07 July 2011 - Update: 21 July 2012: ACT NOW!

The Department of Justice’s Federal Bureau of Prisons (BOP) is responsible for the custody and care of federal offenders. BOP’s population has increased from about 145,000 in 2000 to about 217,000 in 2011 and BOP is operating at 38 percent over capacity. There is no longer parole for federal offenders and BOP has limited authority to affect the length of an inmate's prison sentence. BOP has some statutory authorities and programs to reduce the amount of time an inmate remains in prison, which when balanced with BOP’s mission to protect public safety and prepare inmates for reentry, can help reduce crowding and the costs of incarceration. See: http://www.gao.gov/products/GAO-12-320

Second Chance Reauthorization Act (S.1231), currently in Committee, which would amend Section 3624 of title 18, United States Code, to, inter alia:

- Increase good time "at the rate of 54 days per year of sentence imposed;" and
- Credit towards a sentence up to 60 days a year for an inmate who successfully participates in a program that has been demonstrated to reduce recidivism; and
- Additionally, SEC. 4. FEDERAL REENTRY IMPROVEMENTS, amends Second Chance Act of 2007, Section 231(g), Elderly Release provisions, broadening the scope of inmates who qualify by reducing the age limit from 65 to 60, or 75% of (the greater) of 'imprisonment to which the offender was sentenced.'

See: http://www.fedcure.org/documents/S.1231SCRA2011.shtml

Elderly Offender Pilot Program - 42 U.S.C. § 17541(g):

The Attorney General was required to conduct a pilot program during fiscal years 2009 and 2010 to determine the effectiveness of removing eligible elderly offenders from a BOP facility and placing such offenders on home detention until the expiration of the prison term to which the offender was sentenced.

According to BOP officials, those and other evaluation findings and the cost of the program led BOP to discontinue its use in 2005.

Elderly Offender Pilot Program: Authorization for BOP’s elderly offender home detention pilot program expired in September 2010. Generally, the 2-year pilot program enabled BOP to transfer to home detention inmates who were at least 65 years old, had served at least 10 years and 75 percent of their non-life sentences, had no history of violence, sexual offenses, or escape or attempted escape from a BOP institution, and who BOP determined would be of no substantial risk of engaging in criminal conduct or endangering any person or the public if released and with respect to whom BOP had determined that release to home detention will result in a substantial net reduction of costs to the federal government. 56

During the program, a mere 71 inmates were transferred to home detention.

The statute requires the Attorney General to monitor and evaluate each eligible elderly offender placed on home detention, and report to Congress concerning the experience with the program. According to BOP officials, this report has not been completed. We have ongoing work looking at the results and costs of the pilot in more detail, which we will report on later this year.

FedCURE's Proposed Amendments To S.1232, SEC. 4.

FEDERAL REENTRY IMPROVEMENTS

SECOND CHANCE REAUTHORIZATION ACT OF 2011

To wit:

SEC. 4. FEDERAL REENTRY IMPROVEMENTS.

(a) Responsible Reintegration of Offenders- Section 212 of the Second Chance Act of 2007 (42 U.S.C. 17532) is repealed.

(b) Federal Prisoner Reentry Initiative- Section 231 of the Second Chance Act of 2007 (42 U.S.C. 17541) is amended--

(1) in subsection (g)--

(A) in paragraph (3), by striking `carried out during fiscal years 2009 and 2010' and inserting `carried out during fiscal years 2012 through 2016'; and

(B) in paragraph (5)(A)(i), by striking `65 years' and inserting `60 years';

(C) in paragraph (5)(A)(ii), by striking 'greater' and inserting 'lesser' and by stiking 'imprisonment to which the offender was sentenced' and inserting 'sentence imposed, excluding a sentence of 99 years or more';

(2) by striking subsection (h);

(3) by re-designating subsection (i) as subsection (h); and

(4) in subsection (h), as so re-designated, by striking `2009 and 2010' and inserting `2012 through 2016'.

END.

FedCURE Talking Points:

In Support of FedCURE's Proposed Amendment to S.1232, SEC. 4.

FEDERAL REENTRY IMPROVEMENTS

The Federal Bureau of Prisons is operating at 38% over capacity and 138%over rated capacity A 10% reduction in the federal prison population would save taxpayers $1.2 billion dollars per year.

The President's Budget for FY 2012 & FY 2013, includes millions of dollars in offsets for a proposed legislative initiative that would allow additional Good Conduct Time for inmates, as well as for general administrative efficiencies.

