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U.S. Sentencing Commission Approves New Guidelines for Compassionate Release Eligibility

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published April 06, 2023

By Author - LawCrossing

U.S. Sentencing Commission Approves New Guidelines for Compassionate Release Eligibility

On Wednesday, the U.S. Sentencing Commission greenlit new guidelines that will extend the eligibility of federal prisoners for compassionate release from incarceration. These regulations, which received a 4-3 vote, form a component of a more comprehensive set of revisions and constitute the most extensive criminal justice changes the commission has implemented in over four years. The U.S. Sentencing Commission comprises seven members and is responsible for defining the sentencing recommendations for federal judges.
 
Judge Carlton Reeves, the Chairman of the Commission, stated that the group had obtained numerous public feedback on its assortment of revisions from every corner of the nation. He emphasized the importance of listening to those who have experienced the consequences of their decisions if the Commission is to choose the appropriate, impartial, and equitable policy. He added that anyone who has addressed the Commission, whether from within the walls of Congress or a prison library, has had their voice acknowledged.
 
Former President Donald Trump signed the First Step Act into law in 2018, which broadened the qualifications for compassionate release for ailing and elderly federal prisoners. Following the outbreak of the COVID-19 pandemic, requests for compassionate release increased considerably, with 7,014 motions submitted in the 2020 fiscal year. Without the direction of the panel, these applications were not uniformly granted.
 
On Wednesday, the new compassionate release policies were approved, which extended the requirements for what can be regarded as "extraordinary and compelling reasons" for compassionate release. Additionally, it will grant judges more discretion in determining when a sentence reduction is warranted.
One of the new categories that might make a prisoner eligible for compassionate release is if a corrections officer sexually assaults them. Three members of the Commission opposed the final regulation, citing their disagreement with a clause that would enable judges to grant compassionate release to inmates if adjustments to federal sentencing laws render their prison terms inequitable.
 
Commission member Candice Wong stated that the regulation "effectuates a systemic, structural modification without congressional authorization."
 
United States
LIMITS ON LONGER SENTENCES
 
The Commission had contemplated voting on a significant reform to restrict federal judges from handing down longer sentences to defendants based on alleged crimes, even if a unanimous jury had acquitted the defendant of those allegations in a split verdict. However, according to Reeves, the Commission determined it required more time before reaching a final decision.

Under the current protocol, a defendant acquitted on some counts and convicted on others may still face a more severe sentence if the judge incorporates the acquitted conduct into the sentencing calculations.
 
Michael P. Heiskell, the National Association of Criminal Defense Lawyers' President-Elect, expressed disappointment with the postponement. He stated, "Sentencing people based on conduct for which a jury has acquitted them is fundamentally unjust since it undermines the constitutional right to trial and disregards the jury's role."
 
On Wednesday, the Commission authorized other reforms, including implementing a significant gun law passed last year that would lengthen prison sentences for straw purchasers who purchase firearms on someone else's behalf and for individuals who knowingly sell pills contaminated with lethal fentanyl or who act with deliberate blindness.
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