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FedCURE Report
 
  State of Reduction In Sentence Initiatives For Federal Offenders
 
Increased Good Conduct Time  |  Special Programming Credits  |  Elderly Release  |  Compassionate Release Program
 
 
14 May 2012
 
 
The current landscape of the state of reduction in sentence initiatives for federal offenders is set out below in five (5) pending legislative devices and or proposals seeking to reduce federal prison sentences, inter alia, to increase amount of good conduct time credits for federal inmates above the current credit of 47 days per year, awarded after serving each year of a term of imprisonment; credits for special programming; early release for elderly inmates; and reduction in sentence for extraordinary reasons. 
 
 
  1.  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.'
 
  2.  H.R.  2343 - Literacy, Education, and Rehabilitation Act (LERA), currently in Subcommittee on Crime, Terrorism, and Homeland Security, which would amend Section 3624 of title 18, United States Code, to, inter alia:
    • Increase good time to 54 days for each year of the prisoner's sentence imposed by the court; and
    • Credit toward the service of the prisoner's sentence, in addition to any other credit received, beyond the time already served, of up to 60 days a year.
 
3. FY 2013, DOJ/FBOP:  In its fiscal years 2012 and 2013 budget request, the Department submitted two proposals to amend the statutory law on Federal inmate good conduct time 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), saving $3.154 million, to, inter alia:
    •   To 54 days for each year of the prisoner's sentence imposed by the court.
    •   The two proposals were not enacted by the House.
    •   The proposal would also amend current BOP administratively established policies, so BOP could release more inmates in FY 2013.  
   The two proposals were not enacted.  The House denied the offset and chastised the BOP for making unrealistic legislative proposals.  Id., at p.48-49.
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.  
 
See: FedCURE bookmarked and highlighted FBOP PREFORMANCE/BUDGEThttp://www.fedcure.org/documents/FBOP_FY-2013-PERFORMANCE-BUDGET-JustificationCongressSubmission-FedCURE.pdfId., at p. 12-13, 16, 81.
 
See: FedCURE bookmarked and highlighted FBOP Justification/Buildings: http://www.fedcure.org/documents/FBOP_FY-2013-CONGRESSIONAL-BUDGET-Buildings&Facilities-Justification.pdf
 
 
4.  BARBER AMENDMENT:  A proposal to introduce a bill to retroactively Increase Good Time for federal offenders to 128 days a year, to wit:
    • BARBER AMENDMENT:   Title 18 U.S.C. § 3624(b)(1) is amended as follows: by striking the number "54" in the first sentence as it appears and inserting in lieu thereof the number "128"; and in the same sentence, by striking "prisoner's term of imprisonment" and inserting in lieu thereof "term of sentence imposed" . This Amendment is retroactive. [END].
 
5.  H.R.223 ~ Federal Prison Bureau Nonviolent Offender Relief Act of 2011,  currently in Subcommittee on Crime, Terrorism, and Homeland Security, which would amend Section 3624 of title 18, United States Code, to, inter alia:
    • Early Release for Certain Nonviolent Offenders- Notwithstanding any other provision of law, the Bureau of Prisons, pursuant to a good time policy, shall release from confinement a prisoner who has served one half or more of his term of imprisonment (including any consecutive term or terms of imprisonment) if that prisoner--

          `(1) has attained the age of 45 years;

          `(2) has never been convicted of a crime of violence; and

          `(3) has not engaged in any violation, involving violent conduct, of institutional disciplinary regulations..

Appropriations Bill FY 2013

- FEDERAL PRISON SYSTEM BUDGET -

Congressional News

appropriations.house.gov

Republican Appropriations Committee
Contact:



House Passes Fiscal Year 2013 Commerce, Justice, Science Appropriations Bill

Legislation will promote American competitiveness and innovation; help keep families and communities safe


Washington, May 10 - 2012

The U.S. House of Representatives today approved the fiscal year 2013 Commerce, Justice, Science (CJS) Appropriations bill (H.R. 5326), which funds the Department of Commerce, the Department of Justice, the National Aeronautics and Space Administration (NASA), the National Science Foundation (NSF), and other related agencies for the next fiscal year.

