2.7.12 - New government report reviews BOP use of authority to reduce prison sentences
The Government Accountability Office (GAO) released a report on February 7, 2012 reviewing the Bureau of Prison’s (BOP) use of existing authorities to reduce a federal prisoner’s period of incarceration. The report looked primarily at good time, the Residential Drug Abuse Program and potential release to community corrections including home confinement at the end of a sentence. The report also reviews other early release authorities, including compassionate release. The GAO concludes that eligibility requirements and lack of capacity or resources affect the BOP’s use of its authority to reduce a prisoner’s time in prison. Click here to download the report.
2.2.12 - Grassley adds new mandatory minimum to VAW Act
On February 2, Senator Grassley (R-Iowa) successfully added a new mandatory minimum sentence to S.1925, the Violence Against Women Reauthorization Act of 2011. Grassley’s amendment would create a new five-year mandatory minimum for aggravated sexual assault. Sex crimes are among the most heinous acts perpetrated in our society. Convicted offenders deserve to punished – and, depending on the nature and circumstances of the crime and offender – punished harshly. Read more
12.14.11 - House passes drug conspiracy expansion bill
On December 13, the U.S. House of Representatives passed by voice vote H.R. 313. The bill would criminalize drug trafficking conspiracies in which the drugs are not intended to be or actually distributed within United States territory. The measure would subject those convicted of being involved in such conspiracies to the same criminal penalties that apply to trafficking within the United States, including mandatory minimum sentences. Read more
12.13.11 - Hearing on reforming the criminal code
On December 13, the House Judiciary Committee Subcommittee on Crime, Terrorism, and Homeland Security held a hearing on H.R. 1823, the "Criminal Code Modernization and Simplification Act of 2011." The Committee heard from former Attorney General Edwin Meese III; former Attorney General Dick Thornburg; Tim Lynch, director of the CATO Institute’s Project on Criminal Justice; and Stephen Saltzburg, Wallace and Beverly Woodbury University Professor, George Washington University School of Law.
In a review of the legislation, FAMM found that the bill would make a number of substantive changes to sentencing policy that could, at worst, increase the number of defendants subject to criminal penalties and increase the length of defendants’ sentences. At a minimum, the bill would introduce a new level of uncertainty in sentencing. For example, the proposal uses the term “imprisoned” instead of “sentenced to a term of imprisonment” when, for example, stating mandatory minimum terms. This may affect the calculation of good time credits. The bill has not been scheduled for consideration by the Committee. To read testimony by the witnesses, please click here.
12.8.11 - FAMM calls House passage of synthetic drug bill a step in the wrong direction
FAMM President Julie Stewart expressed disappointment after the U.S. House of Representatives voted to approve H.R. 1254, legislation that adds 41 new synthetic drugs to the Controlled Substances Act. The bill, if enacted, would expand mandatory minimum sentences. Read more
12.1.11 - FAMM sends message about mandatory minimums to lawmakers
One month after the U.S. Sentencing Commission introduced its report to Congress, “Mandatory Minimum Penalties in the Federal Criminal Justice System,” FAMM sent members of Congress the lessons we took from the report. The study found that “certain mandatory minimum provisions apply too broadly, are set too high, or both . . . [leading] to inconsistencies in [their] application.” The Commission’s report bolsters many of the arguments that FAMM and other reform advocates have been making for years against the use of mandatory minimums, including:
- Many mandatory minimums are excessively severe.
- Mandatory minimums overfill prisons and drain taxpayer dollars.
- Mandatory minimums create sentencing disparities.
- Mandatory minimums disproportionately impact minorities.
To see the highlights we sent to members of Congress, please click here.
11.21.11 - Obama commutes sentence of FAMM member
Eugenia Jennings, a federal prisoner who received a 22-year sentence for crack cocaine, received a commutation of her sentence by President Obama on Nov. 21. Click here to read FAMM's press statement.
