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March 5, 2019

FAMM sends letter to BOP and DOJ to urge full implementation of key provisions of the FIRST STEP Act

FAMM President Kevin Ring today sent this letter to Deputy AG Rod Rosenstein and Acting BOP Director Hugh Hurwitz urging them to work to fully implement key provisions of the FIRST STEP ACT. Here are a few passages from the start of the three-page letter:

Seventy-four days ago, President Donald J. Trump signed the First Step Act, bipartisan legislation to reform federal sentencing laws and prison policies.  The new law includes provisions to establish an elderly offender home detention program, require the Bureau of Prisons (BOP) to keep incarcerated individuals closer to their families, and increase the amount of good time from 47 days to 54 days per year, among others.  We are writing to urge you to implement these changes as expansively and quickly as possible.

FAMM is a national sentencing and prison reform organization with deep ties to people who are incarcerated and their loved ones.  FAMM regularly writes to nearly 40,000 federal prisoners and their families and loved ones with news about legal, legislative, and policy developments that could affect them.  And, we hear from many prisoners about their experiences.

We have heard from dozens of individuals who believe their incarcerated loved ones qualify for home detention under the Elderly Offender/Terminally Ill Offender Pilot Program. Section 603 of the First Step Act reauthorized and expanded the pilot program initially provided for in Section 231(g) of the Second Chance Act.  Under this program, certain elderly and elderly terminally ill prisoners may be released from prison early if they are at least 60 years old, have served two-thirds of their sentences, and meet various other requirements.  We believe Congress intended that this program take effect immediately upon passage of the First Step Act and be available in all BOP institutions.

To date, however, we are not aware that anyone has been released or even that the program has been established.  This delay stands in sharp contrast to the Bureau's timely release of program guidance for the expanded compassionate release program, also a product of the First Step Act.  The failure to implement the law in this area has been extremely frustrating for families who are anxious to welcome their elderly and terminally ill loved ones home to serve their sentences.  We urge you to immediately begin implementing Section 603 in all BOP facilities.

March 5, 2019 at 07:47 PM | Permalink

Comments

My husband is incarcerated and we like to stay abreast of any new laws or info to help him get free

Posted by: Kim | Mar 14, 2019 11:59:04 PM

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In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB