FedCURE NEWS and Legislative Updates

Happy*New*Year

07 February 2012 [Updated]

VIDEO featuring Charlie Sullivan, the co-director of CURE:  http://aje.me/w0QLfx

Why are so many Americans in prison?

We ask if the US should reconsider its 'lock 'em up and throw away the key' approach to crime and punishment

U.S. Sentencing Commission: Crack Cocaine | Effective Date of Retroactivity 01 November 2011
(Details & Watch Hearing Below).

Second * Look

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FedCURE Call-2-Action:  Second Chance Reauthorization Act of 2011  |  Contact your Senators

 

Second Chance Reauthorization Act of 2011 (Introduced 6/20/2011)

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

Preview sections of S.1231, released to FedCURE on Monday, 13 June 2011, for reauthorization of funding for Second Chance Act, for the next five years, would have adopted the President's FY 2012 Budget proposal, to increase the current federal good time of 47 days to 54 a year.   However, that is not in the original bill.  Instead, there is a provision to earn 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, is eligible to earn additional credit toward satisfaction of the sentence being served by the prisoner.", but the programming is not defined.  Additionally, Section 231(g), Elderly Release provisions, would have broaden the scope of inmates who qualify by reducing the age limit from 65 to 62 and the time served requirement from 75% to 65%.  However, S.1231 reduces the age requirement to 60 years of age, but all other requirements under current law remain unchanged (see: FAQ).

Update on Second Chance Reauthorization Act of 2011:

FedCURE NEWS:  Congress passes H.R. 2112 ~ The 'Consolidated and Further Continuing Appropriations Act of 2012' ~ $63 million dollars is given to DOJ for Second Chance Act:

On 15 September 2011, the Senate subcommittee overseeing the U.S. Justice department budget voted to eliminate the funding provisions of  S.1231 ~ Second Chance Reauthorization Act, in the interest of saving money (in light of the CBO Cost Estimate, post).  Senate Judiciary Committee Pat Leahy (D-VT) vowed to try to get the funds reinstated, making the point that without successful reentry programs, recidivism will increase prison costs, thus eliminating any savings.   Thank God, the Senator was successful if funding the SCA in another bill: H.R. 2112 ~ The 'Consolidated and Further Continuing Appropriations Act of 2012.' A $130.4 billion dollar appropriations bill funding five agencies. $63 million dollars is given to DOJ for Second Chance Act (half requested in SCRA - down from $100 million and $87 million over two years). The bill also expands the suthority of Federal Prison Industries (UNICOR). The president signed the bill into law on 18 November 2011.

What is more, however, if the committee is really serious about saving money, that it moves forward to pass S.1231, as amended (ALB11493), with the huge money savings good time provisions, which would provide: 

1)  Increased good time "at the rate of 54 days per year of sentence imposed;" and

2)  to earn 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

3)  additionally, SEC. 4. FEDERAL REENTRY IMPROVEMENTS, amending SCA, 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.'

On 21 July 2011, the Senate Judiciary Committee approved this version of S. 1231, the Second Chance Reauthorization Act of 2011, authored by Senators Patrick Leahy (D-VT) and Rob Portman (R-OH). The bill provides for increased good time "at the rate of 54 days per year of sentence imposed" and resources to state and local governments, as well as community-based organizations, to improve the success rates for people released from prison and jail. The committee reported out the bill on a 10 to 8 party line vote. 

Committee approval is only the first step in the legislative process. The Second Chance Reauthorization Act now moves to the full Senate for consideration.

Previously, the Second Chance Reauthorization Act was brought up at mark-up on 14 July 2011 and the Manager's Amendment, including the good time expansion provision (total 54 days a year), was accepted.  Sen. Grassley proposed an amendment to strike the good time amendment from the bill but it was defeated 11 to 7 with all Democrats and Senator Lee voting against.  The bill, however, is held over until this week when Sen. Grassley will likely propose several other amendments including one to strike the earned time provision from the bill.

 

Sen. Grassley was an Ex-prosecutor, so he should know better.  He looses all creditability when he does not acknowledge a broken federal justice system, especially the Federal Bureau of Prisons system and what needs to be done to fix it.  Albeit, he supports reentry dollars, he is way way out of touch with sentencing and good time earnings.  Flood his office.  FLAME him!   

FedCURE is meeting with Sen. Portman's office and Sen. Judiciary Committee members urging that S.1231 be amended to read that: "Eligible elderly offender.-- 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."

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

Although, FedCURE was pushing to lower the age requirement to 45 years and the time served to 50%, it is at least a step in the right direction, while we continue to move forward with the Barber Amendment (below).

Accordingly, we ask you to contact your Senators. It is especially important for you to reach out to all Senators on the Senate Judiciary Committee and to all Republican Senators. Judiciary Committee members are:  Grassley (R-IA), Hatch (R-UT), Kyl (R-AZ), Sessions (R-AL), Graham (R-SC), Cornyn (R-TX), Lee (R-UT), Coburn (R-OK), Leahy (D-VT), Kohl (D-WI), Feinstein (D-CA), Schumer (D-NY), Durbin (D-IL), Whitehouse (D-RI), Klobuchar (D-MN), Franken (D-MN), Coons (D-DE), Blumenthal (D-CT). Those underlined are especially important.  Please strongly urge them to support FedCURE's amendments to the Second Chance Reauthorization Act, which tweaks important sections of the Second Chance Act so its provisions can be employed in a more meaningfully way.

Please use FedCURE CONTACT CONGRESS page to contact the Senators in these states: http://www.fedcure.org/ContactCongressREP-SEN.shtml

Contact Congress

Thank You for your support. 

Pass it on! .. . Pass it on!

FedCURE

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The BARBER Amendment ~ 112th Congress

Contact Congress

 

Many thanks to the tens of thousands of American's who supported H.R. 1475 in the 111th Congress.  Although the bill did not pass, it is not the last hurrah for federal good time legislation.  FedCURE announces The Sentencing Reform Act of 2011and The Barber Amendment.   Please continue to contact your Congresspersons urging them to sponsor FedCURE's proposals in 112th Congress.

Budget of the United States Government, Fiscal Year 2012

Department of Justice: Federal Prison System, Federal Funds-2012.

Page 731 thru 734. PDF here:   http://www.fedcure.org//documents/FederalPrisonSystem-FederalFunds-2012_Page731-734_cFedCURE2011.pdf

MARCH 17, 2011

STATEMENT OF HARLEY G. LAPPIN, DIRECTOR OF THE FEDERAL BUREAU OF PRISONS
BEFORE THE UNITED STATES SENTENCING COMMISSION: [Excerpt  from pages 3 & 4]

The Department of Justice is working with Congress on two legislative proposals that will provide inmates with enhanced incentives for good behavior and participation in programming that is proven to reduce recidivism, while also reducing crowding somewhat. The first proposal increases good time credits available by seven days per year for each year of the sentence imposed. The second proposal creates a new sentence reduction credit that inmates can earn for successful participation in recidivism-reducing programs, such as Federal Prison Industries, education, and occupational/vocational programming.
Full text at: http://www.fedcure.org/documents/USSC_LegislativePublicAffairsPublicHearingsMeetings20110317TestimonyBOP-Lappin.pdf

Background:

The Bureau of Prisons has worked with the Department of Justice to develop proposed legislation to amend the federal inmate good conduct time credit statute (Title 18 United States Code Section 3624(b)) to provide inmates incentives that encourage positive behavior.  The legislation would increase good time credit availability by seven days per year for each year of the sentence imposed.   This would result in a reduction, within a year, of approximately 4,000 federal inmates in custody, and such reductions would continue for several subsequent years, resulting in a significant savings of taxpayer dollars.  At the end of the first year following enactment, we expect  a cost avoidance of up to $41 million.  

