We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.
C’MON, PEOPLE…
The Old Farmer’s Almanac reports that the full moon doesn’t happen until the end of the week, so I am unsure what accounts for the email box blowing up with rumors straight from inmate.com. Perhaps the Ides of March? They sure didn’t work for Julius Caesar.
Email 1: “Have you heard any talk about the FBOP or DOJ giving an extra 54 days good time for any reason. From what I understand nothing new has been done but inmate.com is spreading rumors and would like to hear from the expert.”
Email 2: “There is a rumor going around that the bop is giving an extra 54 days to all inmates come March 14 and that all inmates are getting a year off their sentence due to the covid pandemic. Is there any truth to this rumor?”
Email 3: “How true is it that in some institutions they are giving 10 months of your sentence due to covid-19 lockdowns?”
Answer: Nope, nope, nope… President Biden is more likely to appear at a press conference dressed in a leprechaun suit than the government is to grant extra good time for COVID. First, neither the Dept of Justice nor the Federal Bureau of Prisons has the power to award more good-conduct time. The 54 days a year is set by Congress in 18 USC § 3624(b)(1). The rumor that either agency will do so is dead wrong.
Second, none of the bills getting any consideration by House or Senate committees proposes more blanket good time because of COVID or for any other reason.
Email 4: “What RIGHTS ‘got’ passed IN CONGRESS last night?”
Email 5: “I heard Congress is supposed to be voting on something in late Spring, sometime in June, do you know if that’s Equal Act/Criminal Justice Reform?”
Congress votes on things all the time. It just passed a $1.5 trillion spending bill last week. But nothing has been passed on criminal justice reform by the entire Congress in its 14 months of existence. The House did pass the EQUAL Act – which would reduce punishments for crack cocaine to equal those for powder cocaine – but that bill’s stalled in the Senate. Right now, nothing is scheduled for floor time in the House or Senate on criminal justice reform (although that does not mean something won’t be in the future).
Time magazine last week ran a mostly complimentary article about Biden’s criminal justice accomplishments. But even it admitted that his efforts have fallen short: “The President said that he would revamp clemency power and use it for non-violent offenders and those incarcerated on drug crimes; Biden has not commuted or pardoned anyone so far. The US Sentencing Commission, which helps govern and address disparities in federal cases, currently has six open seats; Biden has not nominated anyone for the commission. Reducing the prison population was supposed to be another priority in Biden’s administration; there has not been much follow-through on that: The prison population is at around 1.8 million and while there was a period of decarceration at the start of the COVID-19 pandemic, that has since stalled.”
The article mentioned Biden’s failure to push the George Floyd Policing Act through the Senate, but did not even note the stalled EQUAL Act, MORE Act, or First Step Implementation Act – all of the highest-profile reform bills now pending in Congress.
With the midterm elections coming up this fall – where all of the House of Representatives and one-third of the Senate is up for re-election – crime is going to be a major issue, and the Democrats are nervous. That usually means that the kinds of issues important to federal prisoners – retroactivity, EQUAL Act, marijuana reform, fixing First Step – are unlikely to be brought to a vote, because incumbents don’t want to take a stand they might have to defend on the hustings.
Finally, Email 5: “Over 65 yrs old can release immediately, is it true?”
Oh, c’mon, people…
Time, Criminal-Justice Reform Was a Key Part of President Biden’s Campaign. Here’s How He’s Done So Far (March 7, 2022)
Washington Post, In San Francisco and elsewhere, Democrats fight Democrats over where they stand (February 17, 2022)
– Thomas L. Root