Coalition letter to members of the Senate regarding proposals for compassionate release and elderly home detention programs outlined in the COVID-19 Safer Detention Act of 2020 (S. 4034).

Brief of Amici Curiae National Association of Criminal Defense Lawyers and FAMM in Support of Defendant/Appellee’s Petition for Rehearing and/or Rehearing En Banc.

Brief of Amici Curiae the American Civil Liberties Union, the National Association of Criminal Defense Lawyers, the American Civil Liberties Union of Ohio Foundation, Due Process Institute, R Street Institute, and Americans for Prosperity Foundation in Support of Defendant/Cross-Appellee.

The First Step Act (P.L. 115-391 756) was signed into law on December 21, 2018. The Act is a federal criminal justice reform bill that changes many harsh federal sentencing laws.  The Act also expands compassionate release for qualifying federal inmates and offers current federal inmates rehabilitative programming and the possibility for early release from prison.

The First Step Act was signed into law on Dec. 21, 2018. NACDL and its members have long pressed to fix the unjustly severe federal sentencing regime, advocating for much more sweeping changes than are included in the First Step Act. Although the law does not go nearly as far as NACDL would like, it will benefit many prisoners and has important implications for practitioners. In these members-only webinars, leading experts examine the intricacies of the First Step Act.

The First Step Act requires the Department of Justice to develop a risk and needs assessment tool to be used by Bureau of Prisons (“BOP”) to assess the recidivism risk of all federal prisoners. Inmates will be classified as minimum, low, medium or high risk, and will be placed in recidivism reduction programs based on identified needs.

A key pillar of the First Step Act, a bipartisan federal criminal reform bill signed into law in December 2018, was the creation of a risk and needs assessment tool for federal prisoners.  In July 2019, the Department of Justice first published this tool, the Prisoner Assessment Tool Targeting Estimated Risk and Needs (“PATTERN”) and began using it to place prisoners in recidivism reduction programming and award certain benefits. This webinar discusses the origins of PATTERN as well as the many questions that remain about its design and implementation, including during the COVID-19 pandemic.

Updates and information about applying for compassionate release for your client. Topic-specific segments are listed below. Presented by Mira Baylson, member, Cozen O'Connor; Elizabeth Blackwood, Counsel & Project Director, First Step Act Resource Center, NACDL; Justine Harris, partner, Sher Tremonte; Lisa Mathewson, Law Offices of Lisa A. Mathewson; JaneAnne Murray, Professor of Practice, University of Minnesota Law School; Shazzie Naseem, partner, Berkowitz Oliver; Avery Pollard, associate, Zuckerman Spaeder; Marjorie Peerce, partner, Ballard Spahr; and Mary Price, General Counsel, FAMM.

Because the full implications of First Step Act measures may not be immediately apparent, NACDL hosted a live webinar on January 29, 2019. Sentencing expert Amy Baron-Evans discussed the ins and outs of the new law, with emphasis on potentially overlooked aspects of the most significant provisions. Amy is the Sentencing Resource Counsel for the Federal Public and Community Defenders, and the go-to lawyer among federal defenders for difficult sentencing questions.

Long underused and unfairly applied by the U.S. Bureau of Prisons, federal compassionate release is seeing a revival under the First Step Act. That law not only corrected many of the flaws in the way the BOP handled compassionate release requests, but allows prisoners direct access to the courts. The new law clarifies the broad range of circumstances related to age, illness, and family circumstances that might trigger eligibility for relief and further opens up exciting new opportunities to seek reconsideration of sentences that are no longer appropriate for a variety of other reasons.

The First Step Act makes important changes to several federal drug and gun statutes. The Act reduces mandatory minimum enhancements for some drug defendants and also changes the definition of these enhancements.  It also modifies the existing federal safety valve, broadening its application to more drug defendants; changes the “stacking” penalty under 18 U.S.C. § 924(c); and retroactively applies the Fair Sentencing Act of 2010.

“Good time credit” results in real time being deducted from an inmate’s sentence and is gained by maintaining good behavior during incarceration. See 18 U.S.C. § 3624(b). All incarcerated individuals, other than those serving life sentences, are eligible for good time credit.

The First Step Act revised the federal compassionate release statute, 18 U.S.C. § 3582(c)(1)(A).

The combined impacts of biased policing, discretionary charging decisions, sentencing enhancements, and the continuing impacts of the tough-on-crime movement have created and bolstered a criminal justice system in which people of color, particularly Black people, are more likely to be sentenced to prison and are subject to lengthier periods of incarceration.  

Brief of the National Association of Criminal Defense Lawyers, Mississippi Office of the State Public Defender, and Mississippi Public Defenders Association In Support of Petitioner.