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FedCURE Action Alert

28 June 2005

Federal Parole Information

H.R. 3072 Federal Parole Bill

109th CONGRESS

1st Session

H. R. 3072

A bill `To revive the system of parole for Federal prisoners, and for other purposes.'

IN THE HOUSE OF REPRESENTATIVES

June 27, 2005

Mr. DAVIS of Illinois introduced H.R. 3072; which was referred to the Committee on the Judiciary

 
Please read FedCURE's Summary and Talking Points on this legislation below.
 
21 February 2005
 
FedCURE Action Alert
 
Dear FedCURE Members and Friends:
 
FedCURE is responding to the many of you who have contacted us this past year asking what you can do to help get the bill to Revive the System of Parole for Federal Prisoners (H.R. 4036) passed into law.What we need right now! Is for all of you to help build our contact database.
 
Please send to: FedCURE@FedCURE.org as many names and e-mail addresses of people you know that we can contact during FedCURE's upcoming campaign to pass the bill to Revive the System of Parole for Federal Prisoners into law.
 
Originally, H.R. 4036 was introduced to the 108th Congress on 25 March 2004, by U.S. Rep. Danny Davis (D) of Illinois.  It died in committee with the outgoing of the 108th Congress.  Since the bill's introduction FedCURE established a two phase campaign and has been advocating heavily in favor of this legislation. Phase I: Public awareness and fundraising. During this time, FedCURE had its convention, this past June, in Washington, DC, where FedCURE's Executive Committee, Rep. Danny Davis and his point persons on legislative affairs, made amendments to H.R. 4036 and the bill was sent to the legislative counsel for rewrite.
 
Subsequently, FedCURE made further amendments and during January and February 2005 finalized the amendment process. As of this date a discussion draft has been issued by the house legislative counsel covering all of these amendments and we are in the final scoring up process. FedCURE will publish the final version upon completion. You all will be very pleased!
 
We are now gearing up for Phase II of the campaign: Very soon, Rep. Davis and his co-sponsors, will be resubmitting the bill to the new 109th Congress; and FedCURE will mount a full scale campaign to the community urging them to contact congressional members to support this legislation. In preparation thereof, we are requesting our membership and friends to help build our contact database. The more names and e-mail addresses you send in, the larger the contact database and the more potential for support. This is a community effort. Please help!
 
Kindly send all names and addresses offlist to: FedCURE@FedCURE.org
 
We need funds to do this work. You can make regular donations to FedCURE at: http://www.fedcure.org/join.shtml and select the 'DONATE" button.
 
Warmest and Best Regards:
 
FedCURE
P.O. Box 15667
Plantation, Florida 33318-5667
USA
 
Web Site:  http://www.FedCURE.org    
E-mail:        
FedCURE@FedCURE.org
 
E-fax:           (408) 549-8935
 
"Using Technology to Bring About Federal Criminal Justice Reform"  tm
WWW.FEDCURE.ORG 2002-2005.  All rights reserved.
 
Please Donate and Join Now:  http://www.fedcure.org/join.shtml
 
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07 April 2004

Subject: Revive Federal Parole Campaign and other Legislative Initiative Project.

Phase I. Fundraising Request.

Special note to our readers:
Please read and do not disregard this most important and Urgent Action Alert.

Dear FedCURE Members, Subscribers and Friends:

Congratulations FedCURE! We proudly announce, that in the past several months, FedCURE has made important progress and inroads in its efforts to reform the federal criminal justice system in the United States. FedCURE's leadership has been able to forge and establish strong working relationships within the United States government and has gained unprecedented access to the government's elected and appointed officials to discuss, make suggestions and present important reform issues. Support for FedCURE and its efforts have consistently grown and through our concerted efforts, we feel confident that this growth will continue.

Please support FedCURE and H.R. 4036, which is a bill to revive the system of parole for Federal prisoners. Over eighty-five (85%) percent of the some 177,000 people in federal prison are serving non-paroleable sentences for nonviolent offenses, most of which are for controlled substance violations. Thousands of people in prison are serving life sentences for nonviolent offenses without the possibility of parole. This is an atrocity, as the majority of these people are first time offenders. With your help, we can bring them home.

