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August 4, 2015

Urging Prez Obama to appoint a "new, visionary Bureau of Prisons head"

Three notable law professors, Robert Ferguson, Judith Resnik and Margo Schlanger, have come together to make this effective pitch in the Washington Post for Prez Obama to make one key appointment in his effort to reform the federal criminal justice system.  The piece is headlined "With one decision, Obama and Lynch could reshape the criminal justice system: The President needs to appoint a new, visionary Bureau of Prisons head," and here are excerpts:

The current director of the Federal Bureau of Prisons recently announced his retirement. The job is not Senate-confirmed (though Congress can play a role; on Tuesday, the Senate Committee on Homeland Security and Governmental Affairs will be holding a hearing on the issue).  Instead, Obama’s Attorney General Loretta Lynch will choose the BOP’s ninth head since its founding in 1930.

The decision matters a lot.  The BOP’s director runs one of the critical bureaucracies of the federal government.  It houses more than 200,000 prisoners in more than 120 facilities across the United States. Under the leadership of some of its directors — such as James Bennett, who served from the late 1930s to the 1960s — the BOP set the nation’s benchmark for smart criminal justice administration.  Bennett promoted the Youth Corrections Act and vocational and education training, he became president of the American Correctional Association and he led the U.S. delegation to the UN Crime Commission.  Bennett led the BOP to the forefront of efforts to help prisoners gain skills to return to their communities and to treat juveniles differently than adults.

Since Bennett’s era, the BOP’s leadership role has eroded.  The BOP has imposed unduly harsh conditions on prisoners, failed to prevent sexual abuse, and refused to exercise discretion to house prisoners in community facilities close to their homes.  The largest prison system in America needs to do better....

The BOP also has many available tools and a good deal of discretion to lower its prison population, but it has used those opportunities far too sparingly.  The BOP does not place all eligible prisoners in residential treatment centers (halfway houses) at the earliest available dates, nor does the BOP use compassionate release — when the prisoner or a member of his or her family is dying — and other aspects of the 2007 Second Chance Act as much as it could.  Using halfway houses more would put prisoners closer to home, where they can maintain ties to their families and communities and can gain avenues to employment.  Given endemic racial and other disparities in our criminal justice system, these lost opportunities have a particularly harmful impact on poor minority urban communities.

The result of these many decisions, along with unduly harsh federal sentences which Congress is currently considering fixing, has been severe overcrowding.  The BOP is 30 percent over capacity, which makes keeping staff and prisoners safe significantly more difficult.  With congestion comes risks of violence, and less access to services such as jobs and programs.  And as prison populations age, the costs of medical care go up.

We know the BOP can do better, because many state correctional systems are making a variety of improvements in their approaches.  State prison systems have reduced the population of those in isolation, created “gender-responsive” programming to suit the histories and challenges of women and men in prison, offered new work programs and improved mental health services.  For example, Colorado, Maine and Washington have used careful analyses to substantially reduce the number of prisoners in solitary and shifted the treatment of those who remain, putting them back into structured and regular contact with other people.

When searching for the BOP’s ninth director, the president and attorney general can look to a field of experienced innovators with demonstrated commitments to reform — decarceration, improved conditions of confinement, racial justice and gender equity. The president holds the prison door keys for federal prisoners whose sentences he commutes.  His administration’s choice for the new head of the BOP is critical to reform for those remaining inside.

August 4, 2015 at 04:20 PM | Permalink

Comments

I nominate Sheriff Joseph Arpaio. He is very creative.

Posted by: Supremacy Claus | Aug 4, 2015 6:38:57 PM

I agree with Supremacy Claus.The Sheriff Joseph is very competent!

Posted by: Matt | Aug 5, 2015 9:17:47 AM

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