10.20.11 - Senate filibusters effort to include National Criminal Justice Commission Act on Senate appropriations bill
On October 20, The U.S. Senate voted 57-43 in favor of including the National Criminal Justice Commission Act (NCJCA) in a Fiscal Year 2012 spending bill. Unfortunately that was three votes short of the 60 needed. The NCJCA would authorize a full review of the federal, state and local criminal justice system. Thanks to your calls, emails and letters, we were able to get oh-so-close this time – we’ll need your continued support to encourage Congress to bring it up again. To learn more about the bill, click here to read a bill summary.
To see how your member voted, please click here.
11.3.11 - H.R. 1254, the Synthetic Drug Control Act of 2011, passes House Judiciary Committee
On November 3, the House Judiciary Committee voted in favor of H.R. 1254, the Synthetic Drug Control Act of 2011. The bill adds new chemicals to the list of Schedule I controlled substances and will have the effect of creating additional mandatory minimum sentences for these offenses. The bill does not contain any explicit sentencing provisions, however, it will subject more people to lengthy mandatory sentences. Read FAMM’s letter opposing the legislation here. You can also read the transcript from the House Judiciary Committee’s vote here.
10.12.11 - October 12 hearing on sentencing guidelines
The Subcommittee on Crime, Terrorism and Homeland Security of the House Judiciary Committee held an oversight hearing to examine the impact of the U.S. Supreme Court’s Booker decision, which made federal sentencing guidelines advisory in 2005.
The Subcommittee heard testimony from the Honorable Patti B. Saris, Chair of the U.S. Sentencing Commission, Attorney Matthew Minor, Professor William Otis and Attorney James E. Felman on behalf of the American Bar Association. Some of these witnesses along with members of the Subcommittee expressed concern over the advisory nature of the guidelines since the Booker decision, while others cautioned against returning to a mandatory guideline sentencing scheme. FAMM submitted written testimony explaining why advisory guidelines are an important way to ensure the punishment fits the individual and the crime in each case.
During the hearing, there was a lively discussion about warranted and unwarranted disparity and the role advisory guidelines in achieving individualized, proportionate and fair sentencing that meets the purposes of punishment, including public safety, rehabilitation, deterrence and retribution.
To read witness testimony or to watch the hearing, click here.
10.5.11 - National Call-In Day - October 5, 2011
FAMM encourages you, your friends and family, and all of the networks you’re a part of to join national call-in day! Call Senate leadership on Oct. 5 and ask them to prioritize and pass the National Criminal Justice Commission Act, S. 306. For contact information and talking points, click here.
10.3.11 - House Judiciary Committee passes new offenses carrying mandatory minimum sentences
On November 3, the House Judiciary Committee voted in favor of H.R. 1254, the Synthetic Drug Control Act of 2011. The bill would add more than three dozen chemicals used to make synthetic drugs to the list of Schedule I controlled substances. This would have the effect of creating additional mandatory minimum sentences for these offenses (see bill summary.) During the debate, the House Judiciary Committee considered and defeated a number of amendments that would eliminate or limit the number of people who would be affected by the mandatory minimum. Read FAMM’s letter opposing the legislation. You can also read the transcript from the House Judiciary Committee’s vote here.
9.7.11 - FAMM statement on mandatory sentences and cybercrime
Download Julie Stewart's statement to the Senate Judiciary Committee at the hearing on "Cybercrime: Updating the Computer Fraud and Abuse Act to Protect Cyberspace and Combat Emerging Threats." Click here
7.20.11 - New DOJ policy could bring relief to some federal crack offenders
On July 15, the U.S. Attorney General advised federal prosecutors of a Department of Justice (DOJ) about-face on the so-called crack “pipeline cases” under the Fair Sentencing Act of 2010 (FSA). The change in policy means that prosecutors should now ask the courts to apply the FSA’s lower penalties to people whose crimes were committed before August 3, 2010, the date the FSA became effective, but who have not yet been sentenced. The policy reversal could also affect some of the nearly 4,000 federal crack offenders who have been sentenced since August 3, 2010, but did not get the benefit of the lower FSA sentences. Click here to read more.