This proposed legislation would not only reduce our crowding, it would also increase the incentives for inmates to comply with institution rules.  Inmates who refuse to comply with institution rules could lose some or all of the available credits, thereby prolonging their time spent in custody.  
Federal Bureau of Prisons.

Whereas,

FedCURE's Barber Amendment, the President's and BOP's proposals, infra, are in harmony.  The only issue, for the public to decide, hence Congress, is that while the President's and BOP's measure would change the way the bureau computes good time, as does Barber, it is only a modest 2% increase of 7 days to give the full 15% reduction (54 vs. 47 days).  Whereas, the Barber Amendment would give a little over a 1/3rd reduction (128 vs. 54).   Aside from that race, everything else is in harmony.  So we ask you all to crank it up and start contacting your Congresspersons urging them to introduce and pass the Barber Amendment.  See below.

 

SECOND LOOK:  Introducing The Sentencing Reform Act of 2011 ~ A Bill to establish a hybrid system of parole, increased good time allowances and reentry opportunities; repeal mandatory sentencing; and establish a 1 to 1 sentencing ratio for crack and powder cocaine for federal offenders.  

 

FedCURE NEWS Special Video Presentation:  http://www.fedcure.org/SecondLook.shtml. 

 

Note:   The Sentencing Reform Act of 2011 has not been introduced.  FedCURE is seeking bipartisan support for the bill in the 112th Congress. 

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BARBER Amendment:  A bill to amend Title 18 U.S.C. Section 3624(b)(1) 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  "sentence imposed" .

 

Note:   The Barber Amendment  has not been introduced.  FedCURE is seeking bipartisan support for the bill in the 112th Congress.

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FedCURE's Federal Good Time Bill Campaign: "Top 10 Ideas for Change in America"

 

~ 112th Congress ~

 

National Call - to - Action ~ BARBER Amendment ~ Federal Good Time Bill  

Petitions by Change.org|Start a Petition »

 

 

Ninety Percent (92%) Public Support for BARBER Amendment - Good Time Bill.

 

Come on everyone!  Pitch in and contact the 112th Congress.  We can do it!

 

"BARBER Amendment" on the "Good Time Bill"

 

Sponsor BARBER Amendment - Good Time Bill | Sign the Petition!

Sign the petition on FedCURE/CHANGE.org:  http://snipurl.com/1o7gdj

Support | Comment the Barber Amedment on FedCURE/POPVOX:  http://pvox.co/JaNx5Y

Hi!  Thank you for coming & helping to reach out to the 112th Congress. Here are your campaing tools: First, sign the petition on this page and foward to your friends. Then start calling the U.S. Capitol Switchboard at 202-224-3121.  The Switchboard can direct you to your Congressional Representative and Senators.  Once you reach the office, you can use the talking points below or share your own story. Then go to:  POPVOX  and send your message to Congressional Members and Legislative Staff.   Finally, and most important, click on the "Contact Congress Now!" button, below, to send your message to your Congresspersons.

 

MESSAGE:

Dear Members of the 112th Congress of the United States, 

 

Subject:  The Barber Amendment - Increased Good Time Allowances.

 

I am asking you to please support The Barber Amendment which would amend Title 18 U.S.C. § 3624(b)(1) 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  "sentence imposed" .    This Amendment is retroactive.  [END].

 

Second Look:  The Federal Bureau of Prisons is operating at 149% over 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, 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.   BARBER goes further to save $1.2 billion dollars annually.  Put that against the President's pay freeze for Federal employees that will save $28 billion over the next five years--the measure is a continuation of the administration’s Accountable Government Initiative, designed to cut cost and save taxpayer dollars.  

 

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, they have no reason to desire rehabilitation or work towards early release.
 
Americans want to see results, not stiffer sentences. 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. The Barber Amendment would benefit the following:

 

*  The Barber Amendment allows the Federal Bureau of Prisons to maintain correctional worker staffing and help relieve overcrowding of prisons.

 

*  The Barber Amendment saves taxpayers $1.2 billion dollars per year.

 

*  Releasing 10% of the federal prison population pursuant to existing Federal Bureau of Prisons policy and procedures poses no risk to public safety.

 

*  The Barber Amendment - Good Time Allowances rewards those inmates who have shown positive behavior.

 

*  Although early release would not be guaranteed, it would allow a Second Chance to those who prove they are deserving of it.

 

*  The cost to house an inmate for 12 months is almost $30,000.00.  Costs rise significantly for all inmates over age 60 and nearly double or quadruple for inmates with medical issues.

 

*  People in prison do not receive the same health care as free people and lengthy non-parolable sentences cause medical emergencies for those in facilities; and huge indigent health care costs upon release.

 

*  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.  We can not build our way out of this.

 

*  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.

 

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.   I would also direct you to these facts:  http://www.facebook.com/note.php?note_id=164544453571541

 

The government's experts on these issues all support reforms, as evidenced by the FedCURE NEWS Presentation on Second Look.  Take the time to watch U.S. Supreme Court Justice Stephen Breyer (Video #1), U.S. Attorney General, Eric Holder (Video #2) and most of all, Patricia Cushwa, Commissioner of the United States Parole Commission  (Video #11) and Harley G. Lappin, Director of the Federal Bureau of Prisons (Video #8).  I would be remiss, however, if I did not strongly urge you to view all of  the video's on "Panel Four: Good Time, Community Corrections and Re-Entry."  See the exclusive videos here:  http://www.fedcure.org/SecondLook.shtml

 

Since inmates "earned" the right to be in prison, why can't they also "earn" the right to be out?

 

The Barber Amendment of 2011 would greatly contribute to the healing of our economy and the healing of our nation. There are almost 211,000 people incarcerated in federal prison today and the majority of these are first time non violent offenders, whom under current Federal Bureau of Prisons and U.S. Probation Office procedures, can be safely released via increased good time allowances, with no threat to public safety.

 

Accordingly, I urge you, in the most strongest terms, to please support The Barber Amendment. 
  
Sincerely Yours,

Contact Congress


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Be Relentless:
•  Keep calling until your Congressperson(s) agree to sponsor the BARBER Amendment, make an appointment to see them, if  necessary to get their support.

  Write to:

  The Honorable Lamar Smith, Chairman

  Committee on the Judiciary

  U.S. HOUSE OF REPRESENTATIVES

  2138 RHOB, Washington, DC 20515-6216

  Telephone: (202) 225-3951

   

  The Honorable Patrick J. Leahy, Chairman

  United States Senate

  Committee on the Judiciary

  224 Dirksen Senate Office Building

  Washington, DC 20510

  Telephone: (202) 224-7703

FedCURE's H.R. 1475 Campaign: "Top 10 Ideas for Change in America"

Congratulations! It is Official:

FedCURE's Idea to "Increase Federal Good Time Allowances" is the Winner in the "Top 10 Ideas for Change in America" on Change.org.

