The Second Chance Act, and What it Means for Federal Inmates

Here’s an interesting article from a former federal inmate, Jonathan Richards.  His report about surviving Federal Prison is available at http://www.federal-prison.org/.

Today, Federal Inmates who are released from Bureau of Prisons (BOP) custody receive minimal support from the Federal Government. Apart from a bus ticket, a change of clothes and a token sum of money good for a couple meals, the recently released federal inmate is entirely on his own. For those lucky enough to have the support of family and friends, the process of getting back on one’s feet, while difficult, is manageable. For those who lack this support system, the task of reintegrating into society as a law abiding citizen is one fraught with difficulties.

Many former inmates are released from prison and return to the same environment in which they committed their crime in the first place. They return to their home branded an ex-con or felon and face an uphill battle in their attempt to get back on their feet. Both mental and physical health problems are common as are a lack of education that would qualify them for a quality job. A glaring problem facing many former inmates is the lack of a home. Faced with these hurdles, even the most well intentioned former inmates often find themselves slipping back into a life of crime.

With the complete absence of support given to recently released inmates, it should come as no surprise that within three years of leaving prison, over two thirds of ex-offenders are back in court facing charges for a serious misdemeanor or felony and over one half return to life behind bars.

The Second Chance Act (HR1593) entitled: “To reauthorize the grant program for reentry of offenders into the community in the Omnibus Crime Control and Safe Streets Act of 1968, to improve reentry planning and implementation, and for other purposes”, recently signed into law by President Bush attempts to offer the support to former inmates that is so lacking now and to decrease the massive recidivism rate that plagues the justice system today.

The Second Chance Act attempts to help recently released inmates in a number of ways. It authorizes important parts of the Bush Administration’s Prison Re-entry Initiative. The goal of this initiative is to help prisoners by expanding the scope of job training and placement services, providing assistance in finding transitional housing, and assisting newly released prisoners via mentoring, including from faith-based organizations.

The Second Chance Act also provides ex-prisoners with crucial services, like medical care and housing in addition to bolstering the current prisoner drug treatment programs and by offering various counseling programs.

There has been much excitement amongst prisoners and their friends and relatives regarding a provision in the Second Chance Act that would allow for additional time in a half way house. Presently, federal inmates are eligible to serve the final 10% of their sentence in a halfway house, but this is capped at six months. The Second Chance Act does allow for this time to be increased to 12 months. However, the Act leaves the actual implementation of this to the BOP. This means that while the BOP now has the option of granting 12 months halfway house time, they are under no obligation to do so. Because an extension to 12 months requires additional paperwork and approval from not only the prison Warden, but from the BOP Regional Offices, the vast majority of federal inmates will find that the new law will not mean that they will see the other side of the prison walls any time sooner.

Further, it must be understood that the only provision in the Second Chance Act for early release of federal prisoners is the section which has the BOP set up a “pilot program” in a single institution in which non-violent offenders, who are aged 65 or over and who have served a certain percentage of their sentence would be released early. A plethora of conditions have been set for just who will qualify for this pilot program and as of yet, the BOP has not even chosen the institution where the trial will take place. Many federal inmates and their families have gotten the wrong impression about the Second Chance Act, understanding it to mean that it will give them a “second chance” by granting them an earlier release date. This is unfortunately, not the case.

Indeed, the bill that would have granted a genuine second chance to federal inmates is entitled HR 262 and was introduced in January of 2007. It would have provided for a 50% sentence reduction for first time, non-violent offenders over the age of 45. Understandably, this bill has been a beacon of hope for many inmates. But unfortunately, it will die at the end of this term of Congress without ever receiving committee, let alone House, vote.

Assuming the approval of funding, it appears that the Second Chance Act will be of great assistance to those being released from prison who lack the support system so crucial to a successful reintegration into society. However, many are sure to be disappointed that it does not offer a true second chance to those currently incarcerated by reducing the amount of time served.

The Cost of Incarcerating our Citizens is Bankrupting our Country

Every day there is story after story on how states are battling with the increased costs of housing inmates.  I’ve blogged several times on the same subject.  Getting tough on crime in the 80’s is affecting our economy today.  It’s time we got real about crime and punishment.  We can no longer afford to lock up our citizens at a rate of 1 out of every 100.

Here’s a story from Georgia, not New York, California, or Florida….

Cost of prisons keeps climbing

Georgia’s Department of Corrections is once again budgeted to receive more than $1 billion.

By Jake Armstrong| Morris News Service

Sunday, May 11, 2008

ATLANTA — The $21 billion budget awaiting Gov. Sonny Perdue’s signature devotes $1.2 billion to the state’s prison system.

If signed as is, 2009 will mark the third consecutive year taxpayers have footed a billion-dollar bill to fund the Georgia Department of Corrections, now the fifth-largest prison system in the nation with nearly 60,000 inmates and more than 140,000 probationers.

Prison costs in the state show few signs of slowing, observers say, increasing the likelihood that prisons will soon face increasing competition for state funding alongside education, transportation and social services.

The Georgia Budget and Policy Institute predicts offenders sentenced between now and 2015 might add about $10.8 billion in capital and operating costs to the prison system’s budget in that time. That would push the prison budget past the $9.8 billion the state currently spends on education.

While the rising costs have forced new approaches to the way the state punishes and rehabilitates inmates, corrections officials face the task of juggling the financial effects of longer sentences with the graying of the prison population, both of which push expenditures higher.

The advent of mandatory minimum sentences, an accompanying “two strikes and you’re out” policy and more stringent parole guidelines enacted since the mid-1990s have created a surge in the state’s prison population, with more people being put behind bars and remaining there longer.

The effect is that for every 18,000 prisoners headed out of prison each year, 20,000 take their place, said Paul Czachowski, the spokesman for the Department of Corrections. The population behind bars is forecast to continue that trend, he said.

Increases in the number of inmates put direct pressure on the cost of housing them.

State prisons have expanded capacity by more than 150 percent since 1990, according to the Department of Corrections.

One of the ways to diminish the prison population is to decrease recidivism.

In the past five years, an emerging trend is a push to prepare prisoners better for returning to society through job training and education.

“The old days of locking people up and throwing away the key just doesn’t work,” Mr. Czachowski said.

A new response to the prisoner increase is pre-release centers, where 200 select inmates serve out the final two to five years of their terms working 10 hours a day and attending classes to obtain general equivalency diplomas, Mr. Czachowski said. More room for more dangerous inmates is the result.

The prison system is also growing upwards — the department is in progress with plans to add a third bunk to 1,000 beds.