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Today I spoke to a woman on HC who was sent by her HH to do TDAP programming. This is the outpatient part of the BOP's RDAP program which people do when they are in HH or on HC. She was happy about this because it was something to do and fulfilled a sentencing requirement. /1
So she goes on her first day and it was a whole situation. Her monitor was scrambled because of the building where the TDAP is held (same thing as happened to Gwen Levi). Luckily her CM called the place and verified she was there, spoke to her, etc... but it was scary. /2
Following week: she calls HH to say "hey I'm out the door to TDAP" and HH says "no you're not sorry there's no pass in the system for you." She says "but I have to go; they report directly to BOP if I miss any". HH does not care. She's upset, but there's nothing she can do. /3
Buckle up for a longer #KeepThemHome update:
In AG Garland’s announcement that DOJ would not require people on CARES Act home confinement to return en masse at the end of the pandemic, he said DOJ would begin a rule-making process.
In AG Garland’s announcement that DOJ would not require people on CARES Act home confinement to return en masse at the end of the pandemic, he said DOJ would begin a rule-making process.
The process is to determine who BOP should bring back to prison. FAMM and others have been arguing no one should be sent back unless they broke the rules. BOP in a memo repeated its view people with lengthy sentences remaining should be brought back to prison for programming.
In fact, BOP said sentence length should be an important factor in deciding whom to bring back.
We sent a letter to Dep AG Lisa Monaco recently explaining why that reasoning is flawed. We gave real-life examples and the first was Kendrick Fulton. We wrote:
We sent a letter to Dep AG Lisa Monaco recently explaining why that reasoning is flawed. We gave real-life examples and the first was Kendrick Fulton. We wrote:
#KeepThemHome update: Some folks are getting scared that a recent BOP memo means that certain people on CARES Act home confinement are going to have to go back to prison when the pandemic ends. While that has always been a possibility, I want to share why it's not time to panic.
The original OLC memo was in response to a BOP request for clarification that BOP could bring some people on CARES Act HC back to prison if they thought they would benefit from additional programming, etc. OLC shocked the world in Jan '21 by saying you have to bring everyone back
When OLC revised its memo last month, it said BOP didn't have to bring everyone back - hooray - but that BOP's original interpretation was accurate and that BOP COULD choose to bring some people back. Now a memo from BOP's departing general counsel outlining how they might do...
Today I had a meeting with a colleague who had hard evidence confirming what we knew all along, but were being gaslit about. The BOP is intentionally choosing to remand CARES act people on technical fouls. This is why we need clemency. @POTUS #KeepThemHome /1 🧵
They're doing this intentionally, & despite knowingly violating their own policy & procedures on such matters, as in, despite knowing a foul merits X penalty (usually a few days good time or staying a few days at the local halfway house). We Need Clemency. @POTUS #KeepThemHome /2
The BOP is overruling typical sanctions handed down by their own disciplinary committees for anyone on CARES, & bringing them back to complete their entire sentences. Intentionally. Just because they can. It's pure vindictive bad faith, & @POTUS needs to #KeepThemHome. /3 🧵
Thread 🧵
Over 4,000 incarcerated people were sent to home confinement from federal prison as a result of #COVID19
For months, many of us have been pushing for @POTUS and @VP to #KeepThemHome before their grace period expires
Over 4,000 incarcerated people were sent to home confinement from federal prison as a result of #COVID19
For months, many of us have been pushing for @POTUS and @VP to #KeepThemHome before their grace period expires
Unfortunately, recent reporting suggests that @POTUS is going to potentially commute ONLY those who were non-violent drug offenders and had less than four years left on their sentences
Here is that reporting
nytimes.com/2021/08/30/us/…
Here is that reporting
nytimes.com/2021/08/30/us/…
Look, I understand, for many of the folks on home confinement, this would seem like a win, and it would be a win for every one of them.
The problem is all of the people who are on home confinement were pre-screened and present virtually no risk of recidivism
The problem is all of the people who are on home confinement were pre-screened and present virtually no risk of recidivism
What people don't seem to get is that Biden is a centrist and he is "partisan" but partisan in the sense that the far left and the far right despise him not in the sense that he suggests "radical reforms"
He could literally walk on water - and the far right and the far left would still hate him....they hated him before he took office, they hate him in office, and both the far right and a huge percentage of the far left preferred Trump
Now, I am not in love with him at all, and I am increasingly getting frustrated with him.....but, people have to understand that absent a very possible second civil war or coup, most of the country lives in the middle
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Thread:
One thing I saw time after time during the #KeepThemHome Twitterthon yesterday was the glib response:
"If they did the crime, they should do the time"
So, let's go through this again
Let's start with the notion of "The Time"
1/
Thread:
One thing I saw time after time during the #KeepThemHome Twitterthon yesterday was the glib response:
"If they did the crime, they should do the time"
So, let's go through this again
Let's start with the notion of "The Time"
1/
1. Sentence lengths are largely made up - there is no basis for them from experience or science
2. Two people with the exact same crime will often have very different sentences, some judges are tough, others lenient, different states have different guidelines and practices
2/
2. Two people with the exact same crime will often have very different sentences, some judges are tough, others lenient, different states have different guidelines and practices
2/
3. Almost always, black and brown people and poor people will receive longer sentences (it's a fact, look it up)
4. Most, but not all, systems have ways for incarcerated people to EARN back time for good behavior, for completing programming, & for meeting certain criteria
3/
4. Most, but not all, systems have ways for incarcerated people to EARN back time for good behavior, for completing programming, & for meeting certain criteria
3/
1.