Job Well Done! Stay Tuned!

Click on the VOTE Button to Learn More

FedCURE has put out a call for video interviews of people with cases that will benefit from H.R. 1475. 
Please contact FedCURE at:  http://www.fedcure.org/contact.shtml.

Watch live streaming video from fedcure at livestream.com

Enter your donation below:

 

S.1789:   Fair Sentencing Act of 2010

http://www.fedcure.org/documents/S.1789.shtml

 

FedCURE NEWS: U.S. Sentencing Commission: Crack Cocaine | Effective Date of Retroactivity Set for November 1, 2011 [FCN-300611-INST]

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U.S. SENTENCING COMMISSION VOTES UNANIMOUSLY TO APPLY FAIR SENTENCING ACT OF 2010

AMENDMENT TO THE FEDERAL SENTENCING GUIDELINES RETROACTIVELY

 

Effective Date of Retroactivity Set for November 1, 2011

WASHINGTON, D.C. (June 30, 2011)  The United States Sentencing Commission voted unanimously today to give retroactive effect to its proposed permanent amendment to the federal sentencing guidelines that implements the Fair Sentencing Act of 2010. Retroactivity of the amendment will become effective on November 1, 2011-- the same day that the proposed permanent amendment would take effect -- unless Congress acts to disapprove the amendment.  [Approximately 12,040 defendants will be eligible to file Sec. 3582(c) motions to the sentencing court for a sentence reduction--average 37 months, under Amendment 750 (A) & (C).  The measure is expected to save the Federal Bureau of Prisons $240 million dollars.]. 

Full Text:  http://www.ussc.gov/Legislative_and_Public_Affairs/Newsroom/Press_Releases/20110630_Press_Release.pdf

U.S. Sentencing Commission: Crack Cocaine | "Reader-Friendly" Version of Amendment on Retroactivity

(Effective November 1, 2011, If Congress does not act to the contrary)

This compilation is an unofficial "reader-friendly" version of the amendment to policy statement §1B1.10 (Reduction in Term of Imprisonment as a Result of Amended Guideline Range) (Policy Statement), as promulgated by the Commission on June 30, 2011. The official text of the amendment is also posted below as published in the Federal Register. The official text of the amendment also will be incorporated into a forthcoming supplement to the Guidelines Manual.

 

Federal Register Notice of Final Action Regarding ~ Crack Cocaine ~Amendment on Retroactivity, Effective November 1, 2011:
http://www.fedcure.org/documents/USSC-RetroactiveCrackCocaine-USSG1B1.10-011111.pdf

View the "Reader-Friendly" Version of Amendment on Retroactivity

http://www.ussc.gov/Legal/Amendments/Reader-Friendly/20110630_RF_Amendment_Retro.pdf

 

 

30 June 2011

U.S. Sentencing Commission

Crack Cocaine Sentencing CSPAN Video Library

The U.S. Sentencing Commission held a public meeting on lowering crack cocaine sentencing guidelines. The commission voted in favor of the change. Members voted, unanimously to retroactively modify sentences pertaining to federal drug offenses, including reduction in term of imprisonment as a result of the amended guideline range recently adopted by Congress. Additionally, commissioners voted on provisions of the Fair Sentencing Act, which recently reduced the disparities in penalties between powder and crack cocaine, for some prisoners already serving time for crack cocaine offenses.  Watch Hearing:  http://www.c-spanvideo.org/program/CrackCoc.

Hearing Transcript:  http://www.fedcure.org/documents/USSC-RetroactiveCrackCocaineHearing_Transcript300611ocr.pdf

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	Congressman Robert C. "Bobby" Scott Virginia's Third Congressional District
	FOR IMMEDIATE RELEASE	Contact: Larry Dillard (202) 225-8351
	July 28, 2010
Scott Statement on Passage of the Fair Sentencing Act WASHINGTON, DC. Congressman Robert C. (Bobby) Scott, Chairman of the House Judiciary Subcommittee on Crime, Terrorism and Homeland Security, issued the following statement on passage of S. 1789, the Fair Sentencing Act of 2010:  Today, S. 1789, the Fair Sentencing Act of 2010, historic bipartisan legislation, was passed by the House of Representatives. This bill will reduce the100-to-1 sentencing disparity between crack and powder cocaine in federal law to 18-to-1.  Under current law, it takes only 5 grams of crack cocaine to trigger a 5-year mandatory minimum sentence, but for powder cocaine it takes 500 grams to trigger the same 5-year mandatory minimum sentence.  S. 1789 moves the threshold amount of crack for a 5-year mandatory minimum sentence from 5 grams to 28 grams and makes a similar reduction to an 18-to-1 ratio for the ten-year mandatory minimum.   Studies have shown that there are no pharmacological differences between crack and powder cocaine.  Yet, crack offenders are serving extremely long sentences, while people who have committed more serious drug offenses, or serious violent crimes, are serving shorter terms.  Kemba Smith, a college student in my Congressional District who had a very minor role in a crack conspiracy involving her boyfriend who was a drug dealer, was sentenced to 24 and 1/2 years and served 7 years before her sentence was commuted by President Clinton.    And the higher penalties for very small amounts of crack have the bizarre effect of punishing those lower in the drug distribution chain much more severely than the drug kingpins in the chain who distribute the larger amounts of powder from which the crack is produced.   The differences in penalties for crack and powder cocaine also have a disparate racial impact.  More than 80% of people convicted in federal court for crack offenses are African American, while only 27% of those convicted of powder cocaine offenses are African American.    Although I think the fairest approach would be to totally eliminate the disparity between crack and powder cocaine, the bill we passed today represents substantial progress toward that goal.             I would like to thank Senator Durbin and Senator Sessions, as well as their colleagues on both sides of the aisle, for developing this successful bi-partisan compromise.  I would also like to thank House Majority Whip Jim Clyburn for his tenacious efforts to get the bill scheduled for action in the House this week.  And, I would like to thank House Judiciary Committee Chairman John Conyers, Rep. Sheila Jackson Lee, Rep. Maxine Waters, Rep. Mel Watt and Rep Charles Rangel for their long-standing dedication to addressing this unfairness between crack and powder cocaine penalties.  Further, I would like to thank the advocates and organizations that have worked tirelessly for many years to reform the federal crack cocaine law such as Wade Henderson, Nancy Zirkin and Lisa Bornstein from The Leadership Conference on Civil and Human Rights, Nkechi Taifa from The Open Society Policy Center, Laura Murphy and Jennifer Bellamy from the ACLU, Julie Stewart and Jennifer Stitt from Families Against Mandatory Minimums, Marc Mauer and Kara Gotsch from The Sentencing Project, Jasmine Tyler from the Drug Policy Alliance, Hilary Shelton with the NAACP and Bruce Nicholson with the American Bar Association.  # # #
1201 Longworth House Office Building, Washington, D.C. 20515 Phone: 202-225-8351   Fax: 202-225-8354   Web:  bobbyscott.house.gov   Full Text:  http://www.fedcure.org/documents/S.1789.shtml

 

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H.R.5143

House Passes National Criminal Justice Commission Act

 

07/27/2010

WASHINGTON, D.C. - Today, the U.S. House of Representatives passed legislation authored by Senator Jim Webb and Rep. Bill Delahunt that creates a blue-ribbon, bipartisan  commission charged with undertaking a top-to-bottom review of the nation’s criminal justice system.