In total, the legislation contains $51.1 billion in funding for these agencies, which is $1.6 billion below last year’s levels and $731 million below the President’s request for these programs.

“This legislation funds important programs at adequate, responsible levels while cutting spending. Not all of these decisions were easy to make, and I am proud of the work that my Committee has done to ensure efficiency and sustainability in these federal budgets,” House Appropriations Chairman Hal Rogers said.

“We have worked hard to determine the best use of limited tax dollars that we must spread out over a great number of vital federal programs, services and agencies. As a result, the bill passed today funds federal programs that will help protect our people from threats at home, abroad, and in cyber-space; maintain the competitiveness of American industry and businesses; and encourage scientific research that will keep America at the forefront of the world in innovation,” Rogers continued.

“The bill passed today reflects a delicate balancing of needs and requirements. We have focused limited resources on the most critical areas: fighting crime and terrorism – including a new focus of preventing and investigating cyberattacks – and boosting U.S. competitiveness and job creation by investing in science, export promotion, and manufacturing programs. I’m proud that since the beginning of the 112th Congress, my subcommittee has cut $13.2 billion, reducing the total amount of the CJS bill by over 20 percent over the three fiscal years,” CJS Subcommittee Chairman Frank Wolf said.

The fiscal year 2013 Commerce, Justice, Science and Related Agencies Appropriations bill was approved by the House on a 247-163 vote.

For a list of adopted amendments to H.R. 5326, please visit: http://appropriations.house.gov/UploadedFiles/05.10.12_FY_13_CJS_Floor_Adopted_Amendments.pdf

House Report. 
See:
FedCURE bookmarked and highlighted pdf:  http://www.fedcure.org/documents/Aappropriations.house.gov_CJS-FY13-FULL_COMMITTEE_REPORT.pdf

Article Source:  http://appropriations.house.gov/News/DocumentSingle.aspx?DocumentID=294991




appropriations.house.gov

Republican Appropriations Committee
Contact:



Appropriations Committee Approves the Fiscal Year 2013 Commerce, Justice, Science Appropriations Bill


Washington

Apr 26 - 2012

The House Appropriations Committee today approved the fiscal year 2013 Commerce, Justice, Science (CJS) Appropriations bill. The bill funds the Department of Commerce, the Department of Justice, the National Aeronautics and Space Administration (NASA), the National Science Foundation (NSF), and other related agencies.

In total, the legislation contains $51.1 billion in funding. This is a reduction of $1.6 billion below last year’s level, and $731 million below the President’s request for these programs.

“The bill approved today makes responsible funding decisions to prioritize programs that fund our federal law enforcement to protect our people at home and abroad, programs which maintain the competitiveness of our businesses and industries, and scientific research to ensure America leads the world in innovation,” House Appropriations Chairman Rogers said.

At the same time, this bill saves taxpayer dollars – it represents a funding level that is below what was spent in 2008 – by rooting out a number of extraneous or duplicative programs. These cuts were certainly not easy, but given the very real fiscal realities, they are necessary if we are to grow our economy and create an environment for job growth,” Rogers continued.

“This bill is a reduction of 3 percent below the current fiscal year and 1.4 percent below the President’s request. Since the beginning of the 112th Congress, this Subcommittee has cut $13.2 billion, reducing the total amount of this bill by 20% over three fiscal years,” CJS Subcommittee Chairman Frank Wolf said.

“This year, we have focused limited resources on the most critical areas –fighting crime and terrorism, including a new focus preventing and investigating cyber-attacks; and boosting U.S. competitiveness and job creation by investing in science, exports and manufacturing,” Wolf continued.

The following amendments were approved today by the Committee:

Rep. Wolf: The amendment makes technical changes to the bill and report, as well as adjustments and additions to various non-controversial language provisions. The amendment was approved on a voice vote.

