Public Comment to the U.S. Sentencing Commission's Request for Comment on Proposed Priorities for Amendment Cycle 2023-2024
The First Step Act – 18 U.S.C. §3582(c)(1)(A)
The First Step Act (FSA) is the most monumental criminal justice reform legislation passed indecades. In Title 1, it sets out to meaningfully assist incarcerated individuals to rehabilitatethemselves and provide them with the necessary tools that will help them to successfully reentersociety as contributive members of society. It also incentivizes men and women in our federalprison system to better utilize their time in prison by participating in recidivism reductionprograms, job training, educational courses and faith-based activity. These productive activitieshave all proven not only to reduce the risk of reoffending, but also to create a more productiveexperience while incarcerated.
The subsequent provisions in the FSA are important, and truly critical compassionate pieces, aswell as sentencing reforms, that are significant improvements to our justice system. Thisincludes 18 U.S.C. § 3582(c)(1)(A) (implementing the right to court review of a compassionaterelease denial). This comment addresses this important provision in particular.
Comments Regarding Amendment to 18 U.S.C. § 3582(c)(1)(A).
The Commission’s amendments to 18 U.S.C. § 3582(c)(1)(A) are astute and praiseworthy, andeffectively address issues regarding sentence reductions that have been of great concern andattention since the FSA was passed into law in December of 2018. We thank the Commissionfor its attention to this important issue.
Importantly, in the months and years ahead, it will be critical for the Commission to monitor andassess how its sentence reduction guidelines are applied by judges in the exercise of their broaddiscretion in considering these requests.
While the Commission can and likely will seek to monitor and assess whether sentencereductions are being granted consistently around the country, we think it especially important forthis Commission to monitor and assess whether sentence reductions are being grantedsufficiently. Our view is that many federal sentences, especially those imposed due to severemandatory minimums or guidelines, often prove over time to be “greater than necessary tocomply with the purposes set forth” by Congress. 18 U.S.C. § 3553(a). We believe it will beessential for this Commission to continue to encourage sentencing courts to recognize and actupon their obligations to reduce prison terms to ensure persons are not serving unnecessary andwasteful prison time.