It has been over four decades since we conducted a comprehensive review of our criminal justice system, said Delahunt. Today our prison population is expanding at an alarming rate, with costs to the taxpayers that are unsustainable.  The bill passed tonight will assess the current crisis, reverse these disturbing trends and help save taxpayer money. I am proud to have joined with Senator Jim Webb on this issue. His tireless efforts championing this bill will help ensure quick passage.

I want to congratulate Congressman Delahunt for guiding the National Criminal Justice Commission Act to success in the House, said Senator Webb. This bill will take a long overdue, comprehensive review of our criminal justice system, taking a look at what’s broken and what works.  With tonight's success, I look forward to swift legislative action in the Senate.

Despite the fact that crime rates have declined nationally over the past two decades, the U.S. currently incarcerates more than 2.3 million individuals -the highest rate in the world.  Studies show that by 2011, prison expenditures will cost taxpayers almost $75 billion.

In an effort to combat these alarming trends, the commission will study all areas of the criminal justice system, including federal, state, local and tribal governments' criminal justice costs, practices, and policies.  After conducting the review, the Commission will make recommendations for changes in, or continuation of oversight, policies, practices, and laws designed to prevent, deter, and reduce crime and violence, improve cost-effectiveness, and ensure the interests of justice.  The bill has been endorsed by approximately 100 organizations. In the House, it is co-sponsored by Reps. Darrell Issa (R-CA), Robert C. (Bobby) Scott (D - VA), Marcia Fudge (D-OH), and Tom Rooney (R-FL).

The National Criminal Justice Commission Act of 2010, was introduced in the Senate as S. 714 by Senator Jim Webb (D-VA). The bill has received widespread bipartisan support and has 39 cosponsors in the Senate, including Chairman of the Senate Judiciary Committee Senator Patrick Leahy (D-VT), Chairman of the Subcommittee on Crime and Drugs Senator Arlen Specter (D-PA) and Ranking Member Senator Lindsey Graham (R-SC), and Judiciary Committee member Senator Orrin G Hatch (R-U). 

The passage of the National Criminal Justice Commission Act is the latest in a series of legislative victories for Delahunt. Earlier this month, President Obama signed the Financial Services Regulatory Reform Act, which included provisions establishing a Consumer Financial Product Protection Bureau, a legislative proposal that Delahunt introduced last March. 

In May, President Obama signed Delahunt's Travel Promotion Act. The FY 2011 Defense Department Authorization bill included language allowing no-cost transfers of military bases, such as the South Weymouth Naval Air Station. Over the winter, Congress created the Financial Crisis Inquiry Commission to investigate the causes of the financial meltdown in the fall of 2008.  This legislation was introduced in the House by Delahunt last fall.

To watch a video of Delahunt's remarks, please click here:  http://www.youtube.com/repdelahunt#p/u/0/8hM0C4pKdU0

URL:  http://delahunt.house.gov/2010/07/house-passes-national-criminal-justice-commission-act.shtml

Full Text and Congressional Record at:  http://www.fedcure.org/documents/HR5143.shtml.

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GROUNDBREAKING REPORT

Center for Economic and Policy Research

1611 Connecticut Avenue, NW, Suite 400

Washington, D.C. 20009

202-293-5380

www.cepr.net

The High Budgetary Cost of Incarceration

John Schmitt, Kris Warner, and Sarika Gupta

June 2010

Executive Summary

The United States currently incarcerates a higher share of its population than any other country in the world. The U.S. incarceration rate of 753 per 100,000 people in 2008 is now about 240 percent higher than it was in 1980.

We calculate that a reduction by one-half in the incarceration rate of non-violent offenders would lower correctional expenditures by $16.9 billion per year and return the U.S. to about the same

incarceration rate we had in 1993 (which was already high by historical standards). The large majority of these savings would accrue to financially squeezed state and local governments, amounting to about one-fourth of their annual corrections budgets. As a group, state governments could save $7.6 billion, while local governments could save $7.2 billion.

A review of the extensive research on incarceration and crime suggests that these savings could be achieved without any appreciable deterioration in public safety.

Other findings include:

In 2008, one of every 48 working-age men (2.1 percent of all working-age men) was in prison or jail.

In 2008, the U.S. correctional system held over 2.3 million inmates, about two-thirds in prison and about one-third in jail.

Non-violent offenders make up over 60 percent of the prison and jail population. Nonviolent drug offenders now account for about one-fourth of all offenders behind bars, up from less than 10 percent in 1980.

The total number of violent crimes was only about three percent higher in 2008 than it was in 1980, while the total number of property crimes was about 20 percent lower. Over the same period, the U.S. population increased about 33 percent and the prison and jail population increased by more than 350 percent.

Crime can explain only a small portion of the rise in incarceration between 1980 and the early 1990s, and none of the increase in incarceration since then. If incarceration rates had tracked violent crime rates, for example, the incarceration rate would have peaked at 317 per 100,000 in 1992, and fallen to 227 per 100,000 by 2008 – less than one third of the actual 2008 level and about the same level as in 1980.

Full report in PDF:  http://www.fedcure.org/documents/HighBudgetaryCost-of-Incarceration-CEPR-FedCURE-090610.pdf

 

URL:  http://www.fedcure.org/information/FedCURENews.shtml

 

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FedCURE's Idea to "Increase Federal Good Time Allowances ~ H.R. 1475"
Winner of the "Top 10 Ideas for Change in America for 2010."

 

Goto:  http://www.change.org/ideas/view/increase_federal_good_time_allowances

 

For daily updates and to Subscribe, simply send an e-mail to: FedCURE-org-subscribe@yahoogroups.com

 

www.FedCURE.org

 

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The United States Sentencing Commission

 

 - presents - 

 

The Annual National Seminar

 

on the

 

Federal Sentencing Guidelines

Cosponsored by ABA Criminal Justice Section

June 16 -18, 2010 o Wednesday - Friday o Hilton New Orleans Riverside, New Orleans, Louisiana

 Brochure & Registration:  http://www.ussc.gov/TRAINING/SYMPO2010/2010_Agenda_Annual_National_Seminar.pdf

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The United States Sentencing Commission presents the Annual National Seminar on the Federal Sentencing Guidelines

Hilton New Orleans Riverside

2 Poydras Street New Orleans, LA 70140 United States Training Opportunities Annual National Seminar on the Federal Sentencing Guidelines June 16 - 18, 2010 New Orleans Hilton Riverside New Orleans, LA 2010 Annual National Seminar Agenda   http://www.ussc.gov/TRAINING/SYMPO2010/2010_Agenda_Annual_National_Seminar.pdf Online Seminar Registration   http://www.regonline.com/annualfsgseminar2010 Online Hotel Registration for Government Employees  http://www.hilton.com/en/hi/groups/personalized/MSYNHHH-FSG-20100610/index.jhtml Online Hotel Registration for Non-Government Employees  http://www.hilton.com/en/hi/groups/personalized/MSYNHHH-FSI-20100610/index.jhtml   URL:  http://www.ussc.gov/TRAINING/TRAINOP.HTM (c) www.FedCURE.org 2010

 