To that end, FedCURE needs your immediate financial support to raise several thousand dollars to help finance FedCURE's Executive Committee members' expenses to attend the upcoming annual CURE/FedCURE convention and to meet with government officials for scheduled appointments in Washington, D.C., from June 5th through June 9th of 2004. As set out more fully below, FedCURE's Executive Committee's current itinerary includes meetings with key government officials to discuss important policy issues and proposed legislation, the most important of which is H.R. 4036, the bill now pending in the house to revive the system of parole for Federal prisoners. See: H.R. 4036 FEDERAL PAROLE BILL.

We implore you to please take a moment to support this FedCURE initiative now! You can make financial contributions to FedCURE in two easy and convenient ways:

1. Via your PayPal account, or by clicking the following link to go to our PayPal page: Donate $ Join Now! Once on the page please choose the "JOIN" tab if you are not a member or to renew your annual membership. Or just choose the "Donate" tab to contribute.

2. Via check or money order to: FedCURE, P.O. Box 15667, Plantation, Florida 33318-5667.

For any other type philanthropy please e-mail us at : Membership@FedCURE.org

- SUMMARY -

On 25 March 2004, U.S. Rep. Danny Davis (D) of Illinois introduced H.R. 4036, a bill to revive the system of parole for Federal prisoners. The latest Major Action and Status on H.R. 4036 as of 25 March 2004 is that it has been referred to House committee on the Judiciary. FedCURE has been working on this bill since it was introduced by the late Rep. Patsy Mink (D) almost two years ago. Unfortunately, Patsy Mink passed away shortly after the bill was introduced and before it had a cosponsor. Consequently, the bill died in committee. Nevertheless, the bill has been reincarnated as H.R. 4036. FedCURE is working on amendments to H.R. 4063 to insure that this legislation applies to all Federal offenders, increases good time allowances, envisions compassionate release and restores PELL grants. Reinstating federal parole is by far the most important issue concerning the reform of the federal criminal justice system in the United States. We are now campaigning for this legislation and this will be FedCURE's main focus until its passage. We need your continued support throughout this campaign.

Additionally, there is another proposed bill, H. R. 3575, the "Federal Prison Bureau Nonviolent Offender Relief Act of 2003," to amend title 18, United States Code, to provide an alternate release date for certain nonviolent offenders, and for other purposes. H.R. 3575 provides in part: 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. Latest Major Action: 10 December 2003 Referred to House subcommittee. Status: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security. This is a simple bill, but it does nothing for nonviolent offenders serving life sentences. FedCURE seeks to amend this bill to include all nonviolent federal offenders. See: H.R. 3575 Federal Prison Bureau Nonviolent Offender Relief Act of 2003 (Introduced in House)

- ITINEARY -

1. On 06 April 2004, FedCURE's Acting Chairman, Kenny Linn, had long discussions with Rep. Danny Davis' staff point person handling HR 4036 (a bill to revive the system of parole for Federal prisoners just presented to the House on 25th March 2004). FedCure has been asked to propose a list of amendments, which we will do. We will also be proposing a list of items for Rep. Davis' use in an upcoming legislative strategy session in September 2004 concerning this legislation.

2. FedCURE's Executive Committee members will be meeting with Mr. Harley G. Lappin, the Director of the Federal Bureau of Prisons, at 2 PM, on Wednesday, 09 June 2004, in Washington, D.C. This is a unprecedented meeting. The Committee will be presenting several policy issues and welcomes any suggestions or comments our members, subscribers and friends might have in this regard. This can be done by sending a e-mail to FedCURE Executive Committee Co-chairman: Kenny Linn, Acting Chairman at: klinn@fedcure.org, or Mark A. Varca, CIO & Executive Director at: cio@fedcure.org.

