When you learn that someone is being released from prison after only serving half of their sentence, that person was not in the federal prison system. State prisons are often much more lenient with the actual sentence that must be served before an inmate can be released early to his family.
The same is not true of the federal prison system. Individuals convicted of a federal crime who are required to serve time in federal prison may qualify for parole, but it may not substantially reduce a sentence as it would in the North Carolina state prison system.
The answer is, it depends
Video Transcript: Is there a way to get early release from a federal sentence? My name is Ted Hasse. I’m a federal criminal defense attorney in Oklahoma at the Wirth Law Firm. I handle federal criminal cases here in our Tulsa office.
Good Time Credit:
When a federal judge sentences a person to a clearly defined number of months, the person eventually ends up in federal prison. All persons serving sentences for crimes committed after November 1, 1987 serve sentences under a system known as the Comprehensive Crime Suppression Act. Therefore, Title 18 of the United States Code, Section 3585(a) applies to them. This section states that the Bureau of Prisons will award 54 days of credit each year to individuals who comply with all programs and avoid disciplinary infractions.
To earn good time, a person must meet the following criteria:
Option 3: Compassionate Release
Also known as Reduction of Sentence (RIS), is a release Compassionate due to exceptional or compelling circumstances, such as B. a diagnosis of terminal illness, debilitation or other criteria, is another alternative to early discharge. Specifically, if an inmate is eligible due to compelling circumstances, he or she may request a compassionate consideration of release by submitting a request to their department team. The application is reviewed by the Overseer and ultimately the BOP Director to decide if the application is reasonable and should be approved.
The First Stage Act is relevant in relation to the reduced sentence option because inmates could not apply to the court for parole before the passage of the First Stage Act. I had to go through the BOP. However, the First Step Act allows an inmate to apply directly to the sentencing court for parole. The inmate must wait 30 days after filing an application with the BOP before filing an application.
COVID-19 Home Detention Guidelines
What came closest to a publicly available document on guidelines related to the release of detainees was on the BOP’s website entitled “FAQS QUESTIONS ABOUT THE HOUSEHOLDING OF A PROSPECTIVE INFANT IN RESPONSE TO THE COVID-19 PANDEMIC.” (I saved the document, which has since been deleted.) Although it did not have the markings of a BOP document, it was there and answered a number of questions in the Related to some guidelines, such as Age
- Knowledge of CDC-identified risk factors for COVID-19 in prison
- Primary offense is not violence, terrorism, or sex offense
- No incarceration
- Psychiatric Level I, II or III
- Inmate assessment tool targeting estimated risks and needs (SAMPLE) Level e of
- Minimum
- Low or minimum level of security
- He has served at least 50% of his sentence
- He has not had any in the past 12 months Incidents reported
- He has a viable release plan (residence, employment, medical/treatment needs nto, etc.)