Congressional Black Caucus | Community Re-Investment Taskforce. SYMPOSIUM:  Rethinking Federal Sentencing Policy Twenty-fifth Anniversary of the Sentencing Reform Act" Sponsored by:  Harvard and Yale Law Schools. | Wednesday, 24 June 2009, 4:30 PM to 8:00 PM | U.S. Capitol Visitors Center, Orientation Theater South Washington, DC. Hon. Stephen Breyer, Associate Justice, U.S. Supreme Court Eric Holder, Jr., Attorney General, Department of Justice FedCURE: Panel 4: Good Time Allowances, Community Corrections and Re-Entry Federal Criminal Justice Policy Makers Introduction of Justice Stephen Breyer by Charles J. Ogletree, Jr., Executive Director  Remarks by Hon. Stephen Gerald Breyer   Supreme Court of the United States  Kate Smith, Acting Dean, Yale Law School Details HTML:  http://www.fedcure.org/documents/CBC-Symposium-240609-FedCURE_Panel-4.shtml   Details PDF:  http://www.fedcure.org/documents/CBC-Symposium-240609-FedCURE_Panel- 4.pdf    FedCURE NEWS:  http://www.bnnreports.com/fedcure/news MAP:  http://www.visitthecapitol.gov/Visit/Image%20-%20Large%20Capitol%20Complex.gif Press:  ABC, NBC, CNN (Covering Highlights) & FedCURE News (Taped gavel to gavel coverage, plus exclusive follow up interviews with the nation's top CJR policy makers). VIDEO: To obtain video footage of this event and or fees for video production, contact FedCURE at: http://www.fedcure.org/contact.shtml

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 Click here:  Hearing Information, Witness List and Testimony

 

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Click here for:  Symposium Information and Presentation Materials

 

21 December 2010 (Last Update)

 

FOIA

Ion Spectrometer Records

Federal Cure (FedCURE) v. Lappin:  No. 07-843, 2009 WL 692159 (D.D.C. Mar. 18, 2009) (Walton, J.)

Re: Records concerning use of ion spectrometer scanning at BOP facilities

• Fee waiver: It is uncontested that the requested information concerns an identifiable operation or activity of the government, and that plaintiff lacks a commercial interest in the information. Plaintiff "analyzes and synthesizes technical information" for its on-line discussion group, and has shown that it will disseminate the requested information "'to a sufficiently broad audience'" of those interested in the subject. The fact that plaintiff does not distribute printed materials is not a bar to its claim, and its "website, [online] newsletter and chat room are an adequate means of disseminating information." Furthermore, plaintiff's "stature as the largest advocacy group for federal inmates . . . lends credence to its position that a substantial number of individuals have and will continue to access its newsletters, chat room services and daily news updates." Finally, given the limited amount of information concerning ion spectrometry currently available, "any dissemination of information regarding the BOP's use of [it] will enhance the public's understanding of the technology."

FedCURE has obtained the records set out below after prevailing in the above styled case against the Federal Bureau of Prisons, to release the records pursuant the FOIA.  See:  http://www.fedcure.org/information/250205-FBOP-FOIA-PA-ION.shtml.  The bureau would not release the records without FedCURE paying $3,976.00 and would not grant FedCURE a FOIA fee waiver and FedCURE sued.  Consequently, the bureau paid $40,742.50 in FedCURE's attorneys fees and $585.64 in other fees and costs.

   

FedCURE invites the public to examine these records and to contribute to the analysis that would provide evidence to support the premise that the Ion Spectrometer machines are unreliable and therefore the Federal Bureau of Prisons must discontinue using the machines at all federal institutions.  Please send your comments and or findings to FedCURE at: http://www.fedcure.org/contact.shtml. 

   

FedCURE Notice:  Ion Spectrometry Device Program ~ Federal Bureau of Prisons: COMPLAINTS | PROCEDURES, see:  http://www.fedcure.org/documents/FedCURE_Notice-Ion_Spectrometry_Device_Program.shtml.

For Bureau Policy and Procedures on the Ion Spectrometry Device Program see:  http://www.fedcure.org/documents/5522_001-IonSpectrometryDeviceProgram.pdf

Please note:  Information has been redacted by the bureau claiming certain FOIA exemptions.  The bureau may have to produce the redacted information at a later date.  Additional records are forthcoming and we will publish here.  

FedCURE

                                                                                                                                       

   fIRST FOIA Production 08 January 2010:

1. 1-FedCURE_v_Lappin-FOIA-ION-CoverLetter-Production-080110.PDF
2. 027_98.wpd
3. 5522_0011 Ionizer Procedures.wpd
4. Bastrop.PDF
5. Big Sandy-R.pdf
6. BIG-05-03326 LOGrcd-R.pdf
7. BIG-05-03326 LOGrcds-ION-R.pdf
8. BIG-05-03326 Part 1_IONrcds-R.pdf
9. BIG-05-03326 Part 2_IONrcds-R.pdf
10. BIG-05-03326 Part 3_IONrecds-R.pdf
11. Butner.pdf
12. Chicago.pdf
13. CRW-05-0-3326-ION-Rcds-1.pdf
14. CRW-05-03326-ION-Rcds-2-R.pdf
15. CRW-05-03326-ION-Rcds-3-R.pdf
16. CRWFedCure FOIA ION LitigationFORM.doc
17. Devens-R.pdf
18. Dublin.pdf
19. El Reno-R.pdf
20. Englewood-R.pdf
21. Fort Worth-R.pdf
22. Ion Program procedures.wpd
23. Ion Track Request.wpd
24. ION.shw
25. IT3 TM001017r3 IT3 Maintenance .ppt
26. IT3 TM001018r3 IT3 Administration.ppt
27. La Tuna-R.pdf
28. Lewisburg.wpd
29. Lompoc Low-R.pdf
30. Lompoc Med-R.pdf
31. Los Angeles-R.pdf
32. Marianna.pdf
33. McCreary-A.xls
34. McCreary-B.doc
35. McCreary-C.wpd
36. Miami-R.pdf
37. Milan-R.pdf
38. National Ion Docs Gilmer Set 1-R.pdf
39. National Ion Docs Gilmer Set 2.pdf
40. National Ion Docs Lee-R.pdf
41. NCRO-R.pdf
42. NERO.pdf
43. New York-R.pdf
44. Oakdale FCI-FDC-R.pdf
45. Otisville-R.pdf

    
                                                                                                                                         

Second FOIA Production 26 March 2010:

         (PDF format)

