Congress to enact pilot program for the release
of elderly, nonviolent prisoners
12/4/06
The 109th Congress is going out with a bang. After long, grueling negotiations on the part of Senate staffers, a limited pilot program for the early release of nonviolent, elderly prisoners was added to H.R. 1751 (the court security bill). Previously, Congress considered including this provision to H.R. 1704, the Second Chance Act. The court security bill passed Congress during the week of Dec. 4.
The pilot program will run through 2008 and will be held most likely at only one Bureau of Prisons (BOP) facility of the BOP director’s choosing. This means qualifying elderly prisoners at other BOP facilities will not be eligible. State prisoners cannot be eligible altogether. To qualify at the selected institution(s), a prisoner must be at least 60 years of age; have served either 10 years or half of the prison sentence, whichever is greater; cannot be presently serving a sentence for a crime of violence; cannot have in the BOP’s determination a history of violence; cannot have escaped or attempted to escape; and cannot have committed an infraction involving an act of violence.
Qualifying elderly prisoners will be removed from prison and placed on home detention during the duration of their sentence. A violation of the terms of home detention will result in their return to their previous BOP institution.
The elderly release pilot program is a major victory symbolizing the changing attitudes in Congress, and we should be thankful for the courageous Congressional staffers who fought hard to get this provision through Congress. Although many elderly prisoners will not be eligible, the pilot program’s success could convince Congress in the future that all nonviolent, elderly prisoners deserve to be placed on home detention instead of languishing unnecessarily in prison.
The court security bill is good in other ways too. It will, among other things, increase penalties for committing violent and other crimes against federal judges, certain federal employees and their families. While the House’s version of H.R. 1751 included some mandatory minimums, the current version has been stripped of all mandatory minimums. FAMM has long argued that Congress need not fear judges going easy on defendants who have harmed fellow judges or their family members. FAMM is pleased to see this message finally take hold.
As always, FAMM will report on any updates through our e-alerts and on our website, www.famm.org.