From Reuters:
“Thousands
of low-level U.S. inmates released in pandemic could be headed back to prison”
For Kendrick
Fulton, the COVID-19 pandemic opened the door to an unexpected opportunity to
rebuild his life in Round Rock, Texas, after serving 17 years behind bars for
selling crack cocaine. As officials scrambled last year to stem the
spread of the coronavirus in prisons, the Justice Department let Fulton and
more than 23,800 inmates like him serve their sentences at home. But as
more people are vaccinated, thousands could be hauled back into prison to serve
the remainder of their sentences, thanks to a little-noticed legal opinion
issued by the Justice Department in the waning days of Republican former
President Donald Trump’s administration. Congressional Democrats and
justice-reform advocates have called on President Joe Biden and U.S. Attorney
General Merrick Garland to reverse the opinion, but so far the new
administration has not acted to rescind the memo. The memo offers a
strict legal interpretation of the CARES Act, a 2020 law that gave the attorney
general the authority to release low-level inmates into home confinement during
the pandemic. Once the emergency is lifted, the memo says, the federal Bureau
of Prisons “must recall prisoners in home confinement to correctional
facilities” if they do not otherwise qualify to remain at home - a move that
could impact as many as 7,399 BOP inmates who currently remain out on home
confinement because they still have time left on their sentences.
‘WHAT MORE
DO YOU WANT?’ That leaves Fulton, 47, who said he was able to get
much-needed knee surgery and secure a job at a wholesale auto glass distributor
in the past few months, facing the prospect of losing the new life he’s tried
to create for himself. “Words can’t really express how I feel to be home
11 years earlier. To get a job, to get a bank account,” said Fulton. “I served
over 17 years already. What more do you want? I should go back for another 11
years to literally just do nothing?” Criminal justice reform advocacy groups
say that if the White House leaves the policy in place, it will destroy the
lives of thousands of people who pose little public safety risk and have
already landed jobs, returned to school and tried to reintegrate into society.
“Allowing this memo to stay on the books is in direct conflict with the
administration’s commitment to criminal justice reform,” said Inimai Chettiar,
a director at the Justice Action Network. “They know how to change Trump
policies if they want to,” added Kevin Ring, president of Families Against
Mandatory Minimums. “We don’t know why this one hasn’t been changed yet.” A
BOP spokesman said the bureau is aware of the memo but declined to answer
further questions. A union official who represents correctional staff said he
believed that ordering everyone back to prison would be logistically
“impossible.” “We don’t have the staff,” said Joe Rojas, the Southeast
Regional Vice President at Council Of Prison Locals. “We are already in chaos
as it is as an agency.”
A Justice
Department spokesperson declined to answer questions about the policy, instead
touting the BOP’s success administering more than 122,000 doses of the
coronavirus vaccine to staff and inmates. “BOP continues to evaluate the scope
of home confinement policies that have also helped to address COVID-19
concerns,” the spokesperson added. Former Attorney General William Barr in
March 2020 ordered the BOP to release non-violent federal inmates into home
confinement if they met certain criteria, and later expanded the pool of people
who could qualify after declaring the BOP was facing emergency conditions. Last
week, U.S. Representative Bonnie Watson Coleman and 27 other lawmakers, mostly
Democrats, sent a letter asking Biden to act so people won’t have to return to
prison. “We urge you to use your executive clemency authority or direct the
Justice Department to seek compassionate release for people who have
demonstrated that they no longer need to be under federal supervision,” they
wrote. Miranda McLaurin, 43, a disabled Iraq War U.S. Army veteran who was
sentenced to five years on a drug-related offense, said not knowing whether she
will be sent back to prison is taking a toll on her mental health. “It will
drive you crazy,” she said. “I kind of felt like I did before I went to prison,
not knowing what’s going to happen.” In February, she was allowed to go home to
Ridgeland, Mississippi, from a federal prison in Danbury, Connecticut, where
she suspects she was infected with the coronavirus after she lost her sense of
smell for two weeks. Since then, she landed a job at a car manufacturing plant
and has finally been able to see her nearly two-year-old grandson. “I always
hear them talking about giving people a second chance,” she said of the Biden
administration. “I came home, I got a job. I’m working. I have to catch a ride
everyday because I can’t buy a car ... But I’m making it.”
^ I know we are
supposed to feel sorry for these criminals, but in reality I don’t. They committed a crime, they had a trial, they
were found guilty, they went to jail, they were temporarily let out because of
Covid and now they should go back to jail for the remainder of their sentence.
^
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