BOP COMMUNICATIONS AFFECTING INMATES ELIGIBLE FOR SENTENCE REDUCTIONS UNDER THE AMENDED CRACK COCAINE GUIDELINES
- BOP Letter Dated 3/10/08 to the Committee on Criminal Law of the Judicial Conference Regarding Inmates Eligible for Immediate Release
This letter addresses whether inmates eligible for immediate release pursuant to the retroactive crack cocaine guideline amendments "would have a claim to credit for allegedly 'overserved' time should they subsequently be resentenced for violating the terms of their supervised release." In the letter the BOP recommends sample language for judges to use in any sentencing reduction orders, to avoid creating an unintended "'overserved time' situation." - BOP Letter Dated 2/13/08 to the Committee on Criminal Law of the Judicial Conference Regarding BOP Procedures for Retroactive Application of the Crack Cocaine Amendments
In this letter the director of the BOP requests that district court judges impose a 10-day delay in the effective date of sentence reduction orders where the inmate is eligible for immediate release, so that the BOP can complete certain procedures such as reviewing inmates for possible civil commitment under the Adam Walsh Act. In addition, the letter sets forth the procedures for: requesting from BOP Progress Reports on inmates seeking sentence reductions; arranging videoconferences for hearings in sentence reduction proceedings; and the distribution to BOP of any sentence reduction orders.