6.22.11 - Rep. Scott introduces bipartisan bill eliminating crack/powder sentencing disparity
FAMM welcomes introduction of bipartisan legislation to eliminate the disparity between powder and crack cocaine sentences. H.R. 2242, the Fairness in Cocaine Sentencing Act of 2011, was introduced by Representative Bobby Scott (D-VA) and co-sponsored by Representatives Ron Paul (R-TX) and Roscoe Bartlett (R-MD) on June 20, 2011. The bill is not retroactive.
To read FAMM’s statement and learn more about the bill, follow this link.
6.21.11 - FAMM Welcomes Second Chance Act Reauthorization Bill
FAMM President Julie Stewart today welcomed introduction of a bill to reauthorize the Second Chance Act. The bill, S. 1231, the Second Chance Reauthorization Act, was introduced by Senator Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee, and Senator Rob Portman (R-OH). The Second Chance Act was originally passed in 2008 with overwhelming bipartisan support. The law promotes evidence-based programming to aid prisoner reentry and improve public safety. Since the law's passage, some 250 grants have been awarded providing substance abuse treatment, employment and mentoring services, among others, to improve the transition from incarceration to communities.
Stewart noted that the reauthorization bill would extend and expand the Elderly and Family Reunification for Certain Nonviolent Offenders Pilot Program, a home detention program for elderly, nonviolent federal prisoners who meet strict criteria. The bill also includes a 60-day increase in earned time credit for participation in recidivism reducing programs.
"The vast majority of prisoners are going to re-join our communities someday," said Stewart. "We can either give them the tools, training, and treatment they need to succeed or we can close our eyes, cross our fingers, and simply hope they don't reoffend."
Praising the bill's proposed expansion of the Elderly and Family Reunification pilot program, Stewart said, "Americans of all political persuasions can agree on the need to lock up violent and serial offenders, but empirical data and common sense tell us that we do not need to waste expensive prison space on elderly prisoners. The expanded elderly home detention program can help reduce this absurd use of taxpayer dollars,"
Please look to FAMM's website, www.famm.org, for more information on the Second Chance Act Reauthorization in coming days.
3.15.11 - BOP Director Lappin Asks Congress for Increased Budget and Support for Cost Cutting Measures
On Tuesday, March 15, Federal Bureau of Prisons Director Harley Lappin testified before the House Subcommittee on Commerce, Justice, Science and Related Agencies. The BOP has requested 6.8 billion for fiscal years 2011 and 2012, an increase of .6 billion from FY 2010, to alleviate overcrowding and manage the expected increase in the prison population this year to increase staff at current institutions and activate three new prisons.
Lappin also discussed two early release proposals designed to cut costs and reward prisoners for good behavior and participation in institutional programs proven to reduce the risk of recidivism: first, increasing good time credit availability by seven days per year for each year of the sentence imposed, and, second, creating a new sentence reduction credit that inmates can earn for successful participation in recidivism-reducing programs. As of March 15, neither proposal has been introduced in Congress.
Read the entirety of Director Lappin’s testimony here: http://appropriations.house.gov/_files/031511BOPDirectorStatement.pdf
3.1.11 - AG Holder will testify at DOJ budget hearing
House Appropriations Subcommittee on Commerce, Justice, Science and Related Agencies Chairman Frank Wolf (R-Va.) will convene a hearing March 1 at 9:00 am titled “Budget Hearing - Department of Justice.” Attorney General Eric Holder will testify before the Subcommittee. Click here to access audio and video for this hearing. To access only audio for this hearing, click here.
