Monthly Archives: June 2018

BREAKING NEWS

June 18, 2018Politics, Prisoners reentering society, reentryB.O.P., Drug Abuse Program, Fight for Change, FIRST STEP act, Kim Kardashian, President Trump, Recidivism, Recidivism Study, Senator Bernie Sanders, Unicor, WorkKeysadmin1

[Update: June 10, 2022: I checked a link to the former BOP director’s testimony before Congress and learned it had been moved, so I corrected the URL, and want to suggest that readers also check out a blog I wrote after my release from the United States Federal Bureau of Prisons, where I added copies of letters to the honorable Mark S. Inch, x-BOP Director, and the Honorable Trey Gowdy, former Congress person. Fight for Change.

I also want to note that achieving Platinum Certification in WorkKeys did not help me get a job. Several job recruiters showed a lot of interest in my impressive credentials until asking when I was born or when did I receive my GED or High School Diploma. Several hung up the phone after I answered. My age knocked me out of more job opportunities than did my criminal history.]

[June 18, 2018] I have good and bad Breaking News. First, I commend President Trump for commuting the life sentence of Alice M. Johnson, a 63-year old grandmother trapped in the federal prison system for 21-years. The lovely Kim Kardashian West interceded on her behalf to President Trump.

Ms. Johnson was not a small-time drug dealer, but … 21-years is enough time in prison for anyone to serve who did not commit mass murders or horrendous crimes.

Now, if President Trump wants to save American taxpayers millions of dollars, he’ll instruct the Attorney General to order the BOP to reinterpret 18 U.S.C., Section 3624 to give federal prisoners the 54-days Congress provided for in the statute (see “INCREDIBLE NUMBERS FOR SEVEN DAYS”).

Other good news is that I succeeded at obtaining WorkKeys Platinum Certification to increase my chance of finding gainful employment upon release: More on that in a moment.

The bad news is that a nine-year study on recidivism was released in May 2018 that showed 83% of released prisoners from 30-states were re-arrested at least once during the study period. I’ll write more on that one, too!

MORE OF THE GOOD NEWS: In “Uncivil Wars” (08/17/17) and in “A Job Affair” (10/03/17), I listed what my ACT WorkKeys Skill Report showed for each of the three ACT skill levels. I scored in the Platinum range for two of the three categories. The Gold Certification I received was because of the Level 5 score in the Locating Information category (I needed one more correct answer to score as a Level 6), so that’s why I wanted to try again.

During the September 29, 2017, Mock Job Fair, the representative from the South Carolina Vocational Rehabilitation Department strongly suggested I retake the test because I was so close, and because only six percent of students receive the Platinum certification. I followed her advice.

CHANGES: Since I took the ACT tests in August 2017, WorkKeys changed their testing and scoring system. The Levels for Locating Information ranged from 3-to-6. When retested, I learned that Locating Information was replaced with Graphic Literacy. Students may now score up to a Level-7 in Graphic Literacy, the same as with Applied Mathematics and Reading for Information (also changed). The change made sense and made the testing more consistent.

This is from my ACT WorkKeys Skill Report:

WorkKeys Graphic Literacy:

You scored at Level 6. People who score at Level 6 have demonstrated all of the Levels 3, 4, and 5 skills. They also demonstrated, using graphics designed at the highly complex level, the following skills:

* Locate information in a graphic using information found in another graphic

* Compare two or more pieces of information

* Identify a trend/pattern/relationship

* Make an inference or decision

* Identify the graphic that accurately represents the data

Additionally, using graphics designed at the high-moderate level, they have demonstrated the following skills:

* Compare two or more trends/patterns/relationships

* Interpret a trend/pattern/relationship

* Make a reasonable inference or decision based on one graphic after finding information in another graphic

* Justify an inference or decision based on information

* Identify the most effective graphic given a defined purpose

* Justify the most effective graphic given a defined purpose

[End Quote] In Graphic Literacy and Applied Mathematics, my scale scores were 82. I did best at Reading for Information (Level 7, scale score of 87).

The above results show 1) I’m capable of interpreting data presented in recidivism studies that rely on graphs and complex data, and 2), I’m qualified to perform mathematical analysis to solve complex problems.

CONFESSION: I failed to perform to my fullest potential when writing “War & Reentry.”