Rep. Carter: –The amendment prohibits funding for the Justice Department to implement a regulation that would impose new, unnecessary, and costly ADA rules related to permanent swimming pool lifts. The amendment passed on a voice vote.

Rep. Kingston: The amendment prohibits funding for the Equal Employment Opportunity Commission to implement, administer, or enforce a regulation that would make it more difficult for companies to defend against age discrimination lawsuits. The amendment passed on a voice vote.

Rep. Rehberg: The amendment prohibits funding for an unauthorized reporting and registration requirement —proposed by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) – on the sale of multiple rifles to the same person in various border-states. The amendment passed on a vote of 30-19.

Rep. Flake: The amendment adds report language encouraging the retention of graduate level science and technology students in the U.S. to maintain and encourage economic competitiveness. The amendment passed on voice vote.

The FY 2013 Commerce/Justice/Science and Related Agencies Appropriations bill was approved by the Full Committee on a voice vote.

For the text of the legislation considered today by the Appropriations Committee, please visit:

http://appropriations.house.gov/UploadedFiles/BILLS-112HR-SC-AP-FY13-CommerceJusticeScience.pdf

For the accompanying bill report, please visit:  http://appropriations.house.gov/UploadedFiles/CJS-FY13-FULL_COMMITTEE_REPORT.pdf


COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS BILL, 2013

HOUSE REPORT 112-___

FEDERAL PRISON SYSTEM

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

[Excerpt from House Report, as it relates to the Federal Prison System]

The Committee recommends $6,820,217,000 for the salaries and expenses of the Federal Prison System, which is $268,936,000 above fiscal year 2012 and the same as the request.

Reentry research and reforms.—The Committee continues its efforts to understand and address the drivers of overcrowding, costs and recidivism. The Committee directs the Bureau of Prisons (BOP) to undertake a comprehensive analysis of its policies and determine the reforms and best practices that will help reduce costs and recidivism. The Committee is aware that most State corrections systems began their reform process by providing outside experts with corrections data in order to obtain a comprehensive analysis. The Committee encourages the Director to share additional corrections data with outside experts in order to build upon prior efforts.

In addition, the Committee directs the BOP to report to the Committee not later than 60 days after the enactment of this Act on successful State-level reforms that have the potential to be adapted to the Federal prison system in order to reduce recidivism and the costs of incarceration. Such report shall distinguish between reforms that could be implemented under existing Department authority and reforms that would require statutory changes in order to be implemented.

Sentence reduction opportunitiesIn its fiscal year 2012 budget request, the Department submitted two proposals to amend the statutory law on Federal inmate good conduct time to provide inmates additional incentives to encourage positive behavior and save $41,000,000 during the fiscal year. The two proposals were not enacted.  For fiscal year 2013, the Department again included the proposals in its request and built a $41,000,000 offset into its request. The Committee expects that the BOP will not base its future budget requests on the assumption of significant savings from unrealistic legislative proposals. The Committee expects the BOP to find alternative ways to accomplish savings and operate within the budget request.

Growth in inmate population.—The recommendation supports the anticipated growth in the inmate population by completing the activation of two prisons and starting the activation of an additional two newly constructed prisons.

Contract confinement.—The recommendation supports the requested program increase of $25,865,000 for 1,000 low security contract confinement beds. The Committee expects the BOP to meet bed space needs using State, local and private prison capacity, if these facilities meet the BOP’s standards, as a means to control overcrowding.

Inmate data.—The Committee encourages the National Institute of Corrections to recommend best practices for State corrections agencies to develop, maintain, and update inmate home address data.

BUILDINGS AND FACILITIES

The Committee recommends $90,000,000 for the construction, acquisition, modernization, maintenance, and repair of prison and detention facilities housing Federal inmates, which is the same as fiscal year 2012 and $9,189,000 below the request.

Construction.—Although the BOP anticipates activating up to seven new prisons by fiscal year 2018, it will be unable to maintain that schedule without significant new construction appropriation requests in fiscal years 2014 and beyond. The Committee has already provided initial appropriations for the construction of four new prisons, which the Department proposed to rescind. Due to inmate population and overcrowding growth estimates, the Committee encourages the BOP to include funding for construction in future requests. In addition, the Committee directs the BOP to continue to provide a monthly status of construction report, and to notify the Committee of any deviation from the construction and activation schedule identified in those reports.   .   .   .

(Highlighted emphasis is FedCURE).

See: FedCURE bookmarked and highlighted House Report: http://www.fedcure.org/documents/Aappropriations.house.gov_CJS-FY13-FULL_COMMITTEE_REPORT.pdfId., at p.48-49.

SOURCE:  http://appropriations.house.gov/UploadedFiles/CJS-FY13-FULL_COMMITTEE_REPORT.pdf

 

A summary of the FY 2012 CJS bill can be found here: http://appropriations.house.gov/news/DocumentSingle.aspx?DocumentID=290672

###

ORIGINAL SOURCE:  http://appropriations.house.gov/News/DocumentSingle.aspx?DocumentID=292740




A summary of the FY 2012 CJS bill

appropriations.house.gov

Republican Appropriations Committee
Contact:



Appropriations Committee Releases Fiscal Year 2013 Commerce, Justice, and Science Appropriations Bill

Updated -4/25/2012


Washington, Apr 18 - 2012

The House Appropriations Committee today released the fiscal year 2013 Commerce, Justice, Science (CJS) Appropriations bill, which will be considered in subcommittee tomorrow. The bill funds the Department of Commerce, the Department of Justice, the National Aeronautics and Space Administration (NASA), the National Science Foundation (NSF), and other related agencies.

In total, the legislation contains $51.1 billion in funding. This is a reduction of $1.6 billion below last year’s level, and $731 million below the President’s request for these programs.

“Given this time of fiscal crisis, it is important that Congress make tough decisions to cut spending where necessary to give priority to programs with broad national reach that have the most benefit to the American people. This legislation includes funding for some of the most critical aspects of government – the protection of our people here at home, the competiveness of our businesses and industries, and the scientific research that will help America continue to lead the world in innovation,” House Appropriations Chairman Hal Rogers said.

“From bolstering the trade of U.S. goods abroad to promoting science research that will spur innovation for years to come, this legislation will help strengthen our economy, increase competitiveness, and create an environment for American businesses to grow. And, through funding of important law enforcement activities, this bill will help keep American citizens and communities safe, while at the same time protecting the rights of individual citizens to protect themselves,” Rogers continued.

“This legislation builds on significant spending reductions achieved in last year’s bill, while continuing to preserve core priorities. Those priorities continue to be job creation, fighting crime and terrorism, with a greater focus on cyber-security; and boosting U.S. competitiveness through smart investments in science. This bill makes job creation a top priority by maintaining and expanding the manufacturing and job repatriation initiatives, while increasing resources for trade enforcement against foreign competitors who are violating trade agreements. It also includes a significant focus on expanding the FBI’s cyber-security efforts and on protecting U.S. networks from foreign espionage and cyber-attacks,” CJS Subcommittee Chairman Frank Wolf said.

Bill Highlights:

Department of Commerce – The bill includes $7.7 billion for the Commerce Department – an increase of $96 million or 1.3% above fiscal year 2012, and $280 million or 3.5% below the President’s request. This includes funding for the following agencies:

