Wednesday, October 8, 2008

Second Chance Act Helps Even Fewer Inmates

In a recent article regarding the Second Chance Act and its impact on federal prisoners, I made the point that the provision dealing with older inmates would actually help an extremely small number of inmates.

After accounting for all of the exceptions to the rule regarding early release for prisoners over 65, I estimated that it would impact about 650 inmates nationally.

Kenny Linn, Chairman of FedCure wrote to me regarding that number. FedCure is touted on their web site as the world’s leading advocate for America’s ever growing federal inmate population. FedCure is a leading voice for inmates and their families seeking to reform the federal prison system. They do on a national level what federal prison consultants do on an individual level.

Mr. Linn questioned the basis for the estimate of 650 inmates. Like me, he wants to make the point that, after much hype, this provision of the Second Chance Act provided false hope at best.

When I calculated the number of inmates who may qualify for benefits under this provision of the Second Chance Act, I considered the percentage of inmates over the age of 65 who had completed the mandatory 10 years or 75 percent of their time and were not convicted of violent crimes. Mr. Linn added another component to the calculation of inmates who may qualify for this provision. Mr. Linn also considered the effect that health costs would have on whether the remaining population would actually qualify for benefits.

By considering this additional factor, Mr. Linn’s number is no more than 200. No more than 200 inmates will benefit from this provision of the Second Chance Act.

If Congress had enacted tax legislation that only affected 200 Americans we would be up in arms. But because this bill was touted as Prison Reform, are we supposed to be pleased?

FedCure and I are on the same page.

It is sad to learn that, after all of the hype, so few people will benefit from an aspect of the law that gave them and their families hope – false hope.

I am not an academic scholar in this area. My expertise is based on my experience as the clerk in the Lompoc Camp. I served as the welcoming committee and the ombudsman for approximately 600 inmates who cycled through during my tenure.

The opinions I express in my articles are based on my research.

Although we may not agree on a number contained in one of my articles, FedCure’s position is consistent with my research and serves to make the same point.

Mr. Linn and I have engaged in a discussion regarding this issue and, although I thought I was making the point adequately, other sources believe that the actual number of inmates served by this provision of the Second Chance Act will be smaller.

We can look at these figures and be cynical. Or we can adopt the perception that the Second Chance Act is really the first chance taken by Congress and the BOP to provide badly needed prison reform.

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