A reader said I was unclear when writing about recidivism numbers and studies. Upon review, I saw I erred in comparison of recidivism numbers relied on by ex-director, Mark Inch. I wrote that he was wrong by stating federal prisoners recidivated at half the rate of state prisoners.

I was incorrect in one sense: If non-citizens were included into the federal study, the numbers would be much different; however, that is not the case. I used an incorrect formula to present the argument. The actual numbers were 67.8% for state prisoners, compared to 33.7% for federal prisoners rearrested within 3-years of release.

If 68-state prisoners and 34-federal prisoners were rearrested after their release during the same study period, the statement by Mark Inch would be true.

THE FACTS prove the statement untrue because the Feds released and deported thousands of illegal immigrants during the study period, many of whom illegally-returned to the United States and were rearrested (recidivated), but were not included in the “Recidivism Among Federal Offenders: A Comprehensive Overview.” Non-citizens were included in the comparison 5-year State study listed below.

Read more on the 2016 federal study in “Recidivism in America” (01/25/17), where I posted a link to the April 2014 comparison state study. Another associated article/blog is “An Inside View of Criminal Justice,” originally published by PrisonLawBlog.com (10/07/14). I show the influence of private prison companies on the BOP and failed policies that fuel mass incarceration.

INCREDIBLE NUMBERS FOR SEVEN DAYS: In “War & Reentry” I showed the millions of dollars American taxpayers will save if the BOP awards its prisoners 54-days per year, instead of the 47-days awarded since 11/01/1987, which resulted in prisoners serving longer prison sentences than intended by Congress.

The numbers listed were that 44,000 federal prisoners get released each year and that if released 7-days earlier, it would equate to an annual savings of thirty-million, six-hundred thirty-thousand, and six-hundred dollars.

Those numbers are correct: $30,630,600 saved by awarding federal prisoners the other 7-days lost in the BOP’s interpretation of federal law.

THE JUSTICES who dissented in Barber v. Thomas, 560 U.S. 474, 130 S.Ct. 2499, 177 L.Ed.2d 1, 13-16 (06/10/2010) cautioned that the majority opinion would add, “[t]ens of thousands of years of additional prison time on federal prisoners …. And if the only way to call attention to the human implications of this case is to speak in terms of economics, then it should be noted that the Court’s interpretation comes at a cost to the taxpayers of untold millions of dollars.”

The majority said the BOP’s interpretation was “reasonable” and that they must give it deference. The Justices did “[n]ot determine the extent to which Congress has granted the BOP authority to interpret the statute more broadly, or differently[;]” therefore, the agency may change their interpretation immediately to comply with the statute, clarified by the House of Representative in passing the FIRST STEP act with a vote of 360-59.

IF the BOP and Attorney General wants to save your taxpayer dollars, they will change their interpretation and give federal prisoners those other 7-days. The truth is, that if changed, the bureaucrats will probably give themselves large bonuses to consume funds saved.

COST OF INCARCERATION INCREASE: Between 2011 and 2017, the cost of incarcerating a federal prisoner rose from $79.16 to $99.45 per day or $28,893.40 to $36,299.25 per year. Federal Register, Vol. 78, No. 52 (03/18/13), and Vol. 83, No. 83 (04/30/18). That will grow.

BE PROACTIVE FOR CHANGE: Demand a change! Contact your Senator and Congressional Representative and ask him or her to push prison reform and a change from draconian sentencing laws that lead to mass incarceration. Demand that BOP (Backwards on Purpose) officials be held accountable and follow the law to reduce recidivism.

BACK TO THE NUMBERS: I questioned the figures when I thought of 44,000 as the number of released federal prisoners, so I went to the source: transcript of Ex-director, Mark Inch’s testimony before the “Oversight Hearing of the Bureau of Prisons” on April 17, 2018. Inch stated on page two, under subheading “OUR PROGRAMS – REENTRY BEGINS ON DAY ONE” as follows:

“Reentry programming is a critical component of public safety; inmates are much more likely to return to a life of crime and victimization if they leave prison without job training, treatment for mental illness and/or substance abuse, an education, and a general understanding of what it means to be a productive law abiding citizen. It is important that we in the Bureau help ensure the nearly 44,000 inmates who are released back into the communities each year do not repeat their past mistakes.” Inch-Testimony.pdf (house.gov)

EVIDENCE OF MORE RECIDIVISM: Last month the Bureau of Justice Statistics released a new study (“2018 Update on Prisoner Recidivism: A 9-Year Follow-up Period (2005-2014),” NCJ250975, May 2018), a follow-up to the 5-year study relied upon for comparison by the ex-director (“Recidivism of Prisoners Released in 30 States in 2005: Patterns from 2005 to 2010,” NCJ244205, April 2014).