  • International Trade Administration (ITA) – The ITA administers and enforces U.S. trade laws, and protects U.S. interests and competitiveness abroad. The ITA is funded at $468 million in the legislation -- $3 million above fiscal year 2012. The additional funds will support high priority initiatives to boost U.S. exports and strengthen trade enforcement.
  • Patent and Trademark Office (PTO) – The bill provides $2.9 billion for the PTO, which is equal to the requested level, and equal to the estimated amount of fees to be collected by the PTO during fiscal year 2013. It is an increase of $255 million or 9.5% above fiscal year 2012.
  • National Institute of Standards and Technology (NIST) – NIST is funded at $830 million in the bill, which is $79 million above fiscal year 2012 and $27 million below the President’s request. Within this total, important core research activities to help advance U.S. competitiveness, innovation, and economic growth are increased by $54 million above fiscal year 2012. In addition, the bill includes $128 million for the Manufacturing Extension Partnership program – which provides training and technical assistance to U.S. manufacturers – and $21 million for an Advanced Manufacturing competitive research initiative.
  • National Oceanic and Atmospheric Administration (NOAA) – The legislation contains $5.0 billion for NOAA, which is $68 million above fiscal year 2012 and $93 million below the President’s request. Within this total, National Weather Service operations and systems are funded at $22.3 million above the requested level, and $916 million, the full request, is included for the Joint Polar Satellite System weather satellite program to ensure the continuation of important weather data collection. These weather programs are essential to maintain and improve weather forecasting to warn communities about potentially devastating natural disasters.
  • Census Bureau – The Census Bureau is funded at $879 million in the bill, which is a cut of $10 million below fiscal year 2012.
  • Economic Development Administration (EDA) – The bill includes $220 million in funding for the EDA – $38 million below fiscal year 2012. This includes $5 million in grant funding to attract U.S. jobs that have gone to other countries back into the U.S., and $5 million in loan guarantees to help advance innovative manufacturing technologies.

Department of Justice (DOJ) – The bill funds DOJ at $27 billion, an increase of $11 million above fiscal year 2012 and $44 million below the President’s request. This funding level will provide for the continuation of critical investigation and prosecution activities at DOJ to keep families and communities safe, while trimming spending in lower priority areas – such as a cut of $118 million in unnecessary overhead and administrative costs at the DOJ.

  • Federal Bureau of Investigation (FBI) – The bill includes $8.3 billion for the FBI – an increase of $148 million above fiscal year 2012 and $34 million above the request. This includes increases for national security programs, investigations of cyber-attacks and violent crime and gang reduction programs.
  • Drug Enforcement Administration (DEA) – The DEA is funded at $2.4 billion in the legislation, an increase of $50 million over fiscal year 2012 and $7 million below the President’s request. This includes an increase of $31 million for regulatory and enforcement efforts to combat prescription drug abuse, and $12.5 million (by transfer) to assist states and communities with hazardous material clean-up at meth lab sites.
  • Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) – The legislation contains $1.2 billion for the ATF, $1 million above fiscal year 2012 and the same as the request. To help protect individual rights, the bill continues a number of funding prohibitions related to firearms regulation. It also includes a prohibition on transfers of firearms to known members of drug cartels.
  • U.S. Marshals Service – The Marshals Service is funded at $2.8 billion in the bill, including $1.65 billion for Federal prisoner detention, an increase of $67 million above fiscal year 2012.
  • Federal Prison System – The Bureau of Prisons is funded at $6.9 billion, which is an increase of $269 million above fiscal year 2012 and the same as the request. This funding will activate completed prisons to ensure safe and adequate facilities to house the nation’s criminal population. The bill also prohibits funding for construction or acquisition of a prison within the U.S. to house Guantanamo detainees.
  • General Legal Activities - The bill freezes funding for General Legal Activities. As in FY12, the bill reflects the fact that resources to support the defense of the Defense of Marriage Act and any associated litigation are no longer necessary under this account. Instead, the cost burden for appropriately defending this Federal statute has fallen to the House of Representatives.
  • Grant Programs – The bill includes a total of $1.85 billion for various grant programs, $378 million below fiscal year 2012, to be allocated to the highest priority programs with national reach and broad purposes.

