The U.S. Sentencing Commission is considering changes in federal sentencing guidelines, focusing on compassionate release and increased penalties for firearm violations.
The commission unanimously approved its policy priorities for the amendment year ending May 1, 2023 at a hearing on Oct. 28, 2022.
The two significant changes were made by the First Step Act of 2018, a law containing several criminal justice reforms aimed at reducing recidivism and improving conditions at federal prisons in the U.S., according to a new report by the U.S. Sentencing Commission.
One change is that an incarcerated person can file for a compassionate release, without having a motion filed by the Bureau of Prisons. This procedure is optional because they have not yet been placed in the commission’s guidelines. This technicality put most appellate courts on hold, because defendants’ motions do not apply.
“The conflicting holdings and varying results across circuits and districts suggest that the courts could benefit from updated guidance from the commission, which is why we have set this as an important part of our agenda this year,” said Judge Carlton W. Reeves, who acts as commission chair.
In addition, national debates have centered on what constitutes “extraordinary and compelling reasons” for compassionate release, with varying outcomes, reported the article.
Additionally, the “safety valve,” which exempts certain drug trafficking offenders from statutory mandatory minimum penalties, was modified by the First Step Act. The act made certain offenders with more than one point in their criminal history eligible.
Section 5C1.2 will be revised by the commission to take into account the revised statutory criteria and the two-level reduction in the drug trafficking guidelines that are currently attached to the statutory safety valve.
The Bipartisan Safer Communities Acts provisions for higher penalties for some gun offenses are among the criminal provisions that the commission stated it intends to enforce, along with other legislative measures that call for commission action.
More than 8,000 letters of public comment were submitted in response to the commission’s September publication of tentative properties and invitation to comment.
The commission expressed appreciation for feedback received through public comment. “As we now pivot to work on the final priorities set forth today, we look forward to … our continued interaction with the public to ensure the federal sentencing guidelines properly reflect current law and promote uniformity in sentencing.”
Additionally, the commission will begin a number of multi-year projects, including an examination of diversion and alternatives-to-incarceration programs, as well as other aspects of the guidelines pertaining to criminal history.
“A number of judges and others within the court family expressed strong support for the programs within their own district,” Reeves stated. “The commission looks forward to hearing more from experts and researching more fully the benefits of these programs.”
