Opportunity After Federal Prison

The United States Attorney for the District of New Jersey had some interesting comments about community release after incarceration. Normally, the American standard of criminal justice involves putting away the bad guys. After that, the narrative seems to stop.

Unfortunately for that narrative, and fortunately for defendants and inmates, nearly everybody that goes to prison gets release. What happens then? Most don’t know.

In early July, 2014 the United States Sentencing Commission released and confirmed their new drug guidelines that will not only make drug sentences shorter, but apply them retroactively (eventually)1.

Below is an excerpt from an opinion article written by the above-mentioned US Attorney regarding opportunities for inmates after they get released, but the entire piece entitled “Ex offenders get time, now they need opportunity” is worth a full read.

Every year, my office prosecutes several hundred defendants who have violated criminal laws passed by Congress. For most of those defendants, a term in federal prison is warranted. Whether they are public officials who betray their oaths, predators who threaten the safety of our neighborhoods and our children, or thieves who cheat the health care system, investors or the government — incarceration is the appropriate punishment.

But prison is usually not meant to last forever. More than 95 percent of federal prisoners will be released after serving their sentences. Altogether, 700,000 federal and state prisoners are released every year, along with millions more who stream through local jails.

Most return to their communities, trying to put their lives back together and avoid the pitfalls that got them in trouble. Bearing the stain of their convictions, they compete for jobs, look for housing and seek educational opportunities.

A staggering number don’t succeed. Nationally, two-thirds of people released from state prisons are arrested again; half of those will end up back inside. Forty percent of federal prisoners return to jail in the first three years.

This level of recidivism is unacceptable. Offenders, their families and their communities are devastated by it. Public safety suffers for it. And with more than $74 billion spent annually on federal, state and local corrections, we can’t afford it.

Prison alone isn’t enough. Any smart law enforcement model prevents crime by supporting ex-offenders. That is why my U.S. Attorney’s Office — along with federal judges, the federal public defender, and the U.S. Probation Office — began the “ReNew” program, a federal re-entry court in Newark. Those leaving federal prison at serious risk of reoffending are invited to participate.

They are closely supervised, meeting biweekly with federal Magistrate Judge Madeline Cox Arleo, our office, and the federal defenders, and more regularly with probation officers. And they are supported in obtaining housing, jobs, education, counseling and legal assistance. My office provides services to the team and participants and supervises research into the program’s efficacy.

This week, the judge will preside over the first graduation ceremony for those who have successfully completed 52 weeks in the program. It is a hugely inspiring milestone for everyone involved, but especially for the graduates reimagining their lives despite great adversity….

Recently, my office launched the New Jersey Re-entry Council, a partnership with acting New Jersey Attorney General John Hoffman, other federal and state agencies, and NGO community members to share resources and ideas.

But there is one more partner we need: you. Finding a job after release is the most important key to success. In a recovering economy, securing a job after prison can be especially difficult. If you have a company that can train or hire our participants, or if you have access to housing, we need to hear from you….

One of every 100 adults in the United States is behind bars. Most will come home. They will have paid their debt and need a chance to support themselves, their families and their communities. We can look at ex-offenders returning to our communities as a risk, or we can help give them that chance. The potential rewards for their lives, for the economy and for our safety are incalculable.

  1. The Sentencing Commission is using a phased and delayed approach to actually releasing inmates early from federal prison []

Support for Early Termination of Supervised Release

When asking a sentencing court to terminate a defendant’s supervision early, scoring points with objective facts is important. Many judges don’t see early termination as routine, and only grant these requests in exceptional cases.

What can change their mind? In part, convince judges that keeping you on supervision is expensive and dangerous. Sound impossible? Read on…

Protect the Public

Early Termination of Supervised Release

The US Courts puts out the Federal Probation Journal 3 times a year. This past fall, the Journal posted findings of a study comparing those on probation versus those on supervised release. It also compared those who were terminated early from supervised release to those who went full term. The results were pretty startling.

