Medical and Public Health Law Site
Opinions of the Office of Legal Counsent - DOJ
2002 Memoranda & Opinions
Overview of Document
LEGALITY OF FIXED-PRICE INTERGOVERNMENTAL AGREEMENTS FOR DETENTION SERVICES
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The
Department of Justice has authority to enter Intergovernmental
Agreements with state or local governments to provide for the
detention of federal prisoners and detainees on a fixed-price
basis and is not limited to providing compensation for
costs under such agreements.
December 31, 2002
BUREAU OF PRISONS PRACTICE OF PLACING IN COMMUNITY CONFINEMENT CERTAIN OFFENDERS
WHO HAVE RECEIVED SENTENCES OF IMPRISONMENT
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When an offender has received a sentence of imprisonment,
the Bureau of Prisons does not have general authority, either upon the recommendation
of the sentencing judge or otherwise, to place such an offender in community
confinement at the outset of his sentence or to transfer him from prison to
community confinement at any time BOP chooses during the course of his sentence.
December 13, 2002
AUTHORITY OF FEMA TO PROVIDE DISASTER ASSISTANCE TO SEATTLE HEBREW ACADEMY
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The Stafford Disaster Relief and Emergency Assistance Act of 1974 and its implementing regulations permit FEMA to provide federal disaster assistance for the reconstruction of Seattle Hebrew Academy, a private religious school that was damaged in an earthquake in 2001. The Establishment Clause of the First Amendment does not pose a barrier to the Academy's receipt of such aid.
September 25, 2002
AUTHORITY OF FEDERAL JUDGES AND MAGISTRATES TO ISSUE "NO-KNOCK" WARRANTS
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Federal judges and magistrates may lawfully and constitutionally
issue "no-knock" warrants where circumstances justify a no-knock entry, and
federal law enforcement officers may lawfully apply for such warrants under
such circumstances.
Although officers need not take affirmative steps to make
an independent re-verification of the circumstances already recognized by a
magistrate in issuing a no-knock warrant, such a warrant does not entitle officers
to disregard reliable information clearly negating the existence of exigent
circumstances when they actually receive such information before execution of
the warrant.
June 12, 2002
AUTHORITY OF THE CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD TO DELEGATE POWER
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Although the Chemical Safety and Hazard Investigation Board may not name an "Acting Chairperson," it may delegate administrative and executive authority to a single member while the position of chairperson is vacant.
April 19, 2002
ROLE OF LEGAL GUARDIANS OR PROXIES IN NATURALIZATION PROCEEDINGS
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Section 504 of the Rehabilitation Act requires the INS as
a reasonable accommodation to permit a legal guardian or proxy to represent
a mentally disabled applicant in naturalization proceedings.
March 13, 2002
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