3. Mr. Tom Hutchison, Chief of Staff of the United States Parole Commission, will be making a presentation at the CURE/FedCURE convention in DC on Monday, 07 June 2004. FedCURE will be asking for several changes to Commission policy at that time. We also welcome any suggestions or comments our members, subscribers and friends might have in this regard. This too, can be done by sending a e-mail to FedCURE Executive Committee Co-chairman: Kenny Linn, Acting Chairman at: klinn@fedcure.org, or Mark A. Varca, CIO & Executive Director at: cio@fedcure.org.

Thank you all for taking the time to read this most important "Urgent Action Alert" and most of all, thank you for your contributions and continued support. Keep up the good fight and God willing, we will bring them home!

For more information on the CURE/FedCURE convention being held at Hotel Harrington in Washington, D.C., or to register, Please click here to contact us. , or click on this link: CURE/FedCURE convention information and registration.

Best and Kindest Regards:

Kenny Linn, J.D., L.L.M.
Acting Chairman

Mark A. Varca, J.D.
CIO & Executive Director

Federal Cure
P.O. Box 15667
Plantation, Florida 33318-5667
USA

Web Site: http://www.FedCURE.org
E-mail: Information@FedCURE.org
E-fax: (413) 702-6301 or (408) 549-8935

**************

- UPDATE -

- UPDATE -

18th June 2004

18th June 2004

Convention Report:

CURE/FedCURE Convention, Washington, DC. 05th through 09th June 2004

FedCURE's Executive Committee was led by Kenny Linn, J.D., L.L.M. The following are selected highlights of what transpired at the convention:

1. United States Probation Officer Use of the "Association" rule:

The CURE national board adopted the position of CURE?s Executive Committee writing a letter directed to Chairman Edward F. Reilly, Jr., of the U. S. Parole Commission and the current head of Federal Probation Services to clarify their recent use of a condition of post-incarceration supervision that states: [O]ne cannot 'have contact' or 'associate' with those who have a criminal record without the permission of the probation/parole officer. The use of this regulation in this manner prevents persons on supervision (i.e., parole or supervised release) from interacting with others with a criminal record while dealing with the incidental day-to-day business of inmate reentry and prison rights organizations, as in the matter of the recent resignations of FedCURE's, two, most senior officers. Specifically, CURE will do whatever is necessary to end the use of this rule from being applied in this context, including litigation, if necessary. Mr. Tom Hutchison, Chief of Staff, of the United States Parole Commission, and Mr. Alvin Bronstein of National Prison Project were both consulted personally on this matter and are looking into it. We await the outcome. The letter is in draft stages.

2. H.R. 4036---A Bill to Revive Federal Parole:

FedCURE spent about 90 minutes with Rep. Danny Davis and his point person on legislative affairs to discus FedCURE's amendments to H.R. 4036, the bill to Revive Federal Parole and Increase Good Time Allowances. All of FedCURE's amendments were accepted and the bill was sent on to legislative counsel for rewrite by Rep. Davis the same day. H.R. 4036, as amended, will be presented for resubmission to the next Congress.

The rewrite is to amend H.R. 4036 as follows:

a) the bill will apply to everyone presently in the system whether they are parole eligible or ineligible, old law or new law, violent or non-violent. It will call for presumptive parole on the record.
b) it will include a second segment that has the old good time statutes for statutory good time plus a new portion that will add extra good time days for what we are calling ?superior program achievement.? This means that everyone will be eligible for extra good time whether they excel in reading or not, so long as they do something to deserve it.
c) the reinstitution of PELL grants was yanked from this bill because its inclusion would have meant a need to go to two Congressional subcommittees instead of one without it. We expect to try to get a separate small bill submitted to include PELL grants.
d) As of 12th June 2004, FedCURE has added a compassionate release provision that would grant release at age 65 after serving 25 years incarceration without institutional violence.

Both the Director of the BOP and the Chief of Staff of the USPC have reviewed FedCURE's new bill and we had no objections from either.

When H.R. 4036 is re-submitted (and not before), FedCURE has promised Rep. Davis that there will be a ground swell from the community like he has never seen and we must keep our word if this bill has any chance of passing. We are working with the Mr. Allan Beck, head of the Bureau of Justice Statistics, to see how many inmates would walk out the door if the old parole guidelines were put in place. Mr. Marc Mauer of the Sentencing Project is to ascertain this information for FedCURE. This statistic will be extremely important in determining the total dollar savings per year as a result a reduced inmate population. This is the key to conservative support for H.R. 4036. Stay tuned!

