Breaking News: BOP Staff to Receive Guidance on Sentence Computation and other Programming Credits
This will be a new system that allows some federally incarcerated individuals to earn time credits by completing programming. These persons will have been determined by the BOP to be of low or minimum risk of reoffending. One can earn 15 days of credits for each 30 days of programming completed. Other higher risk / security level inmates can earn 10 days of credits for every 30 days of programming completed.
In contrast, Good Time Credits- result in real time deducted from a prisoner’s sentence and are gained by maintaining good behavior during incarceration. The ACT calls for up to 54 days per year up from 47 days per year.
Earned time credits can be redeemed when an inmate’s earned time credit balance equals or greater than the remainder than the term of imprisonment. All inmates who successfully participate in programming are to have their risk assessment at least once a year. Medium and High risk inmates are more eligible within 5 years of release.
An inmate can be released to the halfway house RRC and/or home confinement earlier due to accumulating earned time credits.
*** No one will see additional good time credit added to their sentence until at least seven months after December 21, 2018, unless the DOJ completes and releases the risk assessment tool sooner than that.
Earned Time Credit- won’t go into effect for at least 210 days to finalize and release publicly the risk assessment tool. The BOP has six months to apply the tool to every person in federal prison and TWO YEARS to create programming and productive activities for inmate participation.
Non-Citizens- Those with Immigration Detainers may complete programs and earn time credits, but they are NOT eligible to redeem earned credits for RRC, mainly because they are precluded from such benefits. However, they may use the the credits for more phone and email time, longer visits, and more items to purchase at commissary. Wardens will have discretion on how to dispense these incentives to aliens.
Who is not eligible? Fentanyl traffickers, heroin/opiate and methamphetamine traffickers who played a leadership role, sex offenders, immigration offenders, all 924 gun offenders.. below is a more exhaustive list of who is ineligible.
Placement of prisoners close to families.
The Federal Bureau of Prisons (BOP) essentially has unlimited discretion to decide which prison to send inmates to for service of their sentence. This will continue, particularly if the inmate has a long sentence, part of a security threat group, or has separation issues. Call us for clarification for your particular case.
The FIRST STEP Act works to address family separation caused by imprisonment. Under the Section 601 of the bill, the BOP will now be required to “place the prisoner in a facility as close as practicable to the prisoner’s primary residence,” and to the extent possible within 500 driving miles of the inmate’s home. Again, this may not occur for the reasons above. The words as practicable and matching security / custody levels might preclude a closer placement. Call us for details.
Further, inmates already in BOP prisons will be given the opportunity to decide if they want to stay at their current facility or transfer to another prison closer to the inmate’s home. This is true even if the inmate is already within 500 driving miles of their primary residence. Remember, this case the coordination of buses, US Marshals etc to conduct a move. This will be easier said than done.
The ACT is virtually useless here. Here’s why: the Act requires the BOP to put inmates within 500 miles.. WHENEVER POSSIBLE, as long as there is BED SPACE and PLACEMENT LINES UP WITH SECURITY FACTORS AND OTHER MEDICAL NEEDS. Well folks, that’s not different than is practiced now for the most part.
Home Confinement For Low-Risk Prisoners.
This part of the First Step Act changes current law to make clear that Congress intends for low-risk inmates to spend as much time as possible on home confinement. The First Step Act directs BOP to place these lower risk prisoners on home confinement during the end of their sentence “for the maximum amount of time” permitted by law.
Remember, Home Confinement is run through the RRC’s (half way house). If there are a shortage of RRC beds ( which there will be for years) it will be challenging to get all eligible offenders into home confinement or other community confinement.
Elderly Offender Home Detention And Compassionate Release Reform
The ACT expands the Elderly Home Detention Pilot Program and makes critical changes to how compassionate release requests are considered. This will require the BOP to expedite the review process for terminally ill prisoners and to allow family to visit that person quickly.
*** Most significant, the ACT gives federal prisoners the ability to petition directly to the sentencing court for compassionate release in the event the BOP has waited more than 30 days to respond to a petition or the federal prison has been denied compassionate release after exhausting all administrative remedies at the BOP.
