Monday, January 19, 2015

Mandatory MInimum and Prisoner Relief Legislation Pending in Congress


Further Updates on New Legislation Affecting the Incarcerated

 

By Derek Gilna

 

As those of us involved in the front lines of criminal justice reform are only too well aware, the wheels of change move all too slowly to suit the incarcerated and their families Many of the previously-introduced bills, such as Smarter Sentencing Act, Justice Safety Valve Act, and other reform legislation faded into oblivion at the end of the year (since they were not passed by the old 113th Congress), as the new,  114th Congress took office.  All of the above sentence-relief legislation will have to be reintroduced and once again referred to the judiciary committee before any substantive legislative action can take place and a bill sent to the President’s desk.  I’m not holding my breath.

Congress appears to be preoccupied with the economy, terrorism, treaty negotiations with Iran, illegal immigration, and yes, politics.  Most media headlines concentrate on the areas of disagreement between Congress and the President.  Congressional resentment over the President’s Executive action on immigration has brought to a halt most legislative initiatives on many bi-partisan issues (such as sentence reform) as the two parties maneuver for political advantage.

Although there is widespread bipartisan support for reform of firearms-enhanced laws and mandatory minimum sentences, with  all parties in apparent agreement that the justice system is broken, we will probably still have to rely upon the U.S. Sentencing Commission for constructive action over the short term.

There was, however a new bill (HR 71) introduced in the House on January 6, 2015, titled the “Federal Prison Bureau Nonviolent Offender Relief Act of 2015,” which does hold some promise.  According to its sponsor, it would “direct the Bureau of Prisons, pursuant to a good time policy, to release a prisoner who has served one half or more of his or her term of imprisonment if that prisoner 1) has attained age 45; (2) has never been convicted of a crime of violence; and (3) has not engaged in any violation, involving violent conduct of institutional discipline.”  This is not unlike other previously introduced legislation that has not progressed to passage.  It has been referred to the House Committee on the Judiciary.

In the meantime, those looking for sentence relief will have to go about it the old-fashioned way, through the courts, the clemency process, and BOP programs like Compassionate Release.  If I can be of assistance to you in this or other related matters, I invite your inquiry.

 


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