1. 04-10-08-IonSpectrometry
2. 04-24-08-GE-states-corrected-false-positive-is
3. 08-23-06 BP-100(AF1)Itemizer2fromBMM-to-BMP
4. FCC-Beaumont(L)(C)-ALCOHOL-ION---01-2004-04-2007
5. FCC-Beaumont-ION-purchase
6. FCI-Beaumont-Reports-R
7. Phoenix-02-R
8. Phoenix-03-R
9. Phoenix-04-R
10. Phoenix-05-R
11. Pollock-R
12. Safford
13. San Diego-R
14. Schuylkill-R
15. SEA-05-03326-ION-Records-1-R
16. SEA-05-03326-ION-Records-2 Manual
17. SeaTac
18. Terminal Island-R
19. Terre Haute-R
20. Texarkana-R
21. Three Rivers-R
22. Tucson-R
23. USP-Atwater-Jan-2004-R
24. USP-Atwater-Feb-2004-R
25. USP-Atwater-March-2004-R
26. USP-Atwater-April-May2004-R
27. USP-Atwater-June-2004-R
28. USP-Atwater-August-2004-R
29. USP-Atwater-September-2004-R
30. USP-Atwater-Oct-2004-R
31. USP-Atwater-Nov-2004-R
32. USP-Atwater-Dec-2004-R
33. USP-Beaumont-DOC
34. USP-Beaumont-DOC(2)-R
35. USP-Beaumont-DOC(3)-R
36. USP-Beaumont-DOC(4)-R
37. USP-Beaumont-DOC(5)-R
38. USP-Beaumont-DOC000-R
39. USP-Beaumont-ION-machine-Info-R
40. Victorville

      (Power Point Presentation)

1. Slides-I3-Maintenance
2. Slides-I3-Operator
3. Slides-IT2-OperMaintenance4-14-02
4. Slides-V2Administrator
5. Slides-V2Maintenance
6. Slides-V2Operator-no-verify-drugs
7. TM001016r2IT3-Operator
8. TM001017r3IT3-Maintenance
9. TM001018r3IT3-Administration
10. TM001028Rev1Admin
11. TM001038-rev-2MaintenanceVT2
12. ION         

                   

 

E-mail your comments to FedCURE:  FedCURE

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FedCURE's Federal Criminal Justice Reform's

 

Let us give you a clear picture as to how we see the current landscape of Federal Criminal Justice Reform (CJR) and what we propose by way of reforms.  FedCURE handled the promotion and the five hour filming of the CBC Symposium, Rethinking Federal Sentencing Policy: Twenty-fifth Anniversary of the Sentencing Reform Act"  Sponsored by:  Harvard and Yale Law Schools, this past 24 June, in Washington, DC and FedCURE News is producing a series of videos of the symposium to stream here on  FedCURE websites and to air on PBS.  The CBC was in overwhelming agreement on reforms as set out in each of the panel discussions.   See:  http://www.fedcure.org/documents/CBC-Symposium-240609-FedCURE_Panel-4.shtml.   

 

While promoting FedCURE's initiatives, i.e., to establish a hybrid system of parole and good time allowances; and provide reentry opportunities for federal offenders, FedCURE is focusing on increasing Residential Reentry Center (RRC) capacity. An RRC is formerly known as half-way-house or HWH.  Over 60,000 people were released from federal prison last year, of which 20,000 were deported.  Currently, there is no place to put anyone, if parole and good time measures were adopted, as evidenced by the choked implementation of the Second Chance Act regarding CCC placement. Of the 37,635 people in prison who qualified for RRC placement in the last year ending this March, 20% did not go to RRC. 

 

The Second Chance Act (Public Law 110-199)

 

We have always known that there would be problems with the implementation of the Second Chance Act because there is not enough RRC capacity, however, we felt and still do, that it was more important to have the legislation in place as a first measure, then work on increasing RRC capacity.  The bottleneck, so to speak, is that there is not enough RRC capacity to implement the SCA as written, not to mention reducing federal prison sentences by parole or increased good time allowances.  FedCURE has been working behind the scenes, with top policy makers, making proposals to increase RRC capacity.  Our  proposal seeks to engage the nations some 8,600 faith-based and neighborhood partnership organizations (as defined by the White House Office for Faith-Based and Neighborhood Partnerships, see: http://www.whitehouse.gov/blog_post/working_with_faith/) to take on reentry at the point of CCC placement to increase capacity by 40-50 thousand people.   If the communities do not take it on, do not take their people back, then what are we doing?

 

The Fair Sentencing Act of 2009 (Crack Cocaine)

 

Durbin Introduces Bill to Eliminate Sentencing Disparity Between Crack and Powder Cocaine

Thursday, October 15, 2009

[WASHINGTON, D.C.] - Assistant Senate Majority Leader Dick Durbin (D-IL), joined by Judiciary Committee Chairman Patrick Leahy (D-VT), Crime and Drugs Subcommittee Chairman Arlen Specter (D-PA), and seven other Senators, introduced legislation today to eliminate the sentencing disparity between crack and powder cocaine. His bill, the Fair Sentencing Act, would refocus scarce federal resources toward large scale, violent traffickers and increase penalties for the worst drug offenders. According to the U.S. Sentencing Commission, restoring sentencing parity would do more than any other policy change to close the gap in incarceration rates between African Americans and whites. The Obama Administration endorsed eliminating the sentencing disparity at a hearing chaired by Durbin in April. 

Press Release:  http://durbin.senate.gov/showRelease.cfm?releaseId=318978

FedCURE Action Alert: 

 

Senator Richard Durbin (D-Ill.) introduced The Fair Sentencing Act - a bill to get rid of the notorious "100-to-1" ratio between crack and powder cocaine penalties (below).  Do your part.  Contact your Congressperson(s) and urge them to support this bill.  Go to:  FedCURE's Contact Congress Page at: http://www.fedcure.org/ContactCongressREP-SEN.shtml

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FedCURE's free Listserve and Discussion Group:
 
To learn more and to get involved join FedCURE's free Listserve and Discussion Group, where you can interact with FedCURE staffers and over 2,750 FedCURE subscribers.
 
For daily updates and to Subscribe, simply send an e-mail to: FedCURE-org-subscribe@yahoogroups.com 
To Post a message send to: FedCURE-org@yahoogroups.com 
To Unsubscribe send a e-mail to: FedCURE-org-unsubscribe@yahoogroups.com 
To visit the site go to:  http://groups.yahoo.com/group/FedCURE-org/ 
 
Before jumping in with a question, search the FedCURE archives of over 35,000 posts, to see if it has already been asked and answered. 

 

Please read FedCURE's FAQ at:   http://www.fedcure.org/FAQ.shtml.

 

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Tuesday 08 September 2009: Second Session

Friday,  07 August: Senate Breaks for Summer Recess

July 2009 - Schedule of Events:

• FedCURE and CUREnational are on the hill working on amendments to the Health Care Reform Bill currently being debated in Congress, to cover people in prisons and jails and reentry.  Stay tuned for a FedCURE Report.
• Wednesday,  22 July
  

11:00               National Criminal Justice Commission Coalition Meeting (Webb bill)
                        Open Society Policy Center
                        1120 19th Street, NW Suite 800
 
12:00               Reentry Working Group Meeting
                        Open Society Policy Center
 
3:00                 House Crime Subcommittee Hearing
                        "Over-Criminalization of Conduct/Over-Federalization of Criminal Law"
                        2237 Rayburn House Office Building
                        See attachment for witnesses
 
3:15                 House Crime Subcommittee Markup  (hearing will be interrupted for markup)
                        HR 3245 Fairness in Cocaine Sentencing Act of 2009 (Scott bill)
                        2237 Rayburn House Office Building
                        Attached please find ABA and ACLU letters in support of HR 3245
                        "Crack the Disparity buttons will be available outside of hearing room.

00:00               House Judiciary Subcommittee on Crime, Terrorism and Homeland Security unanimously passed H.R. 3245, the Fairness in Cocaine Sentencing Act of 2009, on July 22

.

• Friday,  31 July: House Breaks for Summer Recess.

