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November 19, 2019

Lots of interesting discussions of FIRST STEP Act (and Jeffrey Epstein) during Senate Judiciary's BOP oversight hearing

This morning, the US Senate Committee on the Judiciary held an hearing titled "Oversight of the Federal Bureau of Prisons" with a single witness testifying.  That witness was Dr. Kathleen Hawk Sawyer, the new Director of the Federal Bureau of Prisons, and the full two-hour hearing can be watched at this link.  

Dr. Hawk Sawyer submitted this lengthy written statement, and it covers a lot of BOP ground.  It also concludes with an extended discussion of FIRST STEP Act implementation efforts, and here is a snippet from that part of the written testimony:

The Bureau has made great progress in implementing the FSA.  We appreciate the considerable work of the Department of Justice (Department) in the implementation process, as well.  In particular, the Department’s National Institute of Justice has been instrumental in collaborating with us as we move forward aggressively to ensure this important criminal justice reform is appropriately and effectively implemented.  We similarly appreciate the ongoing work of the Independent Review Committee as they advise the Attorney General on the new risk and needs assessment systems required under the FSA.

We have listened to the important comments of the many interested stakeholders — from crime victims to a broad array of advocacy groups.  The statutory timelines in the FSA were formidable, and placed before us many challenges, but I am proud to say that the Bureau and the Department rose to that challenge.  And we continue to remain focused on the full, fair, and balanced implementation of the FSA....

With the President signing the FSA into law on December 21, 2018, several provisions became immediately effective. Despite the government shutdown, the Bureau rapidly developed guidance and policies to ensure appropriate implementation.  The retroactive application of sentence reductions under the Fair Sentencing Act resulted in over 2,300 orders for release, with the release thus far of over 1,600 of those inmates.  Staff also immediately began the challenge of re-programming our Good Conduct Time (GCT) sentence computations to reflect the change.  As a result, on July 19, 2019, when the GCT change took effect commensurate with the Attorney General’s release of the Risk and Needs Assessment System, the Bureau executed timely releases of over 3,000 inmates.

Guidance regarding the expanded Reduction in Sentence (RIS or compassionate release) provisions were issued in January 2019. Since the Act was signed into law, 109 inmates have received Compassionate Release.  The re-initiation of the Elderly Offender Pilot from the Second Chance Act of 2008 was issued in April 2019.  We currently have 358 inmates approved for the pilot, with 273 already on Home Confinement. The balance are pending their Home Confinement placement....

In accordance with the FSA, the Attorney General on July 19, 2019, released the Department’s report on the Risk and Needs Assessment System.  The new Risk Assessment system — the Prisoner Assessment Tool Targeting Estimated Risk and Needs or PATTERN — has been developed by the Department and is currently undergoing fine-tuning as we consider feedback from stakeholders.  In the interim, the BOP has conducted extensive training for its staff on the key elements of the tool such that they are prepared to assess inmate risk in accordance with statutory deadlines.  The Bureau already has in place a robust Needs Assessment system, and we are working with experts in the field and research consultants to further enhance it.

During the hearing, FIRST STEP Act implementation issues were raised by a number of Senators. And lots and lots of other topics were also covered.  This AP article published yesterday, headlined "Federal Prison System Plagued by Abuses," provides a review of the range of BOP management issues were brought up during the hearing.  And this ABC News piece, headlined "Bureau of Prisons director set for grilling on Capitol Hill in wake of Epstein, Bulger deaths," names in its headline some of the high-profile prisoners of concerns to lawmakers.   Not surprisingly, especially with news of charges being brought against two guards for falsifying records, the death of Jeffrey Epstein was raised by a number of Senators.

As criminal justice nerd, I enjoyed all the issues raised throughout the entire oversight hearing, and I was encouraged by both the questions raised by many Senators and the answers provided by Dr. Hawk Sawyer.  And I especially enjoyed the surprising discussion during the early part of the hearing (starting just before minute 34) of Senator Lindsay Graham asking about "reinstituting parole in the federal system."  I am not sure why Senator Graham is now saying that reinstating parole is "something [Congress] should look at," but I am really intrigued by and supportive of any such efforts.  A couple of years ago, in this article titled "Reflecting on Parole’s Abolition in the Federal Sentencing System," I explained why I thought "parole might serve as an efficient and effective means to at least partially ameliorate long-standing concerns about mandatory minimum statutes and dysfunctional guidelines" and why sentencing reformers "ought to think about talking up the concept of federal parole anew."  Here is hoping Senator Graham might become a full-throated champion of giving serious consideration to bringing parole back to the federal system.

November 19, 2019 at 05:23 PM | Permalink

Comments

While the oversight of the prison system is welcome, as is the potential for a renewal of parole, the Epstein issue has naturally brought a ton of attention to the state of prisons and the issue of suicide. Regardless of who killed Epstein, himself or someone else, several commentators have pointed out that the skepticism that he did commit suicide flows from the usual impulses that tend toward conspiracy theories but also the lack of realization about how woeful suicide prevention ultimately is. It could be that this is a lack of information, or it could be that people refuse to accept that our criminal justice system is ill-equipped at preventing suicides in prisons. Worse, it could be that people know about the issue, they accept that gap, but just don't care.

So even if Epstein did kill himself, the fact that we can't definitively say yes this HAD to be a black ops elite assassin because prison suicide prevention is so woeful is a striking indictment of this system. https://www.huffpost.com/entry/jailers-arrested-in-jeffrey-epstein-suicide_n_5dd3f726e4b0d6f02fa566ff

Posted by: Frank Bumb | Nov 19, 2019 7:23:07 PM

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