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September 3, 2018

Noticing latest USSC data on retroactive impact of "drugs -2" guideline amendment

Just before the long weekend, I saw that the US Sentencing Commission's website has this new data document titled simply "2014 Drug Guidelines Amendment Retroactivity Data Report." This report, dated August 2018, provides updated "information concerning motions for a reduced sentence pursuant to the retroactive application of Amendment 782. The data in this report reflects all motions decided through July 31, 2018, and for which court documentation was received, coded,and edited at the Commission by August 23, 2018."

The official data in the report indicate that, thanks to the USSC's decision to make Amendment 782 (the so-called "drugs -2" guideline amendment) fully retroactive, now 31,381 federal prisoners have had their federal drug prison sentences reduced by an average of 25 month.  (Notably, this federal register document reports that the "average cost of incarceration for Federal inmates was $34,704.12 ($94.82 per day) in FY 2016 and $36,299.25 ($99.45 per day) in FY 2017."   This "average cost" number is a very imperfect proxy for the actual prison cost savings from reduced sentences resulting from the retroactive drugs-2 guideline amendment, but it suggests federal taxpayers have saved billions in prison costs thanks to drugs -2 retroactivity.)  

Among other impacts, the the drugs -2 amendment and its retroactivity are likely key contributors to a continued decline in the federal prison population.  The amendment was in 2014, and its  retroactivity became effective in November 2015.  In Fiscal Year 2014, the federal prison population clocked in at 214,1495, and in Fiscal Year 2015 the federal prison population was down to 205,723.  By Fiscal Year 2016, the federal prison population dropped all the way down to 192,170; by Fiscal Year 2017, the federal prison population was down further to 185,617.  As as of August 30, 2018, the federal prison population was at 182,797.  (All theses data come from this Bureau of Prisons webpage.)   I keep expecting and waiting for the policies and practices of Attorney General Jeff Sessions to turn around this recent steady decline in the federal prison population, but is seems the "drugs -2" guideline amendment, its retroactivity and other forces have keep a downward pressure on the federal prison population for the time being.

September 3, 2018 at 08:37 PM | Permalink

Comments

Drugs -2 was a very good thing. Next, how many if these inmates are back in federal prison and not for violating supervised release, a new crime.

Posted by: MidWestGuy | Sep 4, 2018 1:56:13 AM

The prison population reached an all time high in the 5th year of the Obama administration - 219,298. It dropped by 5,149 the next year. Was that a result of drugs minus 2 sentencing influencing sentencing?

Posted by: beth | Sep 4, 2018 1:56:37 PM

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