We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.

MORE EVIDENCE THAT THE 7-DAY EXTRA GOOD TIME IS UPON US

Since the blunder in last December’s First Step Act that delayed the immediate application of its 7-days-extra “good time” fix, people had been hoping to fix the error so that the extra good time could be immediately applicable (as Congress intended). As long back as January, I predicted Congress was disinclined to return to First Step to repair the mistake.

The good-time “fix” was thisEnough time has passed that the date on which the “good time” fix is very likely to kick in (July 19, assuming the Attorney General complies with a key deadline in the Act) is a little more than five weeks away. Last week, there was more evidence that the Administration plans to meet that deadline.

The Marshall Report reported that the “White House is racing to help an estimated 2,200 federal prisoners line up work and housing before they are released next month, according to several policy experts and prisoner advocates who have been involved in the effort.”

Marshall’s sources said that the prisoners scheduled to be let out in July are the largest group to be freed so far: “Their sentences are being reduced thanks to a clause that goes into effect next month…”

The report said that the bipartisan group of First Step supporters that pushed for the new law are “concerned that the inmates aren’t adequately prepared to land jobs, find housing or obtain transportation from prison to the places they will now live. Much of that help was supposed to come through programs within the First Step Act, but Congress has not yet funded the five-month-old law, and the Department of Justice has so far failed to allocate significant funding from its budget for it.”

The concern is not academic. If the people released after First Step passed fail on the outside, future criminal justice reforms could be imperiled. Sentencing Commission studies show that 45% of people released from federal prison go back within five years. If First Step program do not reduce that number, the hardliners who love harsh mandatory minimums could have their day once again.

I have heard from a number of inmates that the BOP has already recalculated time for people who are likely to be released immediately because of the change.  Because it is so difficult to verify anecdotal evidence, even from sources who are detailed in their reports, I do not rely on the reports. However, what I have heard is not at all inconsistent with published reports that the adjustment wi

The Marshall Project, White House Pushing to Help Prisoners Before Their Release (June 5)

Sentencing Law and Policy, Curious (but still encouraging) discussion of expected release of prisoners after FIRST STEP Act “good time” fix becomes operational (June 5)

– Thomas L. Root