I have been able to get copies of proposed FIRST STEP Act amendments that Senator Tom Cotton and Senator John Kennedy will seek votes on next week. Specifically, I have posted for downloading below a one-page explanation, the text of the proposed amendments, and a letter of support from the National Association of Police Organizations. Here is key text from the one-pager (with bolding in the original):
AMENDMENT 1: Excluding serious felons from early release to prerelease custody and supervised release
The First Step Act already excludes some classes of felons from using the bill’s early release time credits to transfer into prerelease custody or supervised release for up to one-third of their sentences. This list has grown as we have identified dangerous crimes — but it is still inadequate. For example, according to career sex-crimes prosecutors, 18 U.S.C. § 2422(b) is a commonly used statute to prosecute attempted child molesters. Prisoners convicted of this statute are still eligible for early release under the revised bill. This amendment adds nine serious, violent, or sex-related criminal statutes to the “ineligible prisoners” list, excluding them from early release. These offenders will still receive anti-recidivism programming and are eligible to earn other incentives, but will not be granted early release compared with current law....
AMENDMENT 2: Notifying victims before a offender is allowed to transfer out of prison early
This amendment would require the warden to notify each victim, when applicable, before an offender is transferred early into prerelease custody or supervised release. It would give the victim an option to make a statement to the warden before the offender is released.
AMENDMENT 3: Tracking the effectiveness of the anti-recidivism programs
This amendment would create transparency by requiring the Bureau of Prisons to track the rearrest data for each prisoner who is transferred out of prison early into supervised release or prerelease custody. This will provide valuable data to measure the effectiveness of the evidence-based anti-recidivism programs in the bill.
All Three Amendments Are Supported by the National Association of Assistant U.S. Attorneys, the Federal Law Enforcement Officers Association, the National Association of Police Organizations, and victims rights groups Force 100 and Arizona Voices for Crime Victims.
Download Final Cotton Kennedy one-pager on First Step Act Amendment
I am not a fan of many of the existing 60+ carve-outs in the current draft of the FIRST STEP Act limiting who gets certain incentives for being involved in anti-recidivism programming. Among my worries with these carve-outs is that sophisticated federal prosecutors and defense attorneys may develop (hard-to-see) ways to plead around these carve-outs so that certain federal defendants will be able to avoid their impact while others will not. This makes the entire sentencing system and the mechanisms being set up by the FIRST STEP Act less transparent and potentially less effective. So, I hope the Senate will resist even more carve-outs.
The victim-notification provision seems to overlap with The Crime Victims' Rights Act, 18 USC § 3771, which provides that a crime victim has the "right to reasonable, accurate, and timely notice ... of any release ... of the accused." I am not sure if the federal system consistently complies with this provision of the CVRA, and arguably this proposed amendment serves to expand and enhance the existing statutory right. And, of course, a large number of federal prisoners, such as those convicted of various drug and immigration and gun possession offenses, did not commit crimes with tangible victims needing to be notified.
And, as regular readers should know, I always support provisions that seek to soundly enhance the requirement of governments to soundly collect and analyze and make public data about sentencing systems and prison programming.
Some of the most recent of many prior related posts:
- Could enhanced FIRST STEP Act get more than 90 votes in the Senate if ever brought up for a vote?
- Senate Majority Leader Mitch McConnell promises floor vote on FIRST STEP Act after midterm election if more than 60 Senators want to move forward
- Prez Trump reportedly to announce support for FIRST STEP Act with sentencing provisions, greatly increasing its prospects for swift passage
- Senator Tom Cotton, rather than argue against FIRST STEP Act, makes case for what should be in a SECOND STEP Act
- Four changes to the FIRST STEP Act sought by Senator Tom Cotton
- Senator Tom Cotton continuing to do everything he can to try to keep the FIRST STEP Act from moving forward
- A notable debunking of "Three Myths From Critics of Criminal Justice Reform"
- FIRST STEP Act, already compromised to cater to tough-on-crime crowd, may be watered down further for Senate vote
- Latest chapter of FIRST STEP Act massaging and messaging
- The faulty and foul thinking continuing to thwart a vote on the FIRST STEP Act
- Senator Ted Cruz supports FIRST STEP Act with revisions, Prez Trump tweets for a "VOTE," and the bill's prospects brighten
- Senate leader Mitch McConnell says in floor speech that he will bring up FIRST STEP Act for a vote!!
- Latest developments and discussions surrounding FIRST (baby) STEP Act
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