The feds and state govts are very good at locking people up. We have plenty of laws, especially mandatory sentencing laws and enhancements, to ensure that people spends lots of time in prison, especially when they have the temerity to exercise their right to trial.
What has been made painfully clear during the COVID-19 pandemic is that states don't have enough mechanisms to revisit lengthy sentences when appropriate, either because of an emergency, because the law has changed, or the person or their circumstances have changed.
Our central argument is that we need to create as many mechanisms as possible so that as many system actors as possible - judges, prosecutors, corrections officials, et al - can review extreme sentences. The goal is not to let everyone out, but to stop throwing everyone away.
Our Second Chances Agenda benefits from the hard work and support of allies across the political spectrum in promoting second chances. No one has done more to undermine the legitimacy of excessive sentences than our friends at the @SentencingProj (@abfettig, @love__justice)
Our friends at @JusticePolicy (@marc4justice) have done amazing work on lengthy sentences and second look laws, and @tyrone4justice is an inspiring example of why we need more laws like that.
Our own @MaryfromFAMM is the compassionate release all-star champion and I know of more than 1,000 people who are home from federal prison because of her creativity and tenacity and @mmgillwriter's effective advocacy. The states need to look to the new federal law and copy it.
Our friends at @ACLU recently launched the Redemption Project to promote expanded clemency. We agree. @FAMMFoundation and @NACDL have & will continue to promote clemency as a key tool for granting second chances.
@davidminpdx, among others, has taught us about the use of clemency in our nation's past. This authority was exercised much more frequently and without great controversy.
Making all reforms retroactive is another way to give people second chances and we don't do it enough. The success of the crack retro provision in the #FirstStepAct reminds us how long overdue it was; 8 years after Fair Sentencing Act.
It's completely unjust to make people serve longer sentences simply because they made their mistake before the legislature corrected their mistake of a law. Retroactivity has to become the norm.
Passing a second chances agenda will not be easy, but we think this is an agenda that matches the moment. The moment when calls for racial equity have produced the biggest protests in recent history. The moment when 1,000 people died behind bars because of a deadly disease.
We hope people across the country will join us in pushing second chances for all. Start today by signing and sharing this petition - and then stay tuned to take action in your state. secure.everyaction.com/XcIk7L7uq0yKGf…
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THREAD: Do you remember the #KeepThemHome campaign? 2 years ago, thousands of ppl sent to federal home confinement during the pandemic were faced with prospect of being returned to prison, despite fact that they were thriving at home and were never told they might have to go back
If you don’t know or remember, you can get the background here:
In Dec 2021, sanity prevailed, and the Biden DOJ issued a new OLC memo that said the Bureau of Prisons (BOP) has authority under the CARES Act to determine whether to return anyone to prison. That should have been the end of the story. reuters.com/world/us/us-ju…
First chapter in this interesting new book is about criminal punishment. Some highlights:
"Studies show that without a threshold level of certainty, punishment will simply not deter. Criminologists have found that crime increases in places that have lower than a 30 percent arrest rate, and it decreases in places with arrest rates higher than 30 percent...
"If the certainty of being caught matters, law enforcement becomes essential for deterrence."
When the GOP takes over the House (and maybe the Senate) in November, and the talk of how much this development will hurt justice reform efforts, remember this moment. Pending in Congress is a bill - the EQUAL Act - that would reduce unnecessary prison sentences by 67,00 years.
The bill was approved by the House with 361 votes. If brought to the floor of the Senate tomorrow, it surely would receive more than 60 votes. It is the only decarceration measure that has broad support from law enforcement organizations, like @ndaajustice,
conservative advocates, like @RightOnCrime, and usual justice reform allies. It would allow @POTUS to correct his support for the 1986 law that created the crack disparity. Most importantly, it would reunite thousands of families without increasing crime.
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.
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:
#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...
The New York Times story last week has generated a lot of buzz about the home confinement issue. For newcomers, here is a get-you-up-to-speed thread. nytimes.com/2021/07/19/us/…
In March 2020, Congress passed the CARES Act to expand BOP’s discretion to give home confinement in order to combat the spread of Covid. This was smart. Typically, BOP is only authorized to send ppl to home confinement for a bit of their sentence – 6 mos or 10%, whichever is less
The CARES Act authorized DOJ to give more time on home confinement so long as the AG found that COVID was “materially affecting” BOP’s functioning. Barr did that right away and DOJ established strict eligibility criteria – to get extended home confinement, a person: