Were lots of new PRISMs filled in federal court last week as the new § 1B1.13 guideline became law?
The question in the title of this post is mostly designed to try to embrace a new term, PRISM, to refer to federal motions that are typically (and inaptly) called “compassionate release” motions. Credit goes entirely to Doug Passon, who coins the term in the first part of this latest episode of his Set for Sentencing podcast. Her explains that PRISM stands for “Prisoner Reduction In Sentence Motion.”
Notably, federal law does not anywhere speak of “compassionate release” or making a motion for compassionate release. Rather, 18 USC § 3582(c)(1)(A) describes the circumstances under which a prisoner can request a judge to “reduce the term of imprisonment.” That statutory section sets forth criteria that are about a lot more than just “compassion,” and the US Sentencing Commission’s key (and newly amended) guideline, titled “§1B1.13. Reduction in Term of Imprisonment Under 18 U.S.C. § 3582(c)(1)(A)”, also addresses many topics that are not simply about “compassion.” Consequently, I see the term “compassionate release” motion to be an inaccurate term, whereas PRISM is an accurate and memorable acronym for the actual filings that prisoners can now bring directly to courts under the FIRST STEP Act.
Sadly, I fear that a long history of use of the term “compassionate release” in this context might mean that PRISM is not likely going to happen (like fetch, I fear). But if PRISM has any hope to become a new moniker, now would seem to be the right time in light of the US Sentencing Commission’s amended guideline officially becoming law on November 1. As of that day last week, a lot more prisoners, I suspect, had a lot more opportunities to seek a sentence reduction. I am not sure if anyone is keeping track of new PRISM filings, but I am sure this new guideline story will be worth watching closely under any name.