Search Results for Compassionate Release

...David Roper Abstract After decades of Bureau of Prisons’ maladministration of the sentence reduction authority authorized by 18 U.S.C. § 3582, Congress passed the First STEP Act of 2018 with the intention of expanding the use and transparency of compassionate release. Although the COVID-19 pandemic...

...U.S. Sentencing Commission © The Ohio State University U.S. Sentencing Commission to Implement First Step Act with Focus on Compassionate Release (press release) Commission Also Sets Other Priorities for the 2022 2023 Amendment Year The United States Sentencing Commission today unanimously...

...Sylvia Royce Abstract This short article describes some of the special challenges of seeking compassionate release for non-U.S. citizen prisoners. Interfacing with the international prisoner transfer program and the Bureau of Customs and Immigration Enforcement are addressed; the value of medical...

...Gregory J. O'Meara © The Ohio State University Compassion and the Public Interest: Wisconsin s New Compassionate Release Legislation Current sentencing and parole policies can be characterized by what John Pratt terms penal populism.1 This approach to criminal justice includes widespread...

...Erica Zunkel; Jaden M. Lessnick Abstract In a harsh and inflexible system that offers few opportunities for judges to reevaluate the sentences they impose when circumstances warrant, federal compassionate release holds great promise. When the First Step Act was passed in 2018, sentencing judges...

... reduction of sentence for “extraordinary and compelling reasons.” So-called “compassionate release” has taken on new significance since Congress amended the authorizing statute in the First Step Act of 2018. Because the Commission had no quorum at the time and for several years after it has been unable...

...E. Katharine Tinto Abstract As COVID-19 threatened the lives of those incarcerated, compassionate release motions emerged as a critical mechanism to seek the release of those individuals most vulnerable to severe illness or death. But today, as the urgency of the pandemic diminishes and the grounds...

... improvements fail to achieve the status of “groundbreaking.” This is particularly evident when considering its approach to reduction in sentence of elderly offenders. Since 2013, compassionate release has stood as the exclusive process available for worthy elderly offenders to request early release from prison...

... of reoffending after they are released from custody. According to The Sentencing Project, a robust study of empirical literature shows that people released after decades of imprisonment, including for murder, have low recidivism rates. . . . Recidivism is particularly uncommon among older releasees, including...

...Thomas J. Farrell Abstract Amendments to the compassionate release provisions of the federal First Step Act and Second Chance Acts provide some opportunity for release for elderly and infirm federal inmates. This article examines the reentry successes of three Pennsylvania state inmates, all...

... with their refusals to cooperate and/or plead guilty. This article describes the Holloway Project and how it has used what has become known colloquially as the “compassionate release” statute, 18 U.S.C. § 3582(c)(1)(A), and 2018’s First Step Act to persuade federal judges to undertake holistic, compassionate...

... offenders. Yet participants showed significantly more support for using presumptive parole, elimination of parole revocations for technical violations, second-look sentencing, and compassionate release in the cases of those incarcerated long term for serious trafficking of marijuana, as compared to serious...

... by the imagination and conscience of the president, allowing it to address categorical releases, pardons, and to reach those people left behind by the inevitable inter-judge disparities created by mechanisms like compassionate release. Clemency, properly reformed, would also allow a path to freedom that does not run...

... nement Placements of Federal Prisoners After the COVID-19 Emergency, 45 Op. O.L.C. __ (Dec. 21, 2021). (Following the release of federal prisoners to home con nement under the CARES Act and discussions regarding whether releasees would need to return to prison to serve the remainder of their sentence...

... and the difficulty prisoners had in obtaining legal representation, concluding that the compassionate release mechanism allowed too few inmates to protect themselves from the disease. Pronounced regional differences across the United States and the situation of child pornography offenders are also highlighted...

...)), sentence calculations for pretrial custody credit (18 U.S.C. §§ 3585(b), 3584(a), and 3624(b)), compassionate release (18 U.S.C. § 3582(c)(1)(A)(i)), the boot camp, or shock incarceration, program (18 U.S.C. § 4046(a) and 28 C.F.R. § 524.31(b)), and earned time credits under the First Step Act (18 U.S.C...

... compassionate release provisions related to aging inmates. Finally, we discuss the similar challenges faced by state correctional systems and the different methods they use to address the growing aging inmate population. The BOP s aging inmate population made up 19 percent of the BOP s overall population in FY...

... constitutes extraordinary and compelling circumstances for granting a compassionate release motion, no matter if the motion is brought by a defendant or the Bureau of Prisons.27 1. Setting Policy on the First Step Act and Compassionate Release Effective December 21, 2018, the First Step Act enacted several...

... compassionate release. Mary Price provides a thorough history of the currently applicable guideline policy statement, its inadequacy after Congress passed the First Step Act in late 2018, and the options the Commission released for discussion this spring. Next, Erica Zunkel and Jaden M. Lessnick urge...

...; applies the Fair Sentencing Act of 2010 retroactively; and authorizes the defendant to le a motion for compassionate release, pursuant to 18 U.S.C. § 3582(c)(1)(A), where previously only the BOP was so authorized. KEY FINDINGS This publication examines the impact of the First Step Act, analyzing...