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January 15, 2020

Justice Department announces new FIRST STEP Act developments and data

Via this press release, titled "Department of Justice Announces Enhancements to the Risk Assessment System and Updates on First Step Act Implementation," DOJ reported today on various new FIRST STEP realities. Here are excerpts from the press release:

The Department of Justice announced several significant developments in the implementation of the First Step Act (FSA) in a report published today [which is available here]...

Some of the key developments are described here:

  • In accordance with the First Step Act and due on Jan. 15, 2020, all inmates in the Bureau of Prisons (BOP) system have received an initial assessment using the Justice Department’s risk and needs assessment tool known as the Prisoner Assessment Tool Targeting Estimated Risk and Need (PATTERN). Initially released last July, the tool is designed to measure risk of recidivism of inmates.
  • As of Jan. 15, 2020, inmates will be assigned to participate in evidence-based recidivism reduction programs and productive activities based on an initial needs assessment conducted by BOP. Participation and completion of those assigned programs and activities can lead to placement in pre-release custody or a 12-month sentence reduction under the First Step Act. A list of these programs will be published on the BOP’s website.
  • In response to the public comments received and in coordination with the Independent Review Committee (IRC), the Justice Department has made changes to PATTERN that enhance its effectiveness, fairness and transparency....
  • The department will also begin a pilot program to publish recidivism data and other First Step Act updates on a quarterly basis....

Implementation Progress, New and Expanded BOP Programs Under FSA.

The FSA provides for eligible inmates to earn time credits if they participate and complete assigned evidence-based recidivism reduction programs or productive activities. It also provides for the expansion of existing programs that allow for compassionate release and home confinement.

Releases for Good Conduct Time.  In July 2019, over 3,100 federal prison inmates were released from the Bureau of Prisons’ custody as a result of the increase in good conduct time under the Act.

Retroactive Resentencing.  The Act’s retroactive application of the Fair Sentencing Act of 2010 (reducing the disparity between crack cocaine and powder cocaine threshold amounts triggering mandatory minimum sentences) has resulted in 2,471 orders for sentence reductions.

Compassionate Release.  The BOP updated its policies to reflect the new procedures for inmates to obtain “compassionate release” sentence reductions under 18 U.S.C. Section 3582 and 4205(g).  Since the Act was signed into law, 124 requests have been approved, as compared to 34 total in 2018.

Expanded Use of Home Confinement.  The FSA authorizes BOP to maximize the use of home confinement for low risk offenders.  Currently, there are approximately 2,000 inmates on Home Confinement.  The legislation also expands a pilot program for eligible elderly and terminally ill offenders to be transitioned to Home Confinement as part of a pilot program.  Since enactment of the law, 379 inmates have been approved for participation under the pilot program.

Drug Treatment.  The BOP has always had a robust drug treatment strategy. Offenders with an identified need are provided an individualized treatment plan to address their need.  In FY 2019, approximately 14,800 offenders enrolled in Residential Drug Abuse Program (RDAP), almost 21,000 offenders enrolled in Non-residential drug treatment, and almost 23,000 offenders participated in Drug Education.

Medication Assisted Treatment (MAT).  The FSA requires BOP to assess the availability of and the capacity to treat heroin and opioid abuse through evidence-based programs, including medication-assisted treatment.  In the wake of the opioid crisis, this initiative is important to improve reentry outcomes.  Every inmate within 15 months of release who might qualify for MAT has been screened.

Effective Re-Entry Programming.  FSA implementation includes helping offenders successfully reintegrate into the community -- a critical factor in preventing recidivism and, in turn, reducing the number of crime victims.  Finding gainful employment is an important part of that process.  In furtherance of this goal, the BOP launched a “Ready to Work” initiative to connect private employers with inmates nearing release under the FSA.

Other BOP programs directed towards the full implementation of the FSA include the operation of twenty pilot dog programs, the development of a youth mentoring program, the identification of a dyslexia screening tool, and issuance of a new policy for its employees to carry and store personal weapons on BOP institution property.

January 15, 2020 at 10:33 PM | Permalink

Comments

At the risk of repeating myself, blunt and independent assessment and oversight of the BOP is long overdue. They will not deliver on the promise of the First Step Act. This article highlights once again the inability of BOP to deliver on its promises. 49% of prisoners released from 2009 to 2015 got NO programming at all. 57% of those who needed drug treatment didn’t get it. So I am not holding my breath waiting for a fair implementation of risk assessment and programming. BOP has been insulated from meaningful oversight for too long. They hide behind "security issues" to cover for all manner of sins, from inadequate staffing, to abysmal health and mental health care, to lack of programming, to staff corruption, prison violence and their inability to protect cooperators.

https://www.sentencingproject.org/wp-content/uploads/2019/12/One-Year-After-the-First-Step-Act.pdf

Posted by: defendergirl | Jan 16, 2020 1:06:33 PM

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