New report assails (lack of) compassionate release in federal system

As highlighted via this NPR piece, headlined “Federal ‘Compassionate’ Prison Release Rarely Given,” Human Rights Watch and Families Against Mandatory Minimums have today released a big new report criticizing the poor administration of the federal compassionate release program. Here are excerpts from the NPR piece:

Back in 1984, Congress gave authorities the power to let people out of federal prison early, in extraordinary circumstances, like if inmates were gravely ill or dying. But a new report says the Federal Bureau of Prisons blocks all but a few inmates from taking advantage of “compassionate release.”

The federal prisons house more than 218,000 inmates but, on average, they release only about two dozen people a year under the program. By contrast, the state of Texas, no slouch when it comes to tough punishment, let out about 100 people on medical parole last year, researchers say.

“Why are so few people getting out?” asks Jamie Fellner, a senior adviser at Human Rights Watch who helped write the new study. “You have a prison system that is grotesquely overcrowded, you have prisoners who pose no meaningful threat to public safety and yet they’re being denied release?”

Fellner says she’s convinced the culture of the federal prisons and the Justice Department acts as an iron curtain for all but the sickest inmates — people with less than a year to live, who can’t even walk or use the bathroom on their own, let alone commit another crime….

Mary Price, general counsel at Families Against Mandatory Minimums, helped write the new report. She says she’s tried to help Mahoney — and many other inmates — win compassionate release. “We don’t sentence people to die alone in prison when we’ve given them a five-year sentence,” she says.

Price says Congress gave judges the authority to make decisions about which prisoners could be released for “extraordinary and compelling” reasons. But under the rules, the Bureau of Prisons has to petition the court first. And the bureau usually says no — without ever involving the court.

For instance, Price and Fellner say they couldn’t find a single case in the last 20 years where prison authorities had granted a compassionate release for an inmate to care for young children after a spouse or partner died, even though Congress and the U.S. Sentencing Commission expressly left open that option….

Advocates at Human Rights Watch and Families Against Mandatory Minimums are calling on the Bureau of Prisons to open up its procedures. And they’re asking Congress to pass a law that would allow prisoners to go directly to the courts if the bureau shuts them down.

The Justice Department’s inspector general, Michael Horowitz, is reviewing the program, too. He says it could help save money and cut down on prison overcrowding.

The full report is available at this link, and here are two paragraphs from the lengthy report’s summary:

Congress authorized what is commonly called “compassionate release” because itrecognized the importance of ensuring thatjusticecould be tempered by mercy. A prisonsentence that wasjust when imposed could— because of changed circumstances —becomecruel as well as senseless if not altered. The US criminal justice system, even though itprizes the consistency and finality of sentences,makesroom for judges to take a secondlook to assess the ongoing justice of a sentence.

Prisoners cannot seeka sentence reduction for extraordinary and compellingcircumstances directly from the courts. By law, only theFederalBureau of Prisons (BOP,the Bureau) has the authority to file a motionwithacourt that requests judicialconsideration of early release. Although we do not know how many prisoners have askedthe BOP to make motions on their behalf—because the BOP does not keep such records—we do knowthe BOP rarelydoesso.  The federal prison system houses over 218,000prisoners,yet in 2011, the BOP filed only 30 motions for early release,andbetween January1 and November 15, 2012, itfiled37. Since 1992, the annual average number of prisonerswho received compassionate release has been less than two dozen. Compassionaterelease is conspicuous for its absence.