It is really easy to see incarcerated people or formerly incarcerated people as only bad words, like "CRIMINAL" or "FELON," but, take a second, and imagine it is your brother, your sister, your mother, or your father....or maybe your own kid
#KeepThemHome @POTUS @VP
It is really easy to see incarcerated people or formerly incarcerated people as only bad words, like "CRIMINAL" or "FELON," but, take a second, and imagine it is your brother, your sister, your mother, or your father....or maybe your own kid
#KeepThemHome @POTUS @VP
2.
For MILLIONS of American families that is the reality of incarceration.
Right now, for the families of 4,400 formerly incarcerated people, they are terrified because it is possible their loved ones will be sent back soon
#KeepThemHome @POTUS @VP
For MILLIONS of American families that is the reality of incarceration.
Right now, for the families of 4,400 formerly incarcerated people, they are terrified because it is possible their loved ones will be sent back soon
#KeepThemHome @POTUS @VP
3.
Because of a legal interpretation, by the DOJ, of the CARES Act, approximately 4,400 people - who have been home for 16 months successfully - will be sent back for no good reason
#KeepThemHome @POTUS @VP
Because of a legal interpretation, by the DOJ, of the CARES Act, approximately 4,400 people - who have been home for 16 months successfully - will be sent back for no good reason
#KeepThemHome @POTUS @VP
The only argument I have seen is that @POTUS is afraid of political backlash if anyone he commutes commits a new crime
1. this fear of "Willie Horton" is still racist, and not even accurate, listen to @JohnFPfaff if not to me
#KeepThemHome @POTUS @VP
1. this fear of "Willie Horton" is still racist, and not even accurate, listen to @JohnFPfaff if not to me
#KeepThemHome @POTUS @VP
2. It is a problem of framing
People come home from federal prison EVERY day, the question should be how many people committed new crimes before compared to after reforms or relief
These folks have been home for 16 months with less than 1% return
#KeepThemHome @POTUS @VP
People come home from federal prison EVERY day, the question should be how many people committed new crimes before compared to after reforms or relief
These folks have been home for 16 months with less than 1% return
#KeepThemHome @POTUS @VP
Think of it like this....if using the traditional method and timing of release there is a 49% recidivism rate (because that is the truth) and with this group there is a less than 1% recidivism rate......you are getting much more relative safety using compassionate release
Let me address this again:
1. None of the people released to home confinement have violent charges
2. Most of them have been home for 16 months now, with no incidents
3. In the federal system, you can earn early release through several mechanisms
#KeepThemHome @POTUS @VP
1. None of the people released to home confinement have violent charges
2. Most of them have been home for 16 months now, with no incidents
3. In the federal system, you can earn early release through several mechanisms
#KeepThemHome @POTUS @VP
4. Sentences are largely made up, the idea that there is a magic date you reach, based on research or some calculation of optimal length is a fantasy
Prison - even accounting for incapacitation - creates more crime than it prevents
Prison - even accounting for incapacitation - creates more crime than it prevents
5. 600,000 people are released from facilities in this country every single year.....around 96% of all people who are incarcerated will one day be coming home....the most important thing for public safety is them coming home SUCCESSFULLY
#KeepThemHome @POTUS @VP
#KeepThemHome @POTUS @VP
Good morning everyone. I'm joining @JoshuaBHoe to stage a 24 hour effort calling on @POTUS to #KeepThemHome. You may not know this, but several thousand people were screened to be sent home from prison to weather the pandemic. forbes.com/sites/walterpa…
Now, @POTUS is signaling that they will be sent back--many for years. These are folks who were screened for safety, released, and have had a 99.9% success rate. They have jobs, families, lives. There is zero safety reason to return them to prison. forbes.com/sites/walterpa…
If this seems unfair to you. If this bothers you.If you want to end mass incarceration. If you want kids to be with their parents. If you want families intact. If you want more potential workers in a community. Join us in asking to #KeepThemHome.
The Biden administration last week sent a 76-year-old cancer survivor back to federal prison because she went to a computer class without prior written approval. You read that right. #KeepThemHome / 1 washingtonpost.com/local/public-s…
The fact that Gwen is sitting in DC jail right now is infuriating. She had been on home confinement for a year under the CARES Act & was helping us push the Biden admin to keep the 4,000 people like her home. She had become the face of this effort./2
nbcnews.com/now/video/fede…
nbcnews.com/now/video/fede…
We have been telling the Biden team since the transition that they had to do something with this group. Regardless of the OLC memo, these people could not be on ankle monitors for years. That, to clarify my quote in the Post story, is what is contrary to human nature. /3
