The Legislative Initiative to Require Regulation of Prisoner Telephone Services
Congressman Bobby L. Rush introduced The Family Telephone Connection Protection Act (H.R.4466 in 2007, and H.R. 555 in 2008), and again, this year. legislation to amend the Communications Act of 1934 which would require the Federal Communications Commission to prescribe rules regulating inmate telephone services, rates, and calling options. Such legislation is backed by diverse individuals and organizations, includingThe National Association of Women Judges, and The American Bar Association whose official positions (The ABA Policy and Letter to Congress) strongly support the bill and urge the House of Representatives to pass the legislation.
You can express your support for H.R. 555 by writing to Congressman Rush and your congressional representative. Specific contact information about your Representative can be found at: https://forms.house.gov/wyr/welcome.shtml
Contact information for your Senators can be found at: www.senate.govt
Other Legislative Developments
Restoration of Federal Sentence Reduction Credits
H. R. 1475, the “Federal Prison Work Incentive Act of 2009'' - introduced by Mr. DAVIS of Illinois and 15 co-sponsors – would restore the former system of good time allowances toward service of Federal prison terms, and among other things. The bill provides as much as 10 days of credit against the term of incarceration for each month of the sentence for sentences of 10 years or more. The bill also provides for the discretionary award of up to 5 days per month for prisoners employed in a prison industry or at a federal correctional camp, and for those who perform meritorious service. All of these credits may be forfeited upon the commission of a criminal offense or a violation of prison regulations.
Federal Parole
H. R. 61, the “Federal Prison Bureau Nonviolent Offender Relief Act of 2009” introduced by Rep. Sheila Jackson-Lee on 6 January 2009 to provide an alternate release date for certain nonviolent offenders who have served one half or more of the term of imprisonment (including any consecutive term or terms of imprisonment) if the prisoner – (1) has attained the age of 45 years; (2) has never been convicted of a crime of violence; and (3) has not engaged in any violation, involving violent conduct, of institutional disciplinary regulations. For additional information and to join supporters of the bill, see: http://www.fedcure.org/information/FedCURE-USSC-PriorityAmendmentCycleEnding-01May2009-f.pdf.
Parole for Juveniles
H.R. 2289, the “Juvenile Justice Accountability and Improvement Act of 2009,” introduced by Rep. Robert Scott on 6 May 2009 to establish a meaningful opportunity for parole or similar release for child offenders sentenced to life in prison, and for other purposes.
Cocaine Sentencing Disparity Reform
H.R. 1459, the “Fairness in Cocaine Sentencing Act of 2009,” introduced by Rep. Robert Scott and 26 cosponsors on 12 March 2009 to amend the Controlled Substances Act and the Controlled Substances Import and Export Act to eliminate increased penalties for cocaine offenses where the cocaine involved is cocaine base, to eliminate minimum mandatory penalties for offenses involving cocaine, to use the resulting savings to provide drug treatment and diversion programs for cocaine users, and for other purposes. See also, H.R. 2178, “Crack-Cocaine Equitable Sentencing Act of 2009,” introduced by Rep. Charles Rangel to amend the Controlled Substances Act and the Controlled Substances Import and Export Act to eliminate certain mandatory minimum penalties relating to crack cocaine offenses.
National Criminal Justice Reform
S. 714, the “National Criminal Justice Commission Act of 2009,” introduced 26 Mar. 2009 by Senator Jim Webb, VA, proposes to establish a National Criminal Justice Commission to undertake a comprehensive review of the criminal justice system, make findings related to current Federal and State criminal justice policies and practices, and make reform recommendations.
S.650, the “Federal Death Penalty Abolition Act of 2009,” introduced 19 Mar. 2009 Senator Russ Feingold to abolish the federal death penalty.
A hearing on the S.650, which proposes the establishment of a National Criminal Justice Commission Act of 2009, was held by the Senate Judiciary Subcommittee on Crime and Drugs on 11 June 2009. Chaired by Senator Arlen Specter, the Committee heard wide-ranging views from across the political spectrum. All agreed that the criminal justice system urgently needs reexamination and reform.