The 83% recidivism rate revealed in the 9-year follow-up study shows the seriousness of recidivism in America and the need for a magic elixir that does not exist. Until financial incentives end for politicians who continue making policies and laws that fuel mass incarceration, positive change will be slow: It is time to stop state and federal funding for private prisons.

In 2015, former presidential candidate, Senator Bernie Sanders, introduced a bill to bring back federal parole and to stop federal funding for private prisons. Apparently, none of Senator Sanders’ peers were interested in eliminating a source of income from private prison lobbyist, so the bill never made it to the vote stage of legislation.

FLAWED POLITICS: In passing laws and implementing policies and practices, the political trend for decades has been to restrict or prohibit violent felons from receiving time off their sentences for program participation. Criminal laws include increased penalties for career criminals and those who commit violent felonies.

To deny those offenders of program benefits increases the risk on society that those prisoners reoffend. Violent offenders need help, too.

Most violent offenders will be released from prison; therefore, those laws and policies are flawed and need restructured to include anyone who wants to participate and maybe change their lives, if the law-makers want to protect society and to reduce recidivism.

VIOLENT CRIME MISCONCEPTION: All categorically-listed crimes of violence do not contain violence. I addressed the issue in “Violent Crime Misconception” (02/24/16). I believe most people think of violent criminals as those who physically harm or threaten to harm their victims during the commission of crimes like rape, murder, and armed robbery.

Programs that current policy prohibits certain prisoners from receiving benefit from, are programs such as the Residential Drug Abuse Program. And in the event that the Senate approves the FIRST STEP act, any “Evidence-based Recidivism Reduction Program” or activity that reduces recidivism.

For instance, inmates with convictions for “certain” crimes of violence or sex crimes, will be prohibited from earning time off sentences by participating in evidence-based programs; e.g., Federal Prison Industries (UNICOR) that reduces recidivism by 24%; taking educational or vocational classes. Restrictions also apply to those who participate in faith-based or social programs; mentoring or teaching any evidence-based program; participating in cognitive behavior treatment, “victim impact classes or other restorative justice programs.”

Those aspects of legislation needs changed and made retroactive to award prisoners for positive behavior exemplified under dire circumstances. Maybe Kim Kardashian will help get votes in the Senate to change the failed criminal justice policies. Go girl!

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Wayne T. Dowdy writes at StraightFromthePen.com.

WAR and REENTRY

June 4, 2018Current Affairs, reentry(H.R. 5682); SENTENCING REFORM AND CORRECTIONS ACT, (S.1917); reentry services, Bureau of Prisons, Fairshake, Mark Inch; Jeff Sessions; Congress, RZero, U.S. Sentencing Commission; FIRST STEP ACTadmin1

by Wayne T. Dowdy

[Updated with note in text body on March 1, 2019]

GENERAL SURRENDERS: Mark S. Inch, former two-star, retired-general, surrendered his post as BOP Director on May 18, 2018. Attorney General Jeff Sessions appointed Hugh J. Hurwitz as acting BOP Director. Mr. Hurwitz was the Deputy Director of Reentry Services.

Several sources reported Mark Inch resigned because of conflicts with AG Sessions micromanaging his actions, not allowing him to hire staff, and Jared Kushner’s desires for prison reform initiatives.

AG Sessions opposes any actions that benefit prisoners, even those to be enacted to protect society from recidivist. He opposes the FIRST STEP ACT that passed the House by a vote of 360 to 59, introduced by the Honorable Doug Collins (R-GA) and Hakeem Jeffries (D-NY).

FIRST STEP ACT (H.R. 5682): Those 360 votes by congressional representatives represent the “Will of the People.”