The article gets started this way:

UNDER 18 U.S.C. §§ 3564(c) and 3583(e)(1), the court may terminate terms of probation in misdemeanor cases at any time and terms of supervised release or probation in felony cases after the expiration of one year of supervision, if satisfied that such action is warranted by the conduct of an offender and is in the interest of justice. As such, early termination is a practice that holds promise as a positive incentive for persons under supervision and as a measure to contain costs in the judiciary without compromising the mission of public safety.

Those released early from supervision (regardless if that supervision was probation or supervised release) had half the re-arrest rate in the years after their early termination than those with natural expiration.

…almost 15 percent (14.7) of all cases in the study cohort had a new arrest and offenders who served their entire supervision term had a rate nearly twice that of the offenders who received early termination (19.2 percent to 10.2 percent, respectively). Similarly, the rearrest rates for both study groups for major offenses only were tabulated (see Table 6). When minor offenses are excluded, the recidivism rates for both early-term and full-term offenders are considerably lower, but the proportion of rearrests between the two groups is consistent. Only 5.9 percent of early-term offenders were rearrested for a major offense following their release from supervision compared to 12.2 percent of full-term offenders.

This isn’t a magic bullet, but it certainly furthers any argument toward gaining release from federal oversight.

What Happens After Federal Prison

Pre-Release

After federal prison, an inmate is either sent to a federal half-way house, or placed directly on Supervised Release (Federal Probation is reserved for those who never received a prison sentence). An inmate, while in the halfway house, is still under the custody of the federal Bureau of Prisons and can therefore be subject to release or relief in the same way they were while incarcerated (see Incarceration). Anything from home-confinement to early release is possible from a half-way house. PCR Consultants can help.

Post-Release, and Supervised Release

After full release from the BOP into the hands of the local United States Probation Office, a former federal inmate has years of probation((called Supervised Release)) to deal with. Supervised release comes with a host of general and specific rules that must be followed, or the supervisee faces more prison time. However, PCR Consultants can help you here too. From changing the terms of your release to better suit you to ending probation altogether, you can affect your own future and we can show you how.

Whether you need to modify (change or eliminate) a term of Supervised Release from your J & C Order, or motion to be released from Supervision altogether, PCR Consultants can put the right law and paperwork in your hands for a FRACTION of the cost of an attorney.

When on federal probation or supervised release (after federal prison time is served), the specific rules applied to each individual are unique. Most of the time these rules are lengthy and confusing so violations can occur accidentally by the probationer. Learn how to live on probation, how to be successful on probation, and how to structure actions to obtain your release sooner from supervision.

Get started today and be on your way to early termination in minutes!

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Federal Supervised Release Conditions – Restrictions on Court Discretion

Federal Supervised Release Conditions

Federal supervision is oftentimes misunderstood. What conditions can a court impose and what conditions are too much? This post is intended to clear the fog a bit using a case from Kentucky. This interesting case was decided by the Sixth Circuit Court of Appeals earlier this year. In part, the appeals court threw out a lifetime ban on smart phones.

No iPhone for life? Not unless you have a really good reason!

When it comes to federal supervised release and probation, District Courts have broad discretion in the limitations they can place on defendants.

However, this discretion is not unlimited and sentencing judges must have a valid explanation for why each limitation is imposed. Legally speaking, conditions of supervised release are reviewed by appellate panels for abuse of discretion.1 A sentencing court’s discretion is limited by three standards. Each special condition must:

  1. “[be] reasonably related to the sentencing factors set forth in 18 U.S.C. §3553(a)”;
  2. “involves no greater deprivation of liberty than is reasonably necessary for the purposed set forth in § 3553(a)”; and
  3. “is consistent with any pertinent policy statements issued by the Sentencing Commission.”2

The 6th Circuit Sets Limits on District Courts

In United States v. Inman, the Sixth Circuit held that, even though Inman was a really bad guy, the district court judge went too far with special conditions and imposing a lifetime term of supervision. In plain English, each condition was a lifetime ban on something.

