During July of 2024, President Joe Biden signed into law the Federal Prison Oversight Act, which enhances and strengthens independent government oversight of the crisis-plagued federal Bureau of Prisons. This follows a major uptick in the systemic corruption, failures and abuse in the federal prison system during and after the COVID-19 pandemic.
The Importance of the Federal Prison Oversight Act
The Federal Prison Oversight Act, amongst other initiatives, lays the foundation to better field and respond to complaints stemming from sexual assault, staff misconduct, sanitary issues, and deaths that occur within the federal prison system. In a testament to just how dire the federal prison system has become, the bill was sponsored by legislators from both sides of the aisle, with several republicans and democrats coming together to address these concerns, all of which have stemmed from overcrowded and understaffed prisons across the country. Indeed, the bureau of prisons encompasses over 30,000 staff members and oversees 158,000 inmates at any given time.
Under the legislation, an independent federal prison ombudsman would collect complaints via a secure hotline and online form and then investigate and report to the attorney general and Congress dangerous conditions affecting the health, safety, welfare and rights of inmates and staff.
How This Can Apply to Federal Defendants
While all inmates have been negatively impacted by these conditions, those who are elder or who have significant health issues have found themselves most at risk over the last several years. Now more than ever, it is critical for federal defendants to pursue any and all avenues to lessen their sentences and/or have their prison confinement end as early as possible through halfway house or house arrest release.
- As to the former, hiring a criminal defense attorney who specializes in federal sentencings who is adept with the federal sentencing guidelines can make a significant difference in a Judge’s final determination. Putting together a strong mitigation package, completing an honest and thorough pre-sentencing interview and report, and having an attorney to argue persuasively at a hearing are all necessary steps to receive a below-guidelines sentence.
- As to the latter, even after sentencing, there are a handful of motions which a federal attorney can explore and file on your behalf to assure an early release. These motions include but are not limited to first step act compassionate release applications and 4C1.1 “zero-point offender” re-sentencings.
If you are facing a federal sentencing and need an attorney who is well-versed with the federal sentencing guidelines, or if you have already been sentenced but need an attorney to file post-conviction motions, please contact the Law Offices of Jason Goldman today to discuss your specific matter.