Again, there are requirements on how much time has been served and the inmates level of sickness. Care levels need to match an appropriate level for eligibility. Contact us @ 214-431-2032 for more information.
The Prior Version Of The Elderly Offender Home Detention Pilot Program
When Congress passed the Second Chance Act of 2007, it authorized an elderly home detention pilot program. 34 U.S.C. 60541(g). The pilot program was only available in a handful of BOP facilities, limited to 2009 and 2010, and eligibility was defined as applying to anyone:
(i)
who is not less than 65 years of age;
(ii)
who is serving a term of imprisonment that is not life imprisonment based on conviction for an offense or offenses that do not include any crime of violence (as defined in section 16 of title 18), sex offense (as defined in section 20911(5) of this title), offense described in section 2332b(g)(5)(B) of title 18, or offense under chapter 37 of title 18, and has served the greater of 10 years or 75 percent of the term of imprisonment to which the offender was sentenced;
(iii)
who has not been convicted in the past of any Federal or State crime of violence, sex offense, or other offense described in clause (ii);
(iv)
who has not been determined by the Bureau of Prisons, on the basis of information the Bureau uses to make custody classifications, and in the sole discretion of the Bureau, to have a history of violence, or of engaging in conduct constituting a sex offense or other offense described in clause (ii);
(v)
who has not escaped, or attempted to escape, from a Bureau of Prisons institution;
(vi)
with respect to whom the Bureau of Prisons has determined that release to home detention under this section will result in a substantial net reduction of costs to the Federal Government; and
(vii)
who has been determined by the Bureau of Prisons to be at no substantial risk of engaging in criminal conduct or of endangering any person or the public if released to home detention.
B. The First Step Act Expands The Elderly Home Detention Pilot Program
The First Step Act reauthorizes the Elderly Home Detention program for fiscal years 2019-2023, and expands eligibility for the program. Under the expanded eligibility criteria:
(1) The program is now available at all BOP facilities;
(2) The age for qualification is reduced from 65 years to 60 years of age; and only
(3) 2/3 of the sentence must be served to be eligible (2/3 is equal to 66.6 percent).
Other provisions apply.. call us for details.
Prisoners Excluded from Earning Time Credits.
Unfortunately, the First Step Act excludes large categories of offenders from earning the “time credits” that apply to pre-release custody or supervised release. The excluded offenses are:
‘‘(i) Section 81, relating to arson within special maritime and territorial jurisdiction.
‘‘(ii) Section 111(b), relating to assaulting, resisting, or impeding certain officers or employees using a deadly or dangerous weapon or inflicting bodily injury.
‘(iii) Paragraph (1), (7), or (8) of section 113(a), relating to assault with intent to commit murder, assault resulting in substantial bodily injury to a spouse or intimate partner, a dating partner, or an individual who has not attained the age of 16 years, or assault of a spouse, intimate partner, or dating partner by strangling, suffocating, or attempting to strangle or suffocate.
‘‘(iv) Section 115, relating to influencing, impeding, or retaliating against a Federal official by injuring a family member, except for a threat made in violation of that section.
‘‘(v) Section 116, relating to female genital mutilation.
‘‘(vi) Section 117, relating to domestic assault by a habitual offender.
‘‘(vii) Any section of chapter 10, relating to biological weapons.
‘‘(viii) Any section of chapter 11B, relating to chemical weapons.
‘‘(ix) Section 351, relating to Congressional, Cabinet, and Supreme Court assassination, kidnapping, and assault.
‘‘(x) Section 521, relating to criminal street gangs.
‘‘(xi) Section 751, relating to prisoners in custody of an institution or officer.
‘‘(xii) Section 793, relating to gathering, transmitting, or losing defense information.
‘‘(xiii) Section 794, relating to gathering or delivering defense information to aid a foreign government.
“‘(xiv) Any section of chapter 39, relating to explosives and other dangerous articles, except for section 836 (relating to the transportation of fireworks into a State prohibiting sale or use).
‘‘(xv) Section 842(p), relating to distribution of information relating to explosives, destructive devices, and weapons of mass destruction, but only if the conviction involved a weapon of mass destruction (as defined in section 2332a(c)).
‘‘(xvi) Subsection (f)(3), (h), or (i) of section 844, relating to the use of fire or an explosive.
‘‘(xvii) Section 924(c), relating to unlawful possession or use of a firearm during and in relation to any crime of violence or drug trafficking crime.
‘‘(xviii) Section 1030(a)(1), relating to fraud and related activity in connection with computers.
‘‘(xix) Any section of chapter 51, relating to homicide, except for section 1112 (relating to manslaughter), 1113 (relating to attempt to commit murder or manslaughter, but only if the conviction was for an attempt to commit manslaughter), 1115 (relating to misconduct or neglect of ship officers), or 1122 (relating to protection against the human immunodeficiency virus).
‘‘(xx) Any section of chapter 55, relating to kidnapping.
‘‘(xxi) Any offense under chapter 77 relating to peonage, slavery, and trafficking in persons, except for sections 1593 through 1596.
‘‘(xxii) Section 1751, relating to Presidential and Presidential staff assassination, kidnapping, and assault.
‘‘(xxiii) Section 1791, relating to providing or possessing contraband in prison.
‘‘(xxiv) Section 1792, relating to mutiny and riots.
‘‘(xxv) Section 1841(a)(2)(C), relating to intentionally killing or attempting to kill an unborn child.
‘‘(xxvi) Section 1992, relating to terrorist attacks and other violence against railroad carriers and against mass transportation systems on land, on water, or through the air.
‘‘(xxvii) Section 2113(e), relating to bank robbery resulting in death.
‘‘(xxviii) Section 2118(c), relating to robberies and burglaries involving controlled substances resulting in assault, putting in jeopardy the life of any person by the use of a dangerous weapon or device, or death.
‘‘(xxix) Paragraph (2) or (3) of section 2119, relating to taking a motor vehicle (commonly referred to as ‘carjacking’) that results in serious bodily injury or death.
‘‘(xxx) Any section of chapter 105, relating to sabotage, except for section 2152.
‘‘(xxxi) Any section of chapter 109A, relating to sexual abuse.
‘‘(xxxii) Section 2250, relating to failure to register as a sex offender.
‘‘(xxxiii) Section 2251, relating to the sexual exploitation of children.
‘‘(xxxiv) Section 2251A, relating to the selling or buying of children.
‘‘(xxxv) Section 2252, relating to certain activities relating to material involving the sexual exploitation of minors.
‘‘(xxxvi) Section 2252A, relating to certain activities involving material constituting or containing child pornography.
‘‘(xxxvii) Section 2260, relating to the production of sexually explicit depictions of a minor for importation into the United States.
‘‘(xxxviii) Section 2283, relating to the transportation of explosive, biological, chemical, or radioactive or nuclear materials.
‘‘(xxxix) Section 2284, relating to the transportation of terrorists.
‘‘(xl) Section 2291, relating to the destruction of a vessel or maritime facility, but only if the conduct that led to the conviction involved a substantial risk of death or serious bodily injury.
‘‘(xli) Any section of chapter 113B, relating to terrorism.
‘‘(xlii) Section 2340A, relating to torture.
‘‘(xliii) Section 2381, relating to treason.
‘‘(xliv) Section 2442, relating to the recruitment or use of child soldiers.
‘‘(xlv) An offense described in section 3559(c)(2)(F), for which the offender was sentenced to a term of imprisonment of more than 1 year, if the offender has a previous conviction, for which the offender served a term of imprisonment of more than 1 year, for a Federal or State offense, by whatever designation and wherever committed, consisting of murder (as described in section 1111), voluntary manslaughter (as described in section 1112), assault with. intent to commit murder (as described in section 113(a)), aggravated sexual abuse and sexual abuse (as described in sections 2241 and 2242), abusive sexual contact (as described in sections 2244(a)(1) and (a)(2)), kidnapping (as described in chapter 55), carjacking (as described in section 2119), arson (as described in section 844(f)(3), (h), or (i)), or terrorism (as described in chapter 113B).
