We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.
WHO’DA THOUGHT?
The First Step Act set a hard deadline of 210 days after passage – July 19, 2019 – for recalculating the 7-days-a-year extra good time and for Dept of Justice to adopt a new risk assessment program to be used by the BOP.
Now, against the odds, the Attorney General says DOJ and BOP will meet the July 19 deadline for extra good time and adoption of a risk assessment system, despite DOJ blowing the deadline for setting up a risk assessment committee last winter because of the government shutdown.
USA Today and the AP both report that DOJ is expected to lay out the risk assessment rules on July 19, as required by First Step.
Adoption of the risk assessment program is critical, because once it is in place, the BOP then has six months to roll out the programs it identifies as like to reduce recidivism. Eligible inmates taking those programs will earn additional good time at the rate of from 10 to 15 days a month.
No one yet knows what programs will be eligible, but First Step encourages the BOP to be expansive, maybe even including some kinds of inmate employment. Every day I hear from people wondering whether ACE (adult continuing education) or required GED classes or UNICOR employment or even prison orderly jobs will earn extra good time. No one yet knows. But with the risk assessment program in place, the BOP will begin to identify what will and will not count.
July 19th reportedly will see release of about 2,200 additional federal inmates based on the 7-days-a-year good time being awarded for every year of one’s sentence. Fox News reported last Monday that July “will see the largest group to be freed so far under a clause in the First Step Act that reduces sentences due to “earned good time.” In addition to family reunification, the formerly incarcerated citizens, 90 percent of whom have been African-American, hope to get employment opportunities touted by Trump last month at the White House as part of the “Second Chance” hiring program.”
All is not roses with the earned time program, however. FAMM president Kevin Ring said last week that more attention and money is needed to support the new programs. FAMM is also unhappy that a long list of inmates, including those convicted of terrorism, sex crimes, some gun offenses, some fraud crimes and a few drug offenses will be excluded from qualifying for earned time credits. “There is going to be some frustration,” Ring said.
Acting BOP Director Hugh Hurwitz also acknowledged that the exclusions represent a looming inmate management test for prison staffers. “How do you manage inmates who are getting the credits and those who are not? That will be a challenge as we roll this out,” Hurwitz said.
The roll-out comes at a time when the BOP is grappling with persistent staffing shortages. To make up for a shortage of COs, officials have ordered teachers, nurses, kitchen workers and other staffers to serve as correctional officers. The practice, known as augmentation, draws staff away from the kinds of programs that officials are now touting.
Newly-installed Deputy Attorney General Jeffrey Rosen, who toured FCI Englewood last week, admitted First Step provisions “will put additional demands” on prison staffers. He told USA Today that DOJ was reviewing staffing across the BOP, but he believed that current personnel levels were not jeopardizing safety.
“Everyone who is trained to work at a federal prison learns to participate in the security role,” Rosen said. “But we’re looking at that and plan to do whatever makes sense.”
A number of advocates, however, have called for stronger oversight of the implementation by both BOP and the AG’s office, and for more funding. “We have concerns it might not be implemented appropriately,” said Inimai Chettiar, legislative and policy director at the Justice Action Network.
USA Today, Roofing, paving, artisanal bread: Feds look to kick-start law that will free hundreds of inmates (July 11)
Aiken Standard, A.G. William Barr, Sens. Graham, Scott laud First Step Act during Edgefield prison visit (July 12)
Associated Press, Around 2,200 federal inmates to be released under reform law (July 13)
Fox News, Thousands of ex-prisoners to reunite with their families this month (July 8)
– Thomas L. Root