    Within the total, Violence Against Women programs are increased by $2.5 million, and Victims of Trafficking grants are increased by $3 million above fiscal year 2012 and the President’s request. Missing and exploited children programs are funded at $2 million above fiscal year 2012. Byrne Justice Assistance Grants are funded at $370 million, the same as fiscal year 2012. The bill also includes $72.5 million for Community Oriented Policing Services (COPS) programs, and $165 million for the State Criminal Alien Assistance Program (SCAAP).

National Aeronautics and Space Administration (NASA) – NASA is funded at $17.6 billion in the bill, which is $226 million below fiscal year 2012 and $138 million below the President’s request. This funding includes:

  • $3.7 billion for Exploration – $59 million below fiscal year 2012. This includes funding to keep NASA on schedule for upcoming Multi-Purpose Crew Vehicle and Space Launch System flight milestones and to maintain progress in a reconfigured commercial crew program.
  • $4 billion for Space Operations – $249 million below fiscal year 2012. The legislation will continue the closeout of the Space Shuttle program for a savings of $503 million.
  • $5.1 billion for NASA Science programs – $5 million above fiscal year 2012. This includes $1.4 billion for planetary science to ensure the continuation of critical research and development programs that were imperiled by the President’s request. This also includes $628 million, as requested, for the James Webb Space Telescope.

National Science Foundation (NSF) – The legislation funds NSF at $7.3 billion, which is $299 million above fiscal year 2012 and $41 million below the President’s request. NSF’s entire increase is provided to core research and education activities, which are critical to innovation and U.S. economic competitiveness, including funding for an advanced manufacturing science initiative and for research in cyber-security and cyber-infrastructure.

Related agencies – The bill includes $51.3 million for the U.S. Trade Representative and $83 million for the International Trade Commission to negotiate and enforce international trade agreements and to investigate trade law violations.

Other Provisions – The bill continues several general provisions, including:

  • A prohibition on the transfer or release of Guantanamo detainees into the U.S.
  • Multiple prohibitions on various import or export criteria related to firearms.
  • A prohibition on NASA or the Office of Science and Technology Policy engaging in bilateral activities with China unless authorized or certified via procedures established in the bill.

For the subcommittee draft text of the legislation, please visit: http://appropriations.house.gov/UploadedFiles/BILLS-112HR-SC-AP-FY13-CommerceJusticeScience.pdf

Updated 4/25/2012

 

 

U.S. Department of Justice

Federal Prison System FY 2013 PERFORMANCE BUDGET

Congressional Submission

Salaries and Expenses

[Excerpt]

This budget contains additional offsets of $58 million for: proposed Good Conduct Time legislation, expansion of the compassionate release program, information technology savings, and realignment of administrative operations.

Good Conduct Time Proposed Legislation Change: The Administration has proposed legislation to amend federal inmate Good Conduct Time credit to encourage positive behavior. The proposal would increase good time credit availability by seven days for each year of the sentence 13 imposed. In addition to increasing the incentive for inmate good behavior, this proposal would have the added benefit of slowing the rate of inmate growth. If enacted before FY 2013, this change could potentially result in a significant cost avoidance of up to $41 million in FY 2013.

Compassionate Release Program: Under current law, the BOP may release inmates who are terminally ill or otherwise eligible for early release due to "extraordinary or compelling circumstances." Criteria for release under these circumstances are established both in law and administratively determined policy.   By amending current administratively established policies,  the BOP could release more inmates in FY 2013. Savings: $3.154 million in FY 2013.

Id., at p. 12-13, 16, 81. 

See:  FedCURE bookmarked and highlighted pdf: http://www.fedcure.org/documents/FBOP_FY-2013-PERFORMANCE-BUDGET-JustificationCongressSubmission-FedCURE.pdf; and

FedCURE bookmarked and highlighted pdf: http://www.fedcure.org/documents/FBOP_FY-2013-CONGRESSIONAL-BUDGET-Buildings&Facilities-Justification.pdf

SOURCE:  http://www.justice.gov/jmd/2013justification/pdf/fy13-bop-se-justification.pdf. 


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