 

 

June 2009 - Schedule of Held Events:

 

• Tuesday, June 9 - 12:30 till 2:00 pm - Goodwill Industries briefing on The Road to Reintegration: Goodwill Industries' Call to Action to Ensure Successful Reentry for People Who are Former Offenders. B-340 Rayburn
• Tuesday, June 9 - 4:30 till 6:30 pm - Briefing by Congressman Davis on the Responsible Fatherhood and Healthy Families Act. Speakers include Joshua Dubois, White House Director of Religious Affairs and Rep. Barbara Lee, Chair of the CBC. Room B-369 Rayburn. RSVP to Helen.Mitchell@mail.house.gov 
• Wednesday, June 10 - 3:30 pm till 5:15 pm - Showing of new documentary THE FARM: 10 DOWN (flyer forthcoming), about the Angola Prison at Open Society, 1120 19th Street, NW, Washington.
• Thursday, June 11 - 11:00 am - Meeting at Open Society office, 1120 19th Street, NW, Washington on the Democracy Restoration Act to restore voting rights in federal elections. Please RSVP to Garima Malhotra, garima.malhotra@nyu.edu  or  (212...
• Thursday, June 11 - 2:30 pm - Senate Judiciary Crime Subcommittee hearing on Senator Webb's legislation to create a national commission to make recommendations for criminal justice reform. FedCURE, Mark A. Varca, J.D., Acting Chairman, Subcommittee Testimony:  http://www.fedcure.org/documents/FedCURE-Test-M.A.Varca,ActChr-SCJ-SCD-NCJCA-Hrn.g110609w.pdf
• Monday, June 15  - Noon till 2:00 - public lobby session on DC anti-gang legislation 
• Tuesday, June 16 - Noon - Meeting focusing on reentry issues in the District of Columbia. Sandwiches will be served. Please rsvp to Gretchen Rohr at grohr@uls-dc.org 
• Tuesday, June 16 - 8:30 am - Joseph L. Rauh Lecture at the UDC David E. Clarke School of Law 
• Thursday, June 18 - Noon - Cato Book Forum: Dred Scott's Revenge, A Legal History of Race and Freedom in America.
• Wednesday, June 24, 2009,  4:00 p.m. - 7:00 p.m. Charles Hamilton Houston Institute for Race & Justice Harvard Law School, Congressional Black Caucus Symposium:  Rethinking Federal Sentencing Policy - 25th Anniversary of the Sentencing Reform Act.  U.S. House of Representatives, Committee on Ways and Means, U.S. Capitol Visitors Center, Orientation Theater South, Washington, DC. (FedCURE on Panel 4 ~ Second Look: A Hybrid System of Federal Parole and Good Time Allowances). Details:  http://www.fedcure.org/documents/CBC-Symposium-240609-FedCURE_Panel-4.shtml
  
• Friday, June 26 - All day - Time Banks USA conference in Madison, WI.
• Saturday, June 27 - Palm Harbor, FL. - A celebration of Dr. Kenny Linn's Life, FedCURE's former Chairman:   A Memorial.  http://www.fedcure.org/bios/linn.shtml.

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NEW!

 

FedCURE Subscription Donation Program - $7.00 per month reoccurring payments to support FedCURE:

Please go to our Donate & Join page at: http://www.fedcure.org/join.shtml   Select the "SUBSCRIBE" button (FedCURE Reoccurring Payment Subscription).  You will be taken to our secure PayPal page.  Enter your payment information and your done. 

Thank you for supporting FedCURE and its work.  You can feel good about it.

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FedCURE Action Alert:

• FedCURE Contact Congress Campaign:
  
  H.R. 1475 - `Federal Prison Work Incentive Act of 2009' - 'A bill To amend title 18, United States Code, to restore the former system of good time allowances toward service of Federal prison terms, and for other purposes.  Status:  Submitted  by Rep. Danny K. Davis (D. ILL) on 12 March 2009. 
  
  Action Alert:  Do your part.  Contact your Congressperson(s) and urge them to support this bill.  Go to:  FedCURE's Contact Congress Page at: http://www.fedcure.org/ContactCongressREP-SEN.shtml

Contact Congress

 

Pass it ON!  Pass it ON!

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Removed Action Alert & Update:  FedCURE's 100,000 Letter Writing Campaign

 

Up Date:  

• FedCURE's "100,000 Letter Writing Campaign" produced almost 24,000 letters to the United States Sentencing Commission.  Albeit, not 100k, we were heard loud and clear.  Your letters worked.  FedCURE was on the docket for the United States Sentencing Commission's public hearing, held in Washington, DC, on 17 March 2009 at 4:30pm.   FedCURE strongly urged the Commission to adopt FedCURE's public comment to amend the Sentencing Guidelines to  incorporate a hybrid system of parole and good time allowances. 
   
  Sadly, on 01 May 2009, the United States Sentencing Commission released its proposed amendments to the guidelines manual, effective 01 November 2009.  See:  http://www.ussc.gov/2009guid/20090501_Reader_Friendly_Amendments.pdf.  You should be mortified to learn that there is not one word about "parole" or "good time allowances"  throughout the 57 pages of amendments; and that there are no reductions in sentences, whatsoever, only increases. 

• To view FedCURE's Public Comment see:  http://www.fedcure.org/information/FedCURE-USSC-PriorityAmendmentCycleEnding-01May2009-f.pdf
• To read FedCURE's Testimony to the United States Sentencing Commission by Dr. Kenny Linn, J.D., LL.M., see:  http://www.fedcure.org/documents/FedCURE-USSC-Testimony170309HrngKHL-070309.pdf
• http://www.fedcure.org/information/HouseCJSR-USSC-Hrngs.shtml USSC Letter to FedCURE of 26 March 2009, Confirming the Public Record:  http://www.fedcure.org/documents/USSC-KHLFC-260309.pdf
• To view the orginal "Wrtie a Letter" see:  http://www.fedcure.org/information/FedCURE100kLetterWriting.shtml

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Federal Parole and Good Time Allowances Legislation:

There are now two separate bills:

1.  A Hybrid System of Parole:   

FedCURE draft legislation is pending in Rep. Danny K. Davis' office.  FedCURE is also seeking Republican support. Stay tuned. We will post more information as it becomes available.  Please do not clog up the FedCURE discussion group, blogs and or e-mails with redundant questions on the timing of introduction of this bill.

 

2.  Good Time Allowances:   H.R.1475 - `Federal Prison Work Incentive Act of 2009' 

 

H.R. 1475 - `Federal Prison Work Incentive Act of 2009' - 'A bill To amend title 18, United States Code, to restore the former system of good time allowances toward service of Federal prison terms, and for other purposes.   Status:  Submitted  by Rep. Danny K. Davis (D. ILL) on 12 March 2009. 

Action Alert:  Do your part.  Contact your Congressperson(s) and urge them to support this bill:

Contact Congress

T U.S. Senators Directory

T Senate Judiciary Committee

T U.S. House Judiciary Committee

T House of Representatives Mail Labels (word.doc)

T FedCURE's Contact Congress Page

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Bookmark:  http://www.fedcure.org/documents/HR1475.shtml

Former bill, H.R. 7089 (same text):

Full text and status:  http://www.fedcure.org/information/HR7089.shtml. 