The Second Chance Act
HR 1529, the “Second Chance Act” to permit the expungement of records of certain nonviolent criminal offenses introduced 16 March 2009 by Representative Charles B. Rangold, NY. As approved by the House 10 June 2009, the bill authorizes:
· $37 million for grants for adult and juvenile offender state and local reentry demonstration projects (Section 101)
· $10 million for reentry courts (Section 111)
· $7.5 million for family-based substance abuse treatment (Section 113)
· $2.5 million for evaluation and improvement of education at prisons, jails, and juvenile facilities (Section 114)
· $5 million for technology careers training demonstration grants (Section 115)
· $13 million for offender reentry substance abuse and criminal justice collaboration (Section 201)
· $15 million for grants for mentoring and transitional services (Section 211)
· $10 million for prisoner reentry research (Section 241)
· $14 million for prisoner reentry programs in the federal Bureau of Prisons
Jamming Cell Phones in Prison
S. 251 (http://thomas.loc.gov/cgi-bin/query/z?c111:S.251:) and (H.R. 560 ( http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.560 :) introduced by Senator Kay Bailey Huthison and Representative Kevin Brady, respectively.
There is some question as to whether it is technologically possible to track cell phone calls that originate in a correctional facility. It does seem clear that correctional facilities have not implemented any such technology. Nor are they likely to do so as long as they can continue to collect unconscionable “commissions” generated from prisoner-initiated phone calls.
If such technology were in place, the use of cell phones might provide prisoners with less expensive calling options than the excessive rates charged in many correctional facilities that permit only collect calling.
As things stand, however, cell phones present potential threats to public safety and prison security. For example, a Maryland prisoner recently used a cell phone to arrange for the murder of a witness against him. A Texas prisoner was convicted of using a cell phone to threaten the life of a state senator. And cell phones were used to plan escapes in Kansas prisons, one in 2006, and another this year. Consequently, cell phones are considered contraband in a correctional setting.
It is possible for correctional facilities to deploy “jamming” technology that will prevent the transmission of a cellular signal, but that is prohibited by the Communications Act of 1934. None the less, South Carolina ran a test of jamming equipment at a correctional facility. Texas had planned such a test but cancelled it because of the 1934 law. And the Federal Communications Commission has denied two other states to test the technology – Maryland and Louisiana.
On 15 January 2009, congressional legislation to permit the use of jamming technology in prisons was introduced by Senator Kay Bailey Hutchison (S. 251)(http://thomas.loc.gov/cgi-bin/query/z?c111:S.251:) and Representative Kevin Brady (H.R.)(560 http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.560:), both of Texas.
In the meantime, Maryland Gov. Martin O'Malley and U.S. Senator Barbara A. Mikulski have asked the National Telecommunications Information Administration to permit a test of jamming technology.
Other Bills of Interest
1. Ex-Offenders Voting Rights Act of 2009 (Introduced in House)[H.R.59.IH]
2. Elder Abuse Prevention Act (Introduced in House)[H.R.1374.IH]
3. SORT Act of 2009 (Introduced in Senate)[S.1146.IS]
4. SORT Act of 2009 (Introduced in House)[H.R.2612.IH]
5. Border Law Enforcement Anti-Drug Trafficking Act of 2009 (Introduced in Senate)[S.1190.IS]
6. Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2009 (Introduced in House)[H.R.265.IH]
7. National Criminal Justice Commission Act of 2009 (Introduced in Senate)[S.714.IS]
8. Juvenile Crime Reduction Act (Introduced in House)[H.R.1931.IH]
9. Commerce, Justice, Science, and Related Agencies Appropriations Act, 2010 (Reported in House)[H.R.2847.RH]
10 . Juvenile Justice and Delinquency Prevention Reauthorization Act of 2009 (Introduced in Senate)[S.678.IS]
11. International Megan's Law of 2009 (Introduced in House)[H.R.1623.IH]
12. Gang Prevention, Intervention, and Suppression Act (Introduced in House)[H.R.1022.IH]
13. Gang Abatement and Prevention Act of 2009 (Introduced in Senate)[S.132.IS]
14. Criminal Code Modernization and Simplification Act of 2009 (Introduced in House)[H.R.1772.IH]
15. Fairness in Cocaine Sentencing Act of 2009 [H.R.5035] [1]
Reports, Publications, & Studies
