will ConsiderMental Competency… …1Justices Will Hear PrivatePrison Case…… …………1 NATIONAL Amnesty Group CitesAbuse Conditions………………2Kansas Considers SupportFor Faith-Based Initiatives...2Georgia Tries To Bar EntryOf New Private Prisons……3Oklahoma Seeks Lower AgeRequirement For Recruits...3Texas Rangers Adopt PolicyTo Lure Officers,Jailers……4 ACROSS THE STATES Alaska,Arizon.………………4California,Florida……………4Indiana,Kansas,Kentucky ...5Maryland,Minn.,Nebraska.5Oklahoma,Oregon,Ten…6Texas…………………………………7 DEATH ROW Oklahoma,Texa.……………7 FUNDING Grants For Runaways ………7 $6.3M For Mental Health...7 $1.5M For Mental Health....7$28M For Drug Abuse……7 # CorrectionsDIGEST The only independent news service for the corrections professional The Supreme Court acceptedthe plea of a Missouri death rowinmate on whether mental retarda-tion is a defense against capital pun-ishment. The high court granted a stay ofexecution for Antonio Richardson, 26,only hours before he was sched-uled to die in the Potosi Correc-tional Center on March 7. Attorney Gino Battisti hadasked for a stay while the court de-termined if executing a mentally re-tarded man violated the 8thAmendment prohibition of crueland unusual punishment. The court halted the Missouriexecution pending the outcome ofPenry v.Johnson,00-6677,inwhich the justices will clarify howmuch opportunity jurors in deathpenalty cases must have to considerthe defendant's mental capacity. A hearing in the Penry case wasscheduled for March 22 and anopinion expected in late spring orearly summer. Richardson had been scheduledto be put to death for his role in the1991 deaths of sisters Robin andJulie Kerry.After being raped,theyoung women were pushed off anabandoned Mississippi River bridgein north St.Louis. Supreme Court Agrees To ReviewMental Capacity In Capital Cases The clemency request forRichardson cited three major con-cerns:He was a 16-year-old juve-nile at the time of the killings in1991;he has an IQ of around 70 andis classified as borderline mentallyretarded;and he has suffered frombrain damage since birth. Since the high court ruled in1989 against mental incompetence,11 states have adopted mental com-petency laws and several more in-cluding Missouri are consideringthem. # HIGH COURT WILL HEARPRIVATE PRISON CASE The Supreme Court agreed todecide whether federal inmates inprivate contract prisons could seekrelief in the federal court system. The court accepted Correc-tional Services Corp.v.Malesko,00-860,from the 2nd U.S.CircuitCourt of Appeals Former inmate John E.Maleskocontends that “a private entity thatsteps into the shoes of governmentfor profit should be held to constitu-tional standards." But Correctional Services Corp.of Sarasota,Fla.,argues privatecompanies should have the same Page 2 exemption from court actions asfederal agencies. The issue revolves around a1994 Supreme Court decision thatprohibits lawsuits against federalagencies on grounds they would notdeter individual wrongdoing andcould create a financial burden forthe government. Correctional Services filed theappeal after the 2nd Circuit clearedthe way for the former inmate topursue a claim in a federal court. Malesko was sent to a halfwayhouse in New York City in 1994 tocomplete his federal prison sentencefor securities fraud. Correctional Services managedthe halfway house under a contractwith the Federal Bureau of Prisons. Malesko said he had a heartcondition and usually was allowedto use the elevator even thoughother inmates were not. But he said an officer refused tolet him use the elevator in March1994 and that while walking up-stairs he suffered a heart attack,felland injured himself.He also saidprison officials failed to provide theheart pills he needed. Malesko sued Correctional Ser-vices,seeking $4 million in dam-ages.A federal court dismissed thelawsuit,but the 2nd U.S.CircuitCourt of Appeals rei

FAQs

What issue did the U.S. Supreme Court agree to review in a capital case?

The Court accepted a plea in a Missouri case about whether executing a mentally retarded defendant violates the 8th Amendment’s ban on cruel and unusual punishment, including how much opportunity jurors must have to consider the defendant’s mental capacity.

Which private prison-related case will the Supreme Court hear?

The Court agreed to decide whether federal inmates in private contract prisons can seek relief in federal court, considering Correctional Services Corp. v. Malesko.

What did Amnesty International USA report about abusive conditions in prisons?

A two-year survey reported that officers in 49 of 50 states sexually abused female inmates and that male inmates experienced cruel treatment. The report also described widespread physical and sexual abuse and abusive use of electro-shock weapons, and noted gaps in state laws addressing sexual misconduct.

Sep 29, 2026

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