“‘(xlvi) Section 57(b) of the Atomic Energy Act of 1954 (42 U.S.C. 2077(b)), relating to the engagement or participation in the development or production of special nuclear material.
‘‘(xlvii) Section 92 of the Atomic Energy Act of 1954 (42 U.S.C. 2122), relating to prohibitions governing atomic weapons.
‘‘(xlviii) Section 101 of the Atomic Energy Act of 1954 (42 U.S.C. 2131), relating to the atomic energy license requirement.
‘‘(xlix) Section 224 or 225 of the Atomic Energy Act of 1954 (42 U.S.C. 2274, 2275), relating to the communication or receipt of restricted data.
‘‘(l) Section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), relating to the sabotage of nuclear facilities or fuel.
‘‘(li) Section 60123(b) of title 49, relating to damaging or destroying a pipeline facility, but only if the conduct which led to the conviction involved a substantial risk of death or serious bodily injury.
‘‘(lii) Section 401(a) of the Controlled Substances Act (21 U.S.C. 841), relating to manufacturing or distributing a controlled substance in the case of a conviction for an offense described in subparagraph (A), (B), or (C) of subsection (b)(1) of that section for which death or serious bodily injury resulted from the use of such substance.
‘‘(liii) Section 276(a) of the Immigration and Nationality Act (8 U.S.C. 1326), relating to the reentry of a removed alien, but only if the alien is described in paragraph (1) or (2) of subsection (b) of that section.
‘‘(liv) Section 277 of the Immigration and Nationality Act (8 U.S.C. 1327), relating to aiding or assisting certain aliens to enter the United States.
‘‘(lv) Section 278 of the Immigration and Nationality Act (8 U.S.C. 1328), relating to the importation of an alien into the United States for an immoral purpose.
‘‘(lvi) Any section of the Export Administration Act of 1979 (50 U.S.C. 4611 et seq.)
‘‘(lvii) Section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705).
‘‘(lviii) Section 601 of the National Security Act of 1947 (50 U.S.C. 3121), relating to the protection of identities of certain United States undercover intelligence officers, agents, informants, and sources.
‘‘(lix) Subparagraph (A)(i) or (B)(i) of section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) or paragraph (1)(A) or (2)(A) of section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)), relating to manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, dispense, or knowingly importing or exporting, a mixture or substance containing a detectable amount of heroin if the sentencing court finds that the offender was an organizer, leader, manager, or supervisor of others in the offense, as determined under the guidelines promulgated by the United States Sentencing Commission.
‘‘(lx) Subparagraph (A)(vi) or (B)(vi) of section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) or paragraph (1)(F) or (2)(F) of section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)), relating to manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, or dispense, a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4- piperidinyl] propanamide, or any analogue thereof.
“‘(lxi) Subparagraph (A)(viii) or (B)(viii) of section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 11 841(b)(1)) or paragraph (1)(H) or (2)(H) of section 1010(b) the Controlled Substances Import and Export Act (21 U.S.C. 960(b)), relating to manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, or dispense, or knowingly importing or exporting, a mixture of substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers, if the sentencing court finds that the offender was an organizer, leader, manager, or supervisor of others in the offense, as determined under the guidelines promulgated by the United States Sentencing Commission.
‘‘(lii) Subparagraph (A) or (B) of section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) or paragraph (1) or (2) of section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)), relating to manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, or dispense, a controlled substance, or knowingly importing or exporting a controlled substance, if the sentencing court finds that—(I) the offense involved a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide, or any analogue thereof; and (II) the offender was an organizer, leader, manager, or supervisor of others in the offense, as determined under the guidelines promulgated by the United States Sentencing Commission.”
Contact us at 214-431-2032 or email at federalprisonauthoritybop@gmail.com for more information.
Bruce Cameron
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