The Will of the People shouted in the House of Representatives, but that may not be good enough for Senators driven by personal agendas and the influence of the American Legislative Exchange Council (ALEC) that ALWAYS interferes with any bill or policy introduced to reduce prison populations. *

The First Step Act contains provisions that allows federal prisoners to earn additional time off their sentences for taking “Evidence-Based Programs” that reduces recidivism, and thus save taxpayer dollars and spare American citizens of the negative effects of recidivists who fail to reintegrate into society.

IMPORTANT FACT: The bill “clarifies” that federal prisoners earn 54-days per year, not the 47-days the BOP provides because of their interpretation of Title 18, Section 3624(b). Those additional 7-days may not seem like much, but I’ll show it mean a lot.

I sent MR. Inch a letter on 11/20/17 to show how to save money. He didn’t respond. On 03/05/18, I re-submitted it and my BP-10, and then sent Representative Trey Gowdy (R-SC) a copy of all I sent Mr. Inch.

I’ve readjusted figures to represent the 2017 average cost of incarceration ($99.45 per day/$36,299.25). An average of 44,000 federal prisoners get released each year.

Those 7-days equate to an annual savings of $30,630,600.00 (7 X $99.45 = $696.15 X 44,000).

Those 7-days put me on the streets 240-days earlier (08/07/18), without going to an RRC, so I have a vested interest in the issue.

* Read “The Truth About Incarceration, Part II” for more on ALEC and their influence, whose members I suspect include AG Sessions, Senators Tom Cotton (R-AR), and Mitch McConnell (R-KY), neither of whom favors prison or sentencing reform.

I agree with Attorney Brandon Sample that the FIRST STEP Act is not perfect because it prohibits too many prisoners from receiving its benefits, but the bill does contain 3-important provisions for all federal prisoners:

The retroactive Good Time fix;
Requiring the BOP to keep prisoners within 500 driving miles of their family members;
Allowing compassionate release motions made by prisoners, DIRECTLY with the court, after exhausting administrative remedies. Brandon Sample Newsletter (email: [email protected]); read his blog at https://sentencing.net.

SENTENCING REFORM AND CORRECTIONS ACT (S.1917): “Sen. Charles Grassley (R-Iowa), chairman of the Senate Judiciary Committee, also wants any [Prison Reform] type bill to include sentencing reform. Grassley and [Richard] Durbin [D-Ill.] are joint sponsors of the Sentencing Reform and Corrections Act of 2017, S.1917, that retroactively reduces mandatory minimum sentences for certain drug and gun offenses. SCRA was approved by the Senate Judiciary Committee in February, and is awaiting a vote by the full Senate.” Legal Information Legal Services Associates, www.lisa-legalinfo.com (email: [email protected]).

Some legislatures want sentencing reform added to the FIRST STEP ACT. Some analysts say that adding the SCRA would likely be the death of the bill.

The sponsors re-titled the initial prison reform bill to become the FIRST STEP for good reason: it is a First Step for change.

Senate Majority Leader, Mitch McConnell, lets such bills die instead of sending them to the floor for a vote. I’m sure he’s an ALEC member.

If he does not send the First Step act to the floor, let the voters remove him from his seat for ignoring the Will of the People!

EX-BOP DIRECTOR TESTIFIED BEFORE CONGRESS: Mark Inch prepared his statement for those in attendance at the Committee on the Judiciary, Subcommittee on Crime, Terrorism, Homeland Security, and Investigations, dated March 16, 2018, presented April 17, 2018.

In his statement, he played with recidivism numbers to present the BOP as complying with its mission of protecting the public. According to Mr. Inch, federal inmates recidivate at about “half” the rate of state prisoners (“[o]ur three-year recidivism rate is nearly half the States’ average. 1”). https://docs.house.gov/meetings/JU/JU08/20180417/108008/HHRG-115-JU08-Wstate-InchM-20180417.pdf

[The following statement clarified and corrected in blog post HAPPY MOTHER’S DAY, CORRECTIONS & REENTRY https://straightfromthepen.wordpress.com/2018/05/13/happy-mothers-day-corrections-reentry/ ]

Not so! 34.1% is not almost half; it’s almost one third. Maybe math is not his strong suit, or maybe he misrepresented the truth to make the BOP appear better than it is at reducing recidivism. (See below: STATISTICAL JUGGLING OF RECIDIVISM STUDIES.)

In footnote #1, Inch stated, “In 2016, the U.S. Sentencing Commission found that only 34% of the inmates released from the Bureau of Prisons in 2005 were re-arrested or had their supervision revoked over a three-year period.”

