Panel from the 2020 Presidential Summit and Sentencing Symposium, co-hosted with the Georgetown University Law Center American Criminal Law Review

This webinar is a rapid-fire overview of the compassionate release legal framework, the process, best practices, and the latest legal developments. Practitioners in the field and long-time experts discuss grounds for compassionate release including COVID-19 and other sentencing developments; the compassionate release exhaustion requirement; getting and analyzing clients’ medical records; how to strategize when filing motions outside of your home district; helping create a reentry plan; and dealing with detainers.

Because the full implications of First Step Act measures may not be immediately apparent, NACDL hosted a live webinar on January 29, 2019. Sentencing expert Amy Baron-Evans discusses the ins and outs of the new law, with emphasis on potentially overlooked aspects of the most significant provisions. Amy is the Sentencing Resource Counsel for the Federal Public and Community Defenders, and the go-to lawyer among federal defenders for difficult sentencing questions.

Long underused and unfairly applied by the U.S. Bureau of Prisons, federal compassionate release is seeing a revival under the First Step Act. That law not only corrected many of the flaws in the way the BOP handled compassionate release requests, but allows prisoners direct access to the courts. The new law clarifies the broad range of circumstances related to age, illness, and family circumstances that might trigger eligibility for relief and further opens up exciting new opportunities to seek reconsideration of sentences that are no longer appropriate for a variety of other reasons.

Congress Passes First Step Act; a Move in Right Direction for Federal Criminal Justice Reform - Washington, DC (Dec. 20, 2018) – Today, Congress passed the First Step Act and it is expected that the president will sign the bill into law in the coming days. NACDL and its members have long pressed to fix the unjustly severe federal sentencing regime, advocating for much more sweeping changes than are included in the First Step Act. 

Memorandum Opinion Granting Compassionate Release

We appreciate the opportunity to comment in response to the Department of Justice’s recent Proposed Rule interpreting the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) to permit individuals placed on home confinement during the COVID-19 emergency to remain on home confinement once the emergency ends. Commenters include attorneys who represent people impacted by this Proposed Rule, non-profit organizations that work with them, and organizations dedicated to the rule of law.

Letter to Senate leadership regarding federal sentencing reform proposals that begin to address shortcomings and disparities. See the COVID-19 Safer Detention Act of 2021 (S. 312), the First Step Implementation Act of 2021 (S. 1014), the Prohibiting Punishment of Acquitted Conduct Act of 2021 (S. 601), the EQUAL Act (S. 79), the Kenneth P. Thompson Begin Again Act (S. 2502), and the Driving for Opportunity Act (S. 998).

Coalition letter to Department of Justice leadership regarding the need to reevaluate a January 2021 memo from the Office of Legal Counsel that outlined a plan to return to federal prison people who had been released to home confinement under CARES Act (H.R. 748, 2020) provisions due to the COVID-19 pandemic, and proposing solutions to assured logistical issues and unfairness should the memo be heeded as written and currently interpreted.

Successful Presentation of Compassionate Release Actions in Light of COVID-19, Including for the Foreign-Born Client with an Immigration Detainer

Representation of detained clients who are at high risk for serious health consequences if they contract COVID-19 involves a progression of actions. The authors provide an overview of how to seek compassionate release from both prison wardens and dis­trict courts. This discussion includes strategies for nav­igating an ICE detainer and other immigration law issues when clients are not United States citizens.

The FIRST STEP Act directly impacts accused and sentenced prisoners in myriad ways. Defense attorney Todd Bussert discusses Bureau of Prisons-related aspects of the law, including changes to the time credit calculus, avenues by which prisoners can earn both earlier pre-release transfers and placement on supervised release, and avenues to petition courts for reductions in sentence for extraordinary and compelling reasons. Bussert points out that implementation of some of the Act’s provisions may be delayed.

Senate COVID-19 Legislation Inadequate to Address Grave Crisis in Federal and State Prisons and Jails-- Washington, DC (July 28, 2020) –  Last night, Senate Republicans unveiled new coronavirus legislation that  fails to include the critical measures needed to address the ongoing COVID-19 crisis in federal and state correctional facilities. As the United States faces a rapidly escalating COVID-19 health crisis, the virus is spreading rapidly in prisons and jails, with grave consequences for incarcerated persons, staff, and surrounding communities.

Coalition letter to Senate and House leadership regarding the technical fix to properly expand the Elderly Home Detention Pilot Program under the First Step Act (S. 3035, 2020), for inclusion in a relief package responding to the coronavirus pandemic.

Coalition letter to Attorney General William Barr regarding building on the Department of Justice's response to the COVID-19 pandemic in federal facilities, and the potential to lead states to do the same.