I was thankful when Travis initially told me he was in with a good group of guys, but this group of guys were going to be an enormous asset to Travis time and again. He had mentioned they were very knowledgeable in prison policy and law, but what this might mean for his future wasn’t apparent until a couple weeks into his sentence.
Travis’s release dates had been calculated and are set for April 2024 with a two-month period of home confinement being served prior to this. This would make him eligible to return home to serve his home confinement at some point in February 2024.
Prior to Travis’s self-surrender we were made aware of the First Step Act. While it had been enacted a few years earlier, what you could find on it was pretty vague and news articles indicated it was riddled with inconsistency. However, the act offers inmates the ability to earn 15 days of good time for every 30 days of approved rehabilitative programming they receive.
Travis filled out the paperwork for the act to determine which programs he would qualify taking. Unfortunately, he was told he didn’t qualify for any of the categories based upon the screening tools. Why? Because in layman’s terms, he didn’t have enough problems in his life.
Unbelievable. People with fewer risk factors are shown to be less likely to recidivate (reoffend) upon release. Wouldn’t this be the population of inmates the system would want to release the fastest? Wouldn’t it make most sense to incentivize early release options for those mostly likely to succeed?
Luckily, based upon the Presentence Report information, Travis qualifies for one program which allows him to accrue the additional good time of 15 days good time for every 30 days of programming. But getting this sorted out was not linear. They first told him he might qualify for one program and would have to look into it. Then they told him he would qualify and be placed on the waitlist, but he would only get 10 days good time for every 30 days of programming. They told him he began accruing good time on February 6th. Turns out he began accruing good time on January 13th. As I’ve said before, the system is an adventure.
Travis also discovered the Second Chance Act. A portion of this act addressed the BOP’s authority to prepare prisoners for reentry into the community by placing them in RRC (residential reentry centers). The initial rule limited inmate RRC placements to the last 10% of their sentence. This constrained the BOP to be able to exercise the broad discretion afforded to it.
If you’re dying to dive into law you can learn more about the Second Chance Act under 18 USC 3621 & 3624.
In 2008, Congress enacted the Second Chance Act of 2007 in an attempt to improve prisoner reentry. The Second Chance Act modified Title 18 USC 3624 (c) in three notable ways.
- It doubled the maximum pre-release RRC placement period from 6 to 12 months.
- It required the BOP to make RRC placement decisions on an individual basis.
- It required BOP to ensure the duration of RRC placement period gives the inmate the greatest likelihood of successful community reintegration.
Additionally, the 2008 BOP Rule allows for community confinement in RRCs within the last 12 months of an inmate’s custody term, and it does not require an inmate to have served a specific percentage of their term of imprisonment before being considered for community confinement. (28 CRF 570.22) This rule requires the BOP to determine pre-lease community confinement on an individual basis and directs that inmates must now be reviewed for prelease RRC placements seventeen to nineteen months before their projected release dates.
Several courts have found the 2008 BOP Rule complies with the Second Chance Act because it tracks the statute’s requirements of individualized determinations and allow for end of sentence RRC placement for the full 12 month period permitted by statute. Creager v Chapman is a case upholding this interpretation of the statutes.
What does that mean for Travis? Great question. It seems on the surface, his case would need to be reviewed for prelease placement upon beginning his sentence given his 18-month sentence and the rule’s requirement of inmates being reviewed for prelease 17-19 months before their projected release dates. He has not had any opportunity made available for him to be considered for this program. While finding the statute inspires hope, discovering how he becomes eligible for this BOP prelease consideration has not been discerned. Apparently, it is not standard process, and when Travis asked one employee about the discharge date and this program, they told him the calculator makes the decision. The sentence dates are entered into a calculator, and the calculator reveals the release date. That does not seem to be at all in line with the law. Being in the system is a code to crack and if up for the challenge a long winding adventure to receive what the law indicates you are eligible to have.
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Peace & Love,
Janessa