NACDL - Urging the Bureau of Prisons to Eliminate Disqualification of Aliens from the Section 362(e)

Urging the Bureau of Prisons to Eliminate Disqualification of Aliens from the Section 362(e)

The BOP should amend its rules to eliminate any categorical disqualification of alien federal prisoners from the Section 3621(e) incentive.

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

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