Bills
| 3.23.22

Allowing Low and Medium Risk Prisoners to Earn Credits for Early Release (S. 467)

Do you support or oppose this bill?

What is S. 467?

(Updated March 15, 2018)

This bill would create regular "risk assessments" of federal inmates, to determine how likely they are to commit another crime if they are released. It would also offer new mechanisms for "low- and medium-risk" prisoners to reduce their sentences, and support programs that reduce recidivism (a relapse into criminal behavior). 

The Dept. of Justice (DOJ) would conduct risk assessments of all eligible prisoners to label them at a low, medium, or high-risk of committing another crime upon release. Prisoners who are incarcerated because of sex offenses, terrorism, violent crimes, repeat offenses, major organized crime, and major fraud would be excluded from the program.

The criteria for risk assessments are not outlined in this bill, but if it passes, criteria would be set immediately after. Prisoners that are assessed to be low- and medium-risk would be able to participate in recidivism reduction programs like drug counseling or vocational training, while high-risk prisoners would need to reduce their risk level to participate. 

Participating low-risk prisoners could earn a 10 day credit for every 30 days that they participate in those programs, while medium-risk prisoners could earn five day credits for 30 days of participation. These credits could be used to allow those prisoners to serve out the final days of their sentences under community supervision — like in a halfway home or home confinement. The credits could only be used by a medium-risk prisoner if it is highly unlikely that they will reoffend after release because of their participation in these programs.

Low- and medium-risk prisoners in this program would be authorized to spend as much as 10 percent of their sentence under community supervision or home confinement under this legislation.

This bill doesn’t authorize any new spending for this program, and directs the DOJ to partner with faith-based and non-profit organizations to implement the vocation training programs, and community supervision of prisoners post-release.

Argument in favor

To reduce the size of the prison population, we must allow prisoners that are unlikely to reoffend to complete job training or drug counseling and spend part of their sentence under community supervision.

Argument opposed

Recidivism rates are high because prisoners are too tempted to return to crime after their release. Not only is this bill unlikely to succeed in its goals, but it poses major disadvantages to minority prisoners.

Impact

Federal prisoners, their families and communities, parole officers, faith-based and non-profit groups, the DOJ.

Cost of S. 467

A CBO cost estimate is unavailable.

Additional Info

In-Depth: As of May 2015, there has been an upswing of optimism surrounding this bill’s ability to pass through the Senate Judiciary Committee given that the Committee’s Chairman, Sen. Chuck Grassley (R-IA) has expressed an eagerness to work on the proposal. It also has bipartisan support (with five Democrats and four Republicans co-sponsoring).

Despite upbeat speculation that this bill could eventually be passed by Congress and signed into law, there has been criticism as well — particularly with regard to the inmates it would help. Both the New York Times Editorial Board and Vox have pointed out that this legislation is less likely to help minority inmates with more robust criminal records, thereby making it more difficult for them to be able to participate in the programs offered.

A similar version of this bill was introduced during the 113th Congress, but it didn’t receive a vote despite passing the Senate Judiciary Committee on a 15-2 margin.

For inmates who are getting released within two years, risk assessments would be conducted every year. If inmates will be released in 10 years or more, risk assessments would be done every other year. All other prisoners would get their assessments every 3 years. 


A pre-sentence report on incoming inmates would be required to assist in the risk assessment process. That report would include:

  • Information about the defendant’s history of substance abuse and/or addiction.
  • A defendant’s service in the Armed Forces or veteran status.
  • A detailed plan approved by their probation officer for reducing the likelihood of  future substance abuse and/or recidivism by addressing the defendant’s specific recidivism risk factors. The plan should also address ways to help the inmate re-enter into civilian life.

Of Note: The federal prison population has grown over time from 25,000 in 1980 to 219,000 in 2013.

Recidivism is a broad term that defines any relapse into criminal behavior after a prisoner has been released. A study from the National Institute of Justice found:

  • “Within three years of release, about two-thirds (67.8 percent) of released prisoners were rearrested.

  • Within five years of release, about three-quarters (76.6 percent) of released prisoners were rearrested.

  • Of those prisoners who were rearrested, more than half (56.7 percent) were arrested by the end of the first year.

  • Property offenders were the most likely to be rearrested, with 82.1 percent of released property offenders arrested for a new crime compared with 76.9 percent of drug offenders, 73.6 percent of public order defenders and 71.3 percent of violent offenders.”


Media:

Summary by Eric Revell
(Photo Credit: Flickr user DoD News Features)