FY 2013, DOJ/FBOP: In its fiscal years 2012 and 2013 budget request, the Department submitted proposals to amend Section 3624 of title 18, United States Code--the statutory law relating to federal inmate good conduct time--to 54 days for each year of the prisoner's sentence imposed by the court; to provide inmates additional incentives to encourage positive behavior and save $41,000,000 during the fiscal year. The proposals seek to amend Section 3624 of title 18, United States Code; and amend administrative policy under 18 U.S.C. 4205 (g) and 18 U.S.C. 3582 (c) (1) (A), so BOP could release more inmates in FY 2013, saving $3.154 million.

The two proposals were not enacted as the House denied the offset and chastised the BOP for making unrealistic legislative proposals. See: FedCURE bookmarked and highlighted House Report: http://www.fedcure.org/documents/Aappropriations.house.gov_CJS-FY13-FULL_COMMITTEE_REPORT.pdf. Id., at p.48-49.

Only a mere 71 federal inmates of the 210,000+ federal inmate population entered the Elderly and Family Reunification for Certain Nonviolent Offenders Pilot Program, during the two years of the operation of the program pursuant to Sec. 231(g).

During that period and to date there have been no failures; and the program demonstrates that qualifying inmates can be safely released to home confinement with no increased threat to public safety.

Wherefore, a lowering of the threshold requirement in Section Sec. 231(g)(5)(A)(i)-(ii) of Second Chance Act's-. Federal prisoner reentry initiative--Elderly and Family Reunification for Certain Nonviolent Offenders Pilot Program would substantially increase the number of inmates who would qualify under the Act, Federal Bureau of Prisons policy and procedures and current case law, resulting in cost saving with no increased threat to public safety.

Bipartisan Support: Republican's (www.RightOnCrime.com) and Democrat's (http://www.besmartoncrime.org) and members of Congress agree that the current prison system is way so ineffective and that we have been wrong on crime for the past 28 years. It has been a escalating burden on taxpayers who are footing the bill for more prisons. The penal model enacted by Public Law 98-473 (Sentencing Reform Act of 1984) of "incapacitation" in lieu of "rehabilitation and reentry" has failed miserably. We can and must do better.

    Our economic crisis is due in part to the state of our judicial system where so many first time non violent offenders are given draconian sentences and no means to redeem themselves. Once in the prison system, elderly offenders, more often then not require increased medical care, whereas, the bureau is alleviated of the financial burden during home confinement of an offender.

    Americans want to see results, not stiffer sentences and run-a-way costs.  We can change they way the judicial system enforces punishment and how inmates serve their time in a way that would benefit both the inmate and society.  FedCURE's Sec. 231(g) Amendment would benefit the following:

* The Sec. 231(g) Amendment allows the Federal Bureau of Prisons to maintain correctional worker staffing and help relieve overcrowding of prisons.

* The Sec. 231(g) Amendment is a costs savings measure.

* Data evinces that releasing up to 10% of the federal prison population pursuant to existing Federal Bureau of Prisons policy and procedures poses no risk increased to public safety.

* The Sec. 231(g) Amendment applies to non-violent offenders; and would exclude the most egregious offender such as a 'Madoff', by excluding an offender with a sentence of 99 years or more from any possible release.

* Elderly release, under the Sec. 231(g) Amendment would not be automatic and all other existing qualifications of Second Chance Act apply.

* The average cost to house an over 60 inmate for 12 months is almost $40,000.00 vs. $21,000.00, or less, on home confinement. Costs rise significantly for all inmates over age 60 and nearly double or quadruple for inmates with serious medical issues.

* Many inmates have family health-care coverage from their spouse and or families. Some have private health insurance they continue to pay for their family while incarcerated.

* The BOP has been triple bunking because of lack of bed space, which heightens tensions and makes it more dangerous for both staff and inmates.

* The Federal Bureau of Prisons (FBOP) is the largest police force in the United States. The AFGE.org, the FBOP's labor union, is battling on the Hill to add 15,000 correctional officers because of safety concerns due to overcrowding and budget cuts. Both Republicans and Democrats agree that building additional bed space in prisons will not resolve the systemic issues of the prison system. Evidence reveals that we can not build our way out of the situation.

Federal Sentencing data collected, post Sentencing Reform Act of 1984 (over 28 years) provides the gold standard of evidence on what works and what does not; and when is the proper time to release an offender from a sentence while posing no risk to public safety.

Releasing a federal inmate 'who is not less than 60 years of age and has served the lesser of 10 years or 75 percent of the sentence imposed, excluding a sentence on 99 years or more' is both right and smart on crime.

Support S.1231: http://pvox.co/7y7eot

Download Talking Points: http://www.fedcure.org/documents/FedCURE~ProposedAmendmentsS.1232,%20SEC.%204-Sec.231(g)SCA-070711.pdf

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Also see, FedCURE Report: http://www.fedcure.org/documents/FedCURE-Report-TheState-of-ReductionInSentenceInitiativesForFederalOffenders-140512.pdf

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