We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.
IMPATIENCE, DISAPPOINTMENT IS SETTING IN ON FIRST STEP
President Trump shortened thousands of sentences by signing the First Step Act of 2018, S.756, four days before Christmas. But 10 days later, inmates and frustrated families say they are afraid the gift be may lost somewhere in the bureaucracy.
Silence from the BOP is creating concern that foot-dragging will slow sentence reductions. The new law gives inmates an extra seven days good time for each year of their sentence, but it’s unclear when the BOP will make the calculations. Advocates estimate that 4,000 federal prisoners will be released almost immediately under the good-time expansion.
LISA called the BOP’s Designation and Sentence Computation Center in Grand Prairie, Texas, on Dec. 27. DSCC is responsible for making all BOP sentence computation changes. A BOP spokesman said DSCC is still awaiting Dept. of Justice guidance, which he does not expect to receive for two or three weeks. “Until we get direction on what to do,” he said, “nothing is going to happen.”
“We are currently reviewing the new legislation to determine implementation guidance for BOP,” said DOJ spokesman Wyn Hornbuckle. More than 80% of DOJ’s workforce is working through the government shutdown, which began hours after Trump signed the First Step Act. But three-fourths of those people are law enforcement agents, and are unlikely to be busy writing directives for implementation of the law.
“Some families have loved ones who they know would be home tomorrow,” said Kevin Ring, FAMM president, told the Washington Examiner. “People are very concerned about when this is going to get done. Congress has passed this. It’s in effect.”
“We want to be prepared and know what’s going on,” said Steve Henderson, whose brother is serving federal time for a drug case. “When you have an infraction in prison, when they take the time away from you, they calculate it immediately… the next day it is gone,” Henderson said. But now, when “you have people across the country who are supposed to be home, all of a sudden DSCC isn’t answering their phones.”
For some, judging from many of the hundreds of First Step questions LISA received in the last week, the uncertainty is creating real questions about adjustment in the dates they are to go to halfway house. Others, including many already in halfway houses, calculate that they are now past their release dates, yet have no answers from BOP on getting out. At least one inmate, a resident of a Chicago halfway house, filed a pro se 28 USC 2241 motion last week in the U.S. District Court for the Northern District of Illinois, and has a hearing set for later this week.
Angela Stanton King, an ex-inmate who is now a reform advocate, complained to the Examiner, “These are people at the holidays jumping up and down because the bill passed, and then they’re like, ‘Now what are we waiting for?'”
Meanwhile, other media outlets are noting that the lack of retroactivity in all but one of First Step’s sentencing reforms is disappointing. In one of many compromises made by criminal justice reform advocates to win conservative support, changes in so-called 851 enhancements and several other provisions were not made retroactive.
“I’m human and I would have loved to have benefited from the bill, but unfortunately I don’t,” one inmate doing life under 18 USC 3559 told the Guardian from federal prison in Lexington, Kentucky. “I don’t necessarily feel left behind, I just feel [lawmakers] don’t understand what goes on with the… actual humans that their choices and politics affect.”
“I absolutely think that this one is going to be catalytic towards other decarceration campaigns on the local and state level,” said Glenn Martin, an ex-inmate reformer who helped bring dozens of groups together to support First Step. Nevertheless, the lack of retroactivity on a majority of the sentencing reforms was “a tough pill to swallow.”
“It’s one of the concessions that hurts the most,” said Martin. “It’s about fairness, and yet there’s this group of people who continue to be harmed because of the lack of retroactivity.”
Washington Examiner, Prisoners due for release under First Step Act stuck in limbo (Dec. 28)
The Guardian, Current inmates feel left behind by Trump’s criminal justice reform bill (Dec. 22)
– Thomas L. Root
I am in Chicago halfway house & with the 7 days I would be done with my sentence on 3-25-19. I am already within my home confinement date of 12-23-18. I have alreay completed over 13 years, am 67 $ & am eligible for SS the day I am out of halfway house! The RRC’s cannot release anyone until BOP DSCC provides them with a new date. My release residence is already APPROVED by both RRC & PO. While incarcerated I was a Jail House Lawyer, and can tell you BOP does NOT move quickly evev with a court ordered reduction in sentence. I had two recent court’s reduce sentences pursuant 3582(c) filings and BOP DSCC took over 3 months to reduce these court ordered reductions! Moreover, the effective date of specific provisions are spelled out in the bill and legislative intent would be obvious…to wit: everything is immediately effective unless stated otherwise. Further, there is no need for Risk Assessment for those already in or designated for RRC, they are already determined under all not unreasonable stadards not to be a risk upon reentry into their desgnated community. COMMENTS?
My son has been in 11 years without his good time,he was sentenced 10 years o. A plea deal,which he was to appeal. He did not appeal,but has done his time. Jason Beckham 60928019 when will he be released???