2.16.11 - Federal Budget Includes New Prison But Also Some Relief
On February 14, Attorney General Eric Holder announced that President Obama’s Fiscal Year (FY) 2012 budget proposal includes $28.2 billion for the U.S. Department of Justice, a 1.7 percent increase over FY 2011 budget authority. The proposed budget includes a plan to save $41 million as a result of a proposed legislative initiative that would expand the “good time” credit. It also includes increased spending on new prison facilities and increases in reentry programs for prisoners. Read FAMM statement
2.11.11 - Hearing on recidivism solutions held in House
House Commerce-Justice-Science Appropriations Subcommittee Chairman Frank Wolf (R-Va.) held a hearing on February 11 to examine a new report by the National Summit on Justice Reinvestment and Public Safety that documents programs to reduce prisoner recidivism and cut spending on corrections. The subcommittee heard from the following witnesses (a link is provided where testimony is available):
- Adam Gelb, director, Public Safety Performance Project, Pew Center on the States
- The Honorable Mark L. Earley, member of the board, Prison Fellowship International, and immediate past president, Prison Fellowship USA
- Michael Thompson, director, Justice Center, Council of State Governments
- R. Seth Williams, district attorney, City of Philadelphia
2.9.11 - DOJ explains challenges, priorities at oversight hearing
On February 9, the House Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies held its first oversight of the Department of Justice (DOJ) in the new Congress. Cynthia A. Schnedar, the DOJ’s Acting Inspector General, addressed the challenges facing the Department, including counterterrorism, restoring public confidence through accountability for prosecutorial misconduct, enforcement along the Southwest border, violent and organized crime and detention and incarceration. Click here to read the Inspector General’s full testimony.
2.8.11 - National Criminal Justice Commission Act of 2011 introduced
On February 8, Senator James Webb (D-Va.) introduced S. 306, the National Criminal Justice Commission Act of 2011, legislation that would create a blue-ribbon commission charged with conducting an 18-month, top-to-bottom review of the nation’s entire criminal justice system and offering concrete recommendations for reform. The National Criminal Justice Commission Act of 2011 creates a commission whose 14 members would be appointed by the legislative and executive branch. The bill was introduced with bipartisan support. Read more about the bill.
1.27.11 - Good time coming??
For years FAMM has fought in the courts and in Congress to increase the “good time” credit given to federal prisoners each year. Now we hear that the President’s budget proposal may recommend increasing annual good time credits from 47 to 54 days as we have urged! A new Wall Street Journal article on federal budget cuts mentioned the reform as one of a number of budget cutting ideas being considered. Read more
1.18.11 - New bill would expand reach of mandatory minimums
On January 18, Representative Lamar Smith (R-Tex.) and Representative Adam Schiff (D-Calif.) introduced H.R. 313, the Drug Trafficking Safe Harbor Elimination Act of 2011. The purpose of H.R. 313, currently pending in committee, is to extend the jurisdictional reach of 21 U.S.C. §§ 841(a) and 846 – and their mandatory minimum sentences –to cases in which the drugs are not intended to be or actually distributed within United States territory. Read more
1.7.11 – House Judiciary Committee Chairman announces new Subcommittee Chairmen
Chairman Lamar Smith (R-Texas), the chairman of the House Judiciary Committee, announced on January 7 that the House Judiciary Committee’s subcommittee chairmen for the 112th Congress, saying “The House Judiciary Committee will focus on efforts to strengthen national security, protect intellectual property, prevent frivolous lawsuits and keep children safe from Internet sex predators. All of this work begins in the subcommittees.”
Federal criminal penalties are considered by the Subcommittee on Crime, Terrorism and Homeland Security before being debated by the entire committee. The new chair of the Subcommittee on Crime, Terrorism, and Homeland Security is Chairman Jim Sensenbrenner (R-Wis.). The Vice-Chairman is Rep. Louie Gohmert (R-Texas). Rep. Jon Conyers (D- Mich.) will be ranking member for the full committee. Rep. Robert “Bobby” Scott (D-Va.) is expected to be the minority ranking member of the Subcommittee on Crime, Terrorism, and Homeland Security.
1.1.11 - Congress returns on Jan. 5
The U.S. House and the Senate convene Wednesday January 5, 2011 for the 112th Congress. FAMM will be tracking legislation and updating our website as soon bills are introduced.
Read news from D.C. (111th Congress archive)
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