Friday, July 6, 2012

The Second opportunity Act (Hr1593) - What It truly Means To The Federal Inmate

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Today, Federal Inmates who are released from Bureau of Prisons (Bop) custody receive next to no preserve from the Federal Government. Apart from a bus ticket, a turn of clothes and a token sum of money good for a combine meals, the recently released federal inmate is entirely on his own. For those lucky sufficient to have the preserve of house and friends, the process of getting back on one's feet, while difficult, is manageable. For those who lack this preserve system, the task of reintegrating into community as a law abiding people is one fraught with difficulties.

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Many previous inmates are released from prison and return to the same environment in which they committed their crime in the first place. They return to their home branded an ex-con or felon and face an uphill battle in their endeavor to get back on their feet. Both thinking and corporal condition problems are base as are a lack of study that would qualify them for a capability job. A glaring qoute facing many previous inmates is the lack of a home. Faced with these hurdles, even the most well intentioned previous inmates often find themselves slipping back into a life of crime. With the perfect absence of preserve given to recently released inmates, it should come as no surprise that within three years of leaving prison, over two thirds of ex-offenders are back in court facing charges for a serious misdemeanor or felony and over one half return to life behind bars.

The Second opening Act (Hr1593) entitled: "To reauthorize the grant program for reentry of offenders into the community in the Omnibus Crime operate and Safe Streets Act of 1968, to enhance reentry planning and implementation, and for other purposes", recently signed into law by President Bush attempts to offer the preserve to previous inmates that is so lacking now and to decrease the immense recidivism rate that plagues the justice ideas today.

The Second opening Act attempts to help recently released inmates in a amount of ways. It authorizes leading parts of the Bush Administration's Prison Re-entry Initiative. The goal of this initiative is to help prisoners by expanding the scope of job training and placement services, providing aid in finding transitional housing, and assisting newly released prisoners via mentoring, including from faith-based organizations.

The Second opening Act also provides ex-prisoners with crucial services, like curative care and housing in expanding to bolstering the current prisoner drug treatment programs and by offering assorted counseling programs.

There has been much excitement among prisoners and their friends and relatives regarding a provision in the Second opening Act that would allow for added time in a half way house. Presently, federal inmates are eligible to serve the final 10% of their sentence in a halfway house, but this is capped at six months. The Second opening Act does allow for this time to be increased to 12 months. However, the Act leaves the actual implementation of this to the Bop. This means that while the Bop now has the selection of granting 12 months halfway house time, they are under no enforcement to do so. Because an postponement to 12 months requires added paperwork and approval from not only the prison Warden, but from the Bop Regional Offices, the vast majority of federal inmates will find that the new law will not mean that they will see the other side of the prison walls any time sooner.

Further, it must be understood that the only provision in the Second opening Act for early publish of federal prisoners is the section which has the Bop set up a "pilot program" in a particular convention in which non-violent offenders, who are aged 65 or over and who have served a determined percentage of their sentence would be released early. A plethora of conditions have been set for just who will qualify for this pilot program and as of yet, the Bop has not even chosen the convention where the trial will take place. Many federal inmates and their families have gotten the wrong impression about the Second opening Act, understanding it to mean that it will give them a "second chance" by granting them an earlier publish date. This is unfortunately, not the case.

Indeed, the bill that would have granted a genuine second opening to federal inmates is entitled Hr 262 and was introduced in January of 2007. It would have provided for a 50% sentence reduction for first time, non-violent offenders over the age of 45. Understandably, this bill has been a beacon of hope for many inmates. But unfortunately, it will die at the end of this term of Congress without ever receiving committee, let alone House, vote.

Assuming the approval of funding, it appears that the Second opening Act will be of great aid to those being released from prison who lack the preserve ideas so crucial to a prosperous reintegration into society. However, many are sure to be disappointed that it does not offer a true second opening to those currently incarcerated by reducing the amount of time served.

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