I read the 2016 Study and suspect Inch got his data from Table 2, “Rearrest Rates for Recidivism Study Offenders.” That table shows 33.7% of federal prisoners return with a new commitment to pay for their transgressions (that’s almost 34%).

What Inch did not reveal, was that the 2016 Study covered 8-years and showed a 49.3% recidivism rate on page #16 of the study on “Recidivism Among Federal Offenders: A Comprehensive Overview.”

STATISTICAL JUGGLING OF RECIDIVISM STUDIES: The state study used for comparison was reported by the Bureau of Justice Statistics (BJS) (“Recidivism of Prisoners Released in 30 States in 2005. Patterns from 2005 to 2010”). That State Study did show 67.8% of state prisoners recidivated within 3-years, compared to the 2016 Study for federal prisoners that showed 33.7% of federal prisoners recidivated during 3-years (a difference of 34.1%).

At 5-years, the numbers are 76.6% for state prisoners, compared to 42.1% of federal prisoners (a difference of 34.5%). Those numbers would not have helped him attempt to bamboozle the United States Congress, who battered him during the April 17th, 2018 Hearing.

Based upon one substantial fact, one cannot rely on the accuracy of comparison between the two studies, because the United States Sentencing Commission’s study DID NOT include “non-citizens,” such as illegal aliens known for running back across the border when deported (“The BJS study also included non-U.S. citizens, a category of offender excluded from the Commission’s study.”), fn. #40, U.S.S.C. 2016 Study.

Relying on the March 5, 2018, “U.S. Sentencing Commission’s, 2017 Sourcebook of Federal Sentencing Statistics,” non-citizens accounted for about 41% of all offenders.

ADD that 41% of non-citizens into the 2016 Study, and the true federal recidivism results would show that the BOP didn’t do any better than states at reducing recidivism; maybe even worse than some, by failing to provide federal prisoners with adequate programs that reduced recidivism, contrary to former Director Mark Inch’s testimony before Congress.

MISLEADING STATEMENTS BY INCH ON RESIDENTIAL REENTRY CENTERS (RRC): In his statement cited above, subheading, “OUR GOAL – EFFECTIVE TRANSITION TO THE COMMUNITY,” Inch wrote, “Despite our continued efforts to seek RRC capacity in new locations and diversify services in existing locations, there remains strong community resistance to RRC’s and few vendors compete for such solicitations.”

Isn’t that the same man whose actions resulted in the non-use of at least 17-RRCs throughout the United States, who then reduced the average placement period to 120-days or less to better utilize resource?

120-days is far below the time allowed by Congress to reduce recidivism and to protect its citizens. Now some inmates get sent to RRC’s in different areas/states than their designated release area, due to his actions.

To justify not renewing contracts, Inch claimed the RRC’s he chose not to extend contracts on were underutilized. Why not keep the contracts to reduce the strain on other RRCs?

Facts prove Ex-Director Inch misrepresented the truth when he testified before Congress.

Read more on halfway house (RRC) issues in these blogs: “Life Inside” (11/20/17); “Half A Problem” (01/12/18), “Storms and a Valentine’s Day Wish” (02/12/18), and “March Madness” (03/20/18).

***** REENTRY SERVICES: Two reentry services provide valuable service to communities by helping to increase the chances of ex-offenders successfully reintegrating into the community: RZero.org and FairShake.net.

[Note 05/05/2021: RZero.org info removed. No longer related to reentry. Fairshake.net continues to provide excellent services to those who use their website]

FAIRSHAKE.NET: I cannot write about reentry services without mentioning FairShake.net, whose owner is dedicated to reentry initiatives and provides valuable services. I learned of RZero.org through her Corrlinks newsletter ([email protected]).

Read “Reentry Programs Will Reduce Recidivism” (07/21/16) for more on FairShake.net (https://straightfromthepen.wordpress.com). Even better, visit www.fairshake.net. She needs volunteers to help with providing more services.

Be a warrior: Fight and reduce recidivism through effective reentry programs.

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Wayne T. Dowdy writes at https:/straightfromthepen.com. Support his writings by purchasing his books. Visit his Smashwords Author’s Page at https://www.smashwords.com/profile/view/WayneMrDowdy today.