3. Other Inmate-related Legislation:

FedCURE met with the legislative affairs directors for Rep. Young of FL (head of the House Appropriations Committee) and Sen. Nelson (D-FL) to advise them of who we are and what we stand for. They were both amazed at what legislation was actually out there pending in the area of criminal justice reform and promised that they would bring these items to their respective boss' attention and requested that we keep them heads up on what FedCURE is seeking to accomplish in this area.

4. Federal Bureau of Prisons:

FedCURE met with Mr. Harley G. Lappin, Director of the Federal Bureau of Prisons and five of his staff members from the Central Office, the head nurse, the head medical policy chief, the corrections manager, the religious affairs manager and the general policy manager. Attending also were Mr. Charles Sullivan from CURE National and FedCURE's board member, Fred Mosely, J.D., L.L.M. We would be understating the results if we were to say it went well. Mr. Lappin was quite impressive and was well briefed on the five policy areas FedCURE raised, which were: a) the ion spectrometer issue, b) the one year in SHU policy for violations at USPs, c) starting visitor processing at 8:00 A.M., d) medical emergencies and e) ex-felon facility entry for program presentations.

As for (a), the program statement is being written now and is their first priority. Visitors will be notified what will set the machines off and the calibrations will be raised. Consensual searches will not take place because of concerns over lawsuits that could develop. They will be more sympathetic to false positives and will try to randomly choose other than 80 year old grandmothers.

As for (b), this policy statement is also being written and we hope it will include FedCURE's suggestion to codify who it applies to, namely only those who are trying to manipulate transfers.

As for (c), they will try to put earlier visitor processing into place, which will call for pressure on the local level.

As for (d), they are currently processing over 100 medical BP 11s at Central Office every month. We know that they are strapped financially, but we must also realize that equivalent medications are going to be used in place of whatever meds were being used on the street and that medically "unnecessary" operations will not be done either. They will try to get answers to FedCURE in two days about particular emergencies.

As to (e), Fred Mosely will be allowed to develop a program for the Director to promote nationally, so that ex-felons do not have to seek individual warden approval.

The Bureau is going to respond to FedCURE in writing item by item on every complaint that we presented. We await their response and feel that a rapport has been established which is extraordinary and that FedCURE has a level of communication with the Federal Bureau of Prisons that, to some, would never have foreseen as possible.

We at FedCURE want to thank those of you that have contributed to our cause thus far and as we work ahead in these next months, we plead for your continued support. If you are not a member, please join. If you have not made a donation, please donate. Donate $ Join Now! Traveling to Washington DC is not cheap and we depend upon our own personal resources and contributions from those that care about what we are doing. This trip kept us all very busy with many other convention items keeping us going non-stop from 8:00 AM to 10:00 PM for five days, way too much to write about here.

Other items on the CURE convention agenda dealt with private prisons, telephones, DC prisoners, international criminal justice issues and individual chapter issues.

Kenny Linn, J. D., L.L.M.
Executive Committee
FedCURE
P.O. Box 15667
Plantation, Florida 33318-5667

Fax: (408) 549-8935 or (413) 702-6301
E-mail: Information@FedCURE.org
Web Site: http://www.FedCURE.org
Donate & Join @: http://www.fedcure.org/join.shtml

**************

FedCURE provides this service to assist you by identifying your Congressperson in the U.S. House of Representatives and providing contact information. You can send an e-mail to your representative by typing or pasting your text message into the form once you arrive at the page.

To contact your Representative:

  1. from list below:

     
  2. Enter your and your 4-digit ZIP code extension.

     
  3. Click the "Contact My Representative" button.

     

**************

"Serving Federal Prisoners and Their Families"

Working to Reinstate Parole;
to Increase Good Time Allowances;
and to Restore PELL Grants, for all Federal Offenders.

"Using Technology
To Bring About Federal Criminal Justice Reform" TM

www.FedCURE.org Copyright 2002-2005.