The Board of Directors of the National Association of Criminal Defense Lawyers hereby resolves as follows:
Whereas the Section 3621(e) time reduction incentive is an effective program for reducing recidivism and drug use by federal prisoners who would not otherwise participate in residential substance abuse treatment;
Whereas pursuant to 18 U.S.C. § 3621, the Bureau of Prisoners is obligated to provide appropriate substance abuse treatment to "each," "every," and "any" prisoners in need of such treatment;
Whereas nonviolent federal prisoners with INS holds were initially eligible for the Section 3621(e) time reduction;
Whereas the 1996 amendent to the BOP's rules to require participation in community corrections categorically disqualified all alien federal prisoners and was based on a misconstruction of comment by the American Psychiatric Association;
and
Whereas the statute defines residential substance abuse treatment program as an in-prison program lasting between six and twelve months;
Therefore, the BOP should amend its rules to eliminate any categorical disqualification of alien federal prisoners from the Section 3621(e) incentive.
La Jolla, California
