What Happens When Inmates Are Resentenced Under Amendment 821 Retroactivity?

On August 24, 2023, the U.S. Sentencing Commission voted to allow delayed retroactive application of Amendment 821, which could lead to reduced sentences for some federal inmates starting on February 1, 2024. This is a big deal that will impact thousands of people in prison. But what does it all mean? Let’s break it down.

What is Amendment 821?

Amendment 821 is a change made by the Sentencing Commission to the sentencing guidelines around how criminal history is calculated. It makes two main adjustments:

• Part A reduces “status points” that are added when someone is under court supervision like probation or parole when they commit a new offense.
• Part B changes how multiple prior sentences are counted if they were imposed on the same day.

The overall impact is to reduce sentences for folks whose criminal history score was increased due to these policies. Supporters say it helps address overly harsh historical practices that disproportionately impact communities of color.

What does retroactivity mean?

Normally when the Commission changes the guidelines, it applies only to future cases. Retroactivity means going back and reconsidering sentences for people already in prison. The Commission has the authority to make amendments retroactive if it wants to.

For Amendment 821, the Commission voted to delay retroactivity until February 2024. This means people in prison now can file motions to get their sentences reduced under the new rules starting next year.

How many people could this impact?

The Commission estimates around 11,500 federal inmates will see lower guideline ranges under Amendment 821 retroactivity. Even more could potentially get reduced sentences, because judges have discretion to go below the range.

Not everyone will qualify though. You have to meet certain criteria, like having status points or a multicount conviction that affected your criminal history score. Your offense and original sentence matter too. But overall, thousands stand to benefit.

What’s the process for retroactive resentencing?

For federal prisoners to get resentenced under Amendment 821, these steps must happen:

1. You have to file a motion with the court that originally sentenced you, asking for a reduced sentence under the retroactivity provision.
2. The probation office will do an investigation and revise your guideline range under the new rules.
3. The judge will hold a hearing to consider your motion and decide whether to reduce your sentence.
4. If the judge grants a reduction, they determine your new sentence based on factors like your conduct in prison, public safety, etc.

This process takes time, so even though retroactivity was announced in August 2023, inmates likely won’t see results until 2024 or beyond. The delay is to allow courts time to handle resentencing motions.

What about people who already served their time?

Unfortunately Amendment 821 is not retroactive for people who already completed their sentence. It only applies to those still in prison. This upsets advocates who say it’s unfair to leave people out who already served an overly harsh sentence. But the Commission can only reduce sentences for those currently incarcerated.

Does resentencing mean you get released immediately?

Not necessarily. Judges have discretion when resentencing, so they could give you a reduced sentence but not all the way down to time served. Some factors they consider are your behavior in prison, risk to public safety, the views of victims, your reentry plan, and more. Each case is unique.

That said, many inmates will see big reductions that result in immediate or near-immediate release. The Commission estimates about 7,000 could be eligible for early release within 18 months after retroactivity takes effect. So for a lot of people, this will mean finally going home.

What should you do if you’re in prison and think you qualify?

If you’re in federal prison and think Amendment 821 could lower your guideline range, you should:

• Review your original presentence report and sentencing documents to see if status points or multicount convictions impacted your criminal history score.
• Check the eligibility criteria closely and calculate what your new range could be.
• Start collecting evidence showing your rehabilitation and preparation for reentry.
• Reach out to your former defense attorney, or find a new lawyer experienced with retroactive motions.
• File a sentence reduction motion as soon as you can in February 2024 or after.

This is an involved process, so start preparing now. The court can also appoint a federal public defender if you can’t afford a lawyer.

What are some of the debates around Amendment 821 retroactivity?

Like any big policy change, there are a range of opinions on the pros and cons:

Arguments in Support

• It creates a fairer system by reducing overly harsh sentences.
• Retroactivity helps correct historical injustices and racial disparities.
• Releasing prisoners who served long sentences can save taxpayer money.
• Many inmates have rehabilitated and deserve second chances.

Arguments Against

• It could let dangerous offenders out before they serve adequate time.
• Victims and communities weren’t able to give input on releases.
• Some worry it diminishes the seriousness of criminal offenses.
• It creates extra work and costs for courts and probation offices.

There are reasonable points on both sides. Each resentencing case requires weighing these factors carefully.

What should you know if your loved one may qualify?

If someone you love is in federal prison and may be eligible for retroactive relief under Amendment 821:

• Help them get legal advice and start collecting records, evidence of rehabilitation, letters of support, and other materials needed for their motion.
• Make sure they meet filing deadlines and understand the process.
• Help create a strong reentry plan accounting for their needs and risks upon release.
• Be actively involved by attending hearings, submitting letters, etc. to show release has family support.
• Connect them to resources and community programs that can help with the transition.

Having a support network is key during the uncertain resentencing and reentry process. Be patient but keep hoping—this could finally be their chance to come home.

The Bottom Line

Amendment 821 retroactivity offers hope and justice for thousands of federal inmates serving lengthy sentences under outdated policies. But securing an actual reduced sentence requires navigating a complex process filled with uncertainty.

Anyone who may qualify should act fast to file motions and get prepared. Talk to prison counselors, find legal help, compile evidence, and make a plan. For family members, provide support and connect your loved one to transitional resources.

This historic chance for resentencing is just starting, and it will impact many lives. While debates continue on the policy, those who may benefit now wait anxiously and prepare for the possibility of a second chance.