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.
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Good Afternoon,
My husband if facing eleven years inprison for non-voilent drug offense. This has left my children without a father and me without a husband. I think sometimes the law is very harsh. No one take the to investigate the crime and the person that has commited the crime. I really feel the punishment does not fit the crime. Not saying that he shouldn’t be punished, but eleven years is very extensive. This leaves alot of room for our boys to become products of there enviroment. I’m doing everything possible within my means as a parent and a mother to help them. But black males today need a father figue iin their lives. Especially at the beginning ofthere teenage years. My huband was at a rough time in his life and made the wrong decision but was not in trouble before this incident for eleven years prior. I am very hurt by the outcome because I am a very spiritual person, I feel that the devil goes fort the head to distroy the body meaning. The man is the head of the household without the head the body can’t function, it begins to fall aprat and eventually dies. Please someone reading this understand where I’m coming from and give me some advice on what to do to help my situtation. Thanks in adavance.
A praying confused mom.
Any discussion of prison reentry must also address the impact on the children of incarcerated parents. A new book that helps children deal with these issues can be found at http://www.4theloveofkids.com It is called, “A Boy Named Rocky: A Coloring Book for the Children of Incarcerated Parents.”
I read the womans statement above and it brought tears to my eyes. My husband is in a very similar situation. He is facing 10-20 years for a non-violent conspiracy drug case. He has no prior record. He graduated high school and has attended 2 colleges. He served in the Navy in 2004. We have 2 beautiful sons 2 and 4 yrs old. We obtained a lawyer, an expensive federal lawyer, that I have picked up a second job to pay for. In which the only advice he could really give us was for my husband to take a plea due to people that had criminal records testifying against him. He made some wrong decisions in his life and I do not argue that he should not have to pay for them. Yet 20 years of someones life to be taken away for a testimony of a criminal does not seem like “Justice being served.” It breaks my heart to answer my sons questions everyday asking,”Where their daddy is at?” and “Why did he leave?” I dont know what to tell them. Its so hard to even make ends meet trying to raise 2 little boys on my own and I have a decent job. Its seems that these men are targeted and once in jail forgotten. Their lives no longer matter to anyone but the families left behind who really endure the suffering..
the hardest thing is finding a halfway house for my son. he has a date and now it is set off 3 months. I was told that I could find one to send for him to get placement. They are not easy to find. Can anybody help with DC Metropolitan area?
thanks
my husband got 6 and a half years for a non-violent drug offense also his first offense does he qualily he has already did 2 years
In regards to my nephew, Johnnie Davis who has been in prison for a drug offense 19 yrs. this has been a hardship on all involved, first the govenment admitted they had a weak case however after a jury trial of nothing but whites he was convicted, there were only 2 blacks called for jury duty, he had two trials one with the one black ended hung jury, the next only one black who was nevers called so all white jury ended with conviction, one member of jury talked with court spectators while testmony was presented the judge did nothing
tell me what I can do to help my nephew
God bless
Grace Ford
im writing on behalf of lost men i a a mother of two girls who dont have their dad when lawmakers come up with these laws and percentages do they think about the children that will be motherless aand fatherless and with our economy being the way it is all the welfare single morhers will need without having a father helping carry the load not saying breaking the law is ok just that punishment is acceptable but corporal punishment is outrageous please help these men and women serving those 10-20 year sentences for drug offenses “You get less time for commiting a murder”. “God forgive them for they know not what they do”.
MY SON WAS CONVICTED OF NON-VOILENT DRUG
CHARGE 20 YRS,NEVER IN ANY TROUBLE WORKED HARD ON HIS 7 DAY A WEEK JOB AND WAS TRIED OF ALL WHITE OLDER JURY.THEY DID NOT UNDERSTAND THE TERMS OF CONSPIRECY WAS AND WAS FOUND GUILTY OF ALL CHARGES,ALSO THE ATTORNEY WAS DROPPED FROM THIS CASE AND GIVEN TO ANOTHER ATTY AT THE LAST MIN.DUE TO CONFLICT OF INTEREST.ALOT WENT WRONG WITH HIS CASE, ONE OF THE FEDERAL ATTY SPOKE VERY HIGHLY OF MY SON AT HIS APPEAL CASE AND STILL NOT RELEASED AS OF YET,THIS WAS A VERY HEART THROBIN DAY IN COURT FOR ME,MY 80YRD OLD PARENT’S AND HIS 2 SISTERS,MY FAHTER LOOKED AT ME AND SAID YOUR SON WILL GET HUNG IN THIS COURT ROOM AS THE TEARS RAN DOWN HIS FACE,BOTH MY ELDERLY PARENT’S HAVE PASSED AWAY WHILE MY SON IS IN PRISON FOR THE UNFAR TRIAL AND LONG TERM.YES I UNDERSTAND IF HE WAS CONVICTED OF A CRIME WITH PROOF,I COULD HAVE ACCEPTED THIS,BUT JUST ON HEAR SAY THAT’S SO SO WRONG.BUT AS THEY SAY WHAT GOES AROUND COMES BACK TO THE PEOPLE WHOM DID THIS ONE WAY OR ANOTHER,GOD WILL HANDLE THEM. I PRAY FOR MY SON AND ALL OTHER’S THAT HAVE BEEN PUT AWAY UNJUSTIFIED..GOD BLESS
PLEASE LETS GET THE SECOND CHANCE LAW PASSED..PRESIDENT OBAMA NEEDS TO TAKE A GOOD LOOK AT THIS..PLEASE HELP OUR YOUNG BLACK ME,THAT IS GETTING ALL THIS TIME FOR WHAT OTHERS {SAIY}TO SAVE THEM FOR PRISON TIME..AT LEAST THE ONES CONVICTED ARE REAL MEN!!!