The district court judge set a number of conditions that no one asked for, or talked about at Mr. Inman’s sentencing hearing: he had to submit to mandatory drug testing; to notify the probation office if he is prescribed any medicine; to provide the probation office with all of his financial information; and he can never drink alcohol again, possess or use a device capable of creating pictures or video, or rent a storage facility or post office box.

On review, the appellate court reviewed for plain error. It had to determine if: the district court adequately stated in open court at the time of sentencing its rationale for mandating special conditions of supervised release and whether each condition of supervised release was reasonably related to the dual goals of probation, the rehabilitation of the defendant and the protection of the public.

The Kicker

Next comes the big test. Special supervised release conditions must:

“[I]nvolve[] no greater deprivation of liberty than is reasonably necessary to serve the goals of deterrence, protecting the public, and rehabilitating the defendant”3

What This All Means

In basic terms, these limitations mean that a district court judge cannot just impose whatever they please at a sentencing hearing in terms of special supervised release conditions. For a financial crime, requiring the defendant to turn over monthly financials may be imposed legally. However, imposing an alcohol ban on a defendant with no history of substance abuse usually cannot.

If you’d like PCR Consultants to take a look at your terms of supervision and help get rid of supervised release conditions that don’t meet these standards, please give us a call for a free consultation.

Let Us Help You!

Call us at (480) 382-9287 for a free consultation to find out how we can help.

For more ways to contact us, visit our contact us page for contact form and e-mail addresses.

Learn about us and how our services work on our about page.

  1. United States v. Heidebur, 417 F.3d 1002, 1007 (8th Cir. 2005) []
  2. United States v. Mark, 425 F.3d 505, 507 (8th Cir. 2005), citing 18 U.S.C. §3583; United States v. Boston, 494 F.3d 660, 667 (8th Cir. 2007). []
  3. 18 U.S.C. §3583(d)(1)-(2); United States v. Brogdon, 503 F.3d 555, 563 (6th Cir. 2007). Although this is a 6th Circuit case, most circuits have precedent that mirrors this standard. []

Federal Supervised Release

Your First Days On Federal Supervised Release

After the prison walls are left behind, after the (hopefully) 6 months spent in a halfway house are finished, the feeling of freedom can be incredible. However, that feeling is usually short-lived with the first visit to the United States Probation Office. Although free of all the rules associated with the Bureau of Prisons, an entirely new set of regulations to abide by.

To begin with, a former inmate on federal supervised release will have a set of standard conditions of release. These include rules that apply to all probationers such as monthly reports, financial disclosures, travel restrictions, firearm prohibitions, and other issues of a general nature. A second set of rules will follow this one, and is specifically designed for each crime of conviction. Drug tests, home inspection details, treatment requirements, etc will all be a part of this second set of conditions.

These conditions are not static and can change as supervision progresses. A change in circumstance or Probation Officer can bring new conditions with it. On the other hand, unnecessary or boilerplate restrictions can be removed (with good reason) with a standard motion to the court. Avoid making the mistake of believing that the rules, and the Probation Officer, you start out with are going to stay that way until released from supervision.

Supervision on a Daily Basis

In every day life, the supervising officer makes little impact on an individual on federal supervised release. Policy normally dictates that an officer sets eyes on their ex-offenders once a month at the least. Post-release treatment will most likely have a much larger impact on daily life. Treatment for drug offenders can be very different, from in-patient facilities to mandated AA/NA types of meetings. If fines, restitution, or special assessments have not been paid, the PO will be very interested and ‘involved’ in your case until those are paid off.

**Important Note: If you plan on applying for early release from federal supervised release, community service and any money owed to the government should be completed and paid before a judge will consider the request**

Expect the first few months of freedom to be much more active months with a supervising officer than normal. After three to four months, without any incidents, violations or trouble, you will drop off their radar and see/hear very little from United States Probation.

 

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