We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.
BOP FEELING MORE HEAT ON COMPASSIONATE RELEASE
We reported a month ago on the dismal numbers the BOP was compelled to turn over to Congress on compassionate release, that only one in four requests for compassionate release makes it past a warden, and only 6% get granted, as well as the 5 months plus it takes to get a decision.
Two weeks ago, Sens. Brian Schatz (D-Hawaii), Mike Lee (R-Utah) and Patrick Leahy (D-Vermont) introduced S. 2471, the Granting Release and Compassion Effectively (GRACE) Act, to make the BOP accountable for compassionate release decisions made under 18 USC 3582(c)(1). That statute provides that a prisoner who has extraordinary reasons – usually medical, age-related or family-related, may receive a reduction in sentence (RIS). An inmate must first get a recommendation from the institution warden, and then from the BOP Director. If the Director forwards the motion to the district court, the district judge who originally sentenced the inmate will then decide the motion.
In data the BOP recently disclosed in response to a Senatorial inquiry, the agency admitted that only 9.6% out of 3,182 inmate requests for compassionate release were approved between 2014 and 2017. A full 75% of requests came from dying, sick or elderly inmates. During the period, 81 inmates died while their requests were under review. BOP takes an average of 141 days to approve compassionate release applications and nearly 200 days for denials. “Too many people who are eligible for compassionate release die in prison because the decision takes so long,” said Sen. Schatz. “And many others wait for months just to get a response. Clearly, the system is broken.”
The GRACE Act would allow an inmate to petition a federal court if BOP fails to bring a motion within 30 days; set up an expedited process for terminal illness cases; and allow inmates’ attorneys or families to file on their behalf.
The bill’s sponsors noted that inmates released under compassionate release have a 3.5% recidivism rate, the lowest among all inmates. At the same time, they said, federal prisons house an increasing number of aging inmates, who often have serious medical conditions, making medical care one of the biggest expenses of the federal prison system. The elderly will represent 28% of the total federal inmate population by 2019.
This past week, the legislation may have gotten a boost, as The New York Times ran an analysis of last month’s data.
The Times, noting that nearly as many inmates (266) died awaiting a decision as were actually granted compassionate release (312), reviewed dozens of RIS cases. It reported that BOP officials “often override the opinions of those closest to the prisoners, like their doctors and wardens. Advocates for the program say the bureau, which oversees 183,000 inmates, denies thousands of deserving applicants. Roughly half of those who died after applying were convicted of nonviolent fraud or drug crimes.”
The Times said, “Case files show that prison officials reject many prisoners’ applications on the grounds that they pose a risk to public safety or that their crime was too serious to justify early release. In 2013, an inspector general reported that nearly 60 percent of inmates were denied based on the severity of their offense or criminal history. The United States Sentencing Commission has said that such considerations are better left to judges — but judges can rule on compassionate release requests only if the Bureau of Prisons approves them first.”
Capturing the attention of the most influential newspaper in the country is likely to put wind in The GRACE Act’s sails, as well as bring pressure on the BOP’s refusal to accept the Sentencing Commission’s demands that it leave the judging of the severity of the offense and dangerousness of the offender to the sentencing judges.
The New York Times, Frail, old and dying, but their only way out of prison is a coffin (Mar. 7, 2018)
Big Island Now, Legislation to Improve Compassionate Prison Release Process (Feb. 28, 2018)
– Thomas L. Root