Full text in PDF:  H.R. 7089 in PDF.

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Background: On 11 September 2008, FedCURE attended a meeting in the office of Rep. Danny Davis, which lasted about two hours. In attendance were Rep. Davis' point person for two bills being considered, two ex-Wardens, another Congressperson, the Chief of Staff and Chief Counsel of the U. S. Parole Commission and members and lobbyists for a number of advocacy organizations. All together there were probably twenty or so people in the room. The good time bill will get a minor language tweak and should be ready for submission late next week or early the following week. Basically it restores the old law good time statutes that were repealed (Title 18 USC Sec. 4161-4166). If passed, it would shorten prison sentences measurably for everyone but lifers. We spoke with Rep. Davis one-on-one after the meeting to convince him to introduce the parole bill now as well to keep the momentum going. He has no objection to doing this, but will not introduce it at the same time with the good time bill. Time is short because the House is supposed to adjourn at the end of September. FedCURE will be pushing to get him and his staff member to finalize the parole bill and get it introduced, but there is no guarantee this will happen. We are moving along a lot slower than we would like, but that is the way Washington works and there is little we can do about it. All in all, we are pleased that these issues are front and center on Rep. Davis' agenda and we think we can see major support develop early next year. On 06 May 2008, FedCURE had extensive meetings with Rep. Danny K Davis (D IL) and his key staffers.  The Criminal Justice Tax Relief Act of 2008 (CJTRA) authored by FedCURE has been changed in a couple of significant ways and will probably have a new name.   For now it is titled The Federal Release Revision Act of 2008.  Without going into detail (the devil is always in the details), suffice it to say that increased good time and parole review by the United States Parole Commission for those given over a certain length of sentence are the two focuses of this bill.  FedCURE is very happy at the outcome.   The proposed bill will still affect each and every inmate in some positive way.  Rep. Davis has formed an advisory panel of a number of federal judges, a former Deputy Attorney General, a couple of post-conviction defense counsel, key Judiciary Committee staffers and representatives of the BOP, Parole Commission, Probation Services and other government agencies,  FedCURE is finishing up the rewrite and will be forwarding a copy back to Rep. Davis' staff for distribution of a highlighted talking points bulletin to the Advisory Panel.  The Panel is being asked for a twenty day turnaround for comments at which point another rewrite will doubtlessly take place before it is presented to House Counsel for their dissection  of the details to make sure they conform to whatever statutory changes would have to take place in the event that the bill passes.  All of this takes time and we are aware that time is of consequence.  Rest assured we are pushing as hard as we can to get this bill introduced as soon as possible. On 20 April 2007 FedCURE met with the point person for Rep. Danny K. Davis of Illinois the main sponsor of last year's federal parole bill - H.R. 3072.   FedCURE also spent about one half hour with Rep. Davis.   Subsequently, FedCURE drafted a new bill titled: The Criminal Justice Tax Relief Act of 2008 (CJTRA), which will take a different focus. The CJTRA would establish a hybrid system of parole for all federal offenders. The bill is estimated to save the U.S. taxpayers $4 to $7 billion dollars annualy.   The CJTRA, would, inter alia:

• Reinstate the old parole statutes and make amendments thereto.

  Make all offenders eligible for parole.

  Increase good time allowances.

  Give jurisdiction to the United States Parole Commission to set release dates in accordance with applicable parole guidelines or the U.S. Sentencing Guidelines, whichever is lowest. 

  Provide for reduction in term of imprisonment of elderly offenders.

  Clarify parole procedures. 

  Provide post incarceration supervision.  

  Apply prospectively and retroactively. 

  Extend the life of the United States Parole Commission for twenty years.

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  FedCURE Reports:

  Congressional and USSC hearings

        

  • House Committtee on the Judiciary - Hearing on: H.R. 6509, the Reauthorization of the U.S. Parole Commission.
    

   

  Hearing 16 July 2008: FedCURE, Dr. Kenny Linn, J.D., LL.M., Chairman, Testimony on H.R. 6509: 

  http://judiciary.house.gov/hearings/hear_071608.html

   

  • U.S. House of Representatives Appropriations Subcommittees on Commerce, Justice, Science and Related Agencies: 

  Hearings 10-12 March 2009: http://www.fedcure.org/information/HouseCJSR-USSC-Hrngs.shtml 

   

  • United States Sentencing Commission.

  USSC Hearing 17 March 2009:FedCURE, Dr. Kenny Linn, J.D., LL.M., Chairman, Testimony USSC:

  http://www.fedcure.org/documents/FedCURE-USSC-Testimony170309HrngKHL-070309.pdf

  USSC Letter to FedCURE of 26 March 2009, Confirming the Public Record: 

  http://www.fedcure.org/documents/USSC-KHLFC-260309.pdf

   

  • Senate Judiciary Crime Subcommittee hearing on S.714 - National Criminal Justice Commission Act 2009:

   

  Hearing 11 June 2009: FedCURE, Mark A. Varca, J.D., Acting Chairman, Subcommittee Testimony:  

  http://www.fedcure.org/documents/FedCURE-Test-M.A.Varca,ActChr-SCJ-SCD-NCJCA-Hrn.g110609w.pdf

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  The Second Chance Act of 2007

  Public Law 110-199

   

  The Second Chance Act of 2007 - was signed into law by President Bush on 09 April 2008. Public Law 110-199.

  The bill was introduced in the 110th Congress on 20 March 2007 as H.R. 1593.   Just a week after the re-introduction of the bill, 28 March 2007, members of the House Judiciary Committee passed H.R. 1593 out of committee.  During the mark-up of the bill, members voted down several amendments that would have jeopardized the bipartisan support for the bill.  Sen. Bidden introduced S. 1060, an identical bill, in the Senate on 29 March 2007.   On 02 August 2007 the Senate Judiciary Committee passed out the Second Chance Act.  Unanimously. The Second Chance Act passed in the Senate, late Tuesday night (11 March 2008) and awaits the signature of President Bush before it can become law. The U.S. House of Representatives voted 347 to 62 to pass the Second Chance Act on 13 November 2007. The bipartisan bill was passed by voice vote, last night, after the Senate adopted a concurrent resolution (H Con Res 270) that made minor changes to the Second Chance Act, including limiting the federal share of project costs for some reentry programs.

  FedCURE called on President George Bush to sign the Second Chance Act in to law at his earliest convenience. During his State of the Union address in 2004, the president coined "America is the land of second chance, and when the gates of the prison open, the path ahead should lead to a better life." He announced a proposal that would make $300 million in grant money available over four years for prisoner reentry initiatives, including those involving faith-based groups. The President is to be thanked for getting the ball rolling.

  The President signed the Second Chance Act on 09 April 2008 at the White House. Public Law 110-199.

  For updates send an e-mail to:
  FedCURE-org-subscribe@yahoogroups.com

  Gene Guerrero, Director of The Open Society Institute/Open Society Policy Center (SOROS) is the lead lobbying effort behind this legislation.

  Congratulations to Rep. Danny K. Davis, D-Ill., the lead sponsor of The Second Chance Act (H.R. 1593) and Joseph R. Biden, Jr., D-Del., the lead sponsor of a companion Senate measure S.1060.

   

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  Click Here: FedCURE News and Legislative Updates - Archives 2oo7 to 2oo3

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