Managing Expectations: The Likely Timeline for Amendment 821 Retroactive Sentence Reductions

Managing Expectations: The Likely Timeline for Amendment 821 Retroactive Sentence Reductions

On August 24th, 2023, the U.S. Sentencing Commission voted 4-3 to allow delayed retroactive application of Amendment 821, which makes changes to the way criminal history is calculated under federal sentencing guidelines. This is a big deal that could lead to sentence reductions for thousands of people in federal prison. But it’s important to have realistic expectations about the timeline.

Here’s a quick overview of Amendment 821: It gets rid of the rule that added “recency points” for older prior convictions. It also reduces sentences for people with zero criminal history points by 2 levels. You can read the full text of the amendment here.

So when will people actually start seeing reduced sentences? Well, the Commission said judges can start applying Amendment 821 retroactively on February 1, 2024. But it will still take time after that for motions to get filed and for courts to process everything. This article talks about the likely timeline and what to expect at each stage of the process.

The Retroactivity Decision

First, let’s recap what happened on August 24th. The Sentencing Commission voted 4-3 to allow Amendment 821 to apply retroactively. This means people who were already sentenced under the old rules can potentially get their sentences reduced under the new amendment. The commission estimates around 11,500 people could see lower guideline ranges, with average reductions of 14 months.

This was a really close vote – the measure barely passed by a single vote. The retroactivity decision came as a surprise to many people. It shows the Sentencing Commission is taking a more nuanced look at sentencing data and trying to undo some of the extremely harsh sentences from the 1980s and 90s.

The commission said judges can start applying Amendment 821 retroactively on February 1, 2024. They said the three-month delay will give courts time to review cases individually and make sure people can participate in reentry programs before release. More on the logistics of how this will work later.

Effective Date of November 1, 2023

While retroactivity won’t kick in until February 2024, Amendment 821 itself takes effect on November 1, 2023. This means it will apply to any new sentencings that happen after that date. So if you’re facing federal charges right now, talk to your lawyer about how Amendment 821 could impact your potential sentence.

Some key things in Amendment 821 that will apply to new sentencings starting in November:

• No more “recency points” added for older convictions
• 2 level reduction for people with zero criminal history points
• Clarifies that juvenile offenses don’t count unless they resulted in adult sentences of over 1 year
• Limits counting tribal court convictions from certain jurisdictions

Again, this will only apply to new sentencings going forward, but it’s still an important change. If you’re in the midst of a federal case, make sure your lawyer understands how Amendment 821 could potentially help you.

What Will Retroactive Application Look Like?

Okay, so Amendment 821 takes effect for new cases on November 1st. But what will it look like when retroactivity kicks in on February 1, 2024? Here’s a quick breakdown:

Inmates File Motions for Sentence Reduction

Starting on February 1, 2024, inmates who were sentenced under the old guidelines can file motions in federal court asking for sentence reductions under Amendment 821. There will likely be a flood of motions coming in all at once, so courts should prepare for a heavy workload.

Inmates will need to show how Amendment 821 specifically impacts their case. For example, getting rid of the recency points that increased their criminal history score. Or getting the 2 level reduction if they had zero history points before.

The Sentencing Commission and courts will likely put out guidance about what inmates need to include in their motions. Having a lawyer to help with this process would be very useful.

Courts Review Motions and Resentence Eligible Inmates

After inmates file their motions, courts will then review each case individually to decide if that person should get a sentence reduction under Amendment 821. Judges will look at things like the inmate’s disciplinary record in prison, their rehab efforts, risk to public safety, etc.

If the court decides the inmate is eligible, they will have a new sentencing hearing. The judge will recalculate the guideline range under Amendment 821 and can decide if a reduced sentence is appropriate. Not everyone who files a motion will necessarily get a reduction.

With thousands of motions expected, this process will likely take a long time. Courts will probably need to add staff and resources to handle the extra workload. It may take months or years to get through all the cases, so patience will be key.

Inmates Are Released Early or Sent to Home Confinement

For those inmates who do get sentence reductions, the timing of their release will vary. Some may get released immediately if their new sentence is done. Others may have more time left to serve.

The Sentencing Commission said the 3-month delay until February 2024 was to allow time for reentry planning. Inmates will need help getting job skills training, housing, and other support systems in place before release.

Some inmates may also transition early to home confinement or halfway houses. But this will depend on resources available in the communities they are returning to.

What Should You Do Now?

For anyone hoping to get a sentence reduction under Amendment 821 retroactivity, here are some steps you can take now to get ready:

• Talk to your case manager and start working on your release plan. Figure out housing, jobs, transportation, healthcare, all of it.
• Stay disciplined and don’t get any infractions. Courts will look at your behavior in prison.
• Take vocational, educational, and rehab programs. Show the court you’ve changed.
• If possible, save up some money for when you get out.
• Connect with your family and friends so you have a support system.
• Start collecting documents about your sentence, criminal history, prison record, etc.
• Write to lawyers and legal aid groups to try to get assistance with your case.

The bottom line is Amendment 821 retroactivity offers hope for many inmates and their families. But it will take time to play out. Anyone pursuing a sentence reduction will need patience and realistic expectations about the timeline. But this historic policy change is definitely worth pursuing.