Monday, August 3, 2015

Bureau of Prisons Clemency Fails to Live Up to Expectations


Highly-Acclaimed Program Has not Lived Up to the Hype

 

By Derek Gilna

 

            Clemency relief is something that caught our imagination many months ago, when the BOP program to apply over Corrlinks got everyone excited.  Recently, however, I have come to the conclusion that the highly-touted BOP clemency process (not private applications) is about as reliable  as that almost daily inmate.com rumor that Congress is about to reduce federal sentences by one-third. With less than 100 petitions granted out of 20,000 funneled through the BOP program, one has almost a better chance of hitting the lottery than getting a BOP-generated clemency.

It’s not that the President’s heart is not in the right place-it is.  You saw that by the fact that he went to El Reno prison.  No matter how many coats of paint you put on a jail, it still looked like a jail, and there was evidence that the experience affected him deeply. (More federal officials and judges should make the same visit.) However, despite the President’s good intentions, it appears that the DOJ, whether intentional or unintentional, has done everything it could to throw sand in the gears of the entire BOP clemency process. 

 Any attorney volunteering (meaning: “unpaid”) for BOP clemency file review has to endure four 90-minute training sessions before they are even sent files to examine.  How likely is it that many of them will follow the process through to completion, given that it is difficult to even get your attorney to call you back if you are a paying client?   It is my opinion that a mere handful of those BOP applications have been put into the system for processing. There is no method by which you can check where you are in the BOP application process.

If you are interested in refilling your clemency application, I would be pleased to do so at reasonable cost without delay.  Time is running out with Obama leaving office in 15 months.

And while it is true that Congress is now finally working on sentence relief, it will take months before we know whether or not there will be sentence relief, and whether it will be retroactive. In the meantime, as always, your best hope of relief is someone with years of navigating the criminal justice system, and will work with you to win sentence relief.

Federal Legal Center, Inc, an Illinois not for profit corporation

Derek A Gilna, Director

P.G. Miller, of counsel

113 McHenry Rd. #173

Buffalo Grove, IL  60089 

dgilna1948@yahoo.com