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When Will Inmates See Sentence Reductions Under Amendment 821 Retroactivity?
When Will Inmates See Sentence Reductions Under Amendment 821 Retroactivity?
On August 24th, 2023, the United States Sentencing Commission voted 4-3 to allow delayed retroactive application of Amendment 821 relating to criminal history calculations[1]. This means that starting on February 1st, 2024, certain federal prisoners could become eligible for reduced sentences under the amendment[1]. Amendment 821 is a big deal for many inmates, and has major implications for the criminal justice system. Here’s an overview of Amendment 821 retroactivity and what it could mean for current federal prisoners.
Contents
What Does Amendment 821 Do?
In simple terms, Amendment 821 changes how criminal history points are calculated under the US Sentencing Guidelines. Specifically, it creates a new provision that allows a 2-level decrease in the offense level for defendants who received zero criminal history points under the guidelines, and whose crime did not involve certain aggravating factors[2].
This change will primarily benefit inmates who were convicted of lower-level drug offenses or white collar crimes. For those groups, Amendment 821 retroactivity could result in reductions of months or even years off their sentences[3].
Who Is Eligible for a Reduced Sentence?
The Sentencing Commission estimates around 7,272 currently incarcerated individuals will be eligible for relief under Amendment 821 retroactivity[3]. However, the amendment does NOT apply to inmates who[3]:
- Received an adjustment for terrorism under the guidelines
- Used violence in connection with their offense
- Have certain aggravating factors present in their conviction
So in general, non-violent drug offenders and white-collar criminals with minimal criminal histories stand to benefit the most from retroactivity.
What’s the Retroactivity Timeline?
Here are some key dates for Amendment 821 retroactivity[1]:
- August 24, 2023 – Sentencing Commission votes to allow retroactivity
- November 1, 2023 – Amendment 821 goes into effect for new sentences
- February 1, 2024 – Eligible inmates can start filing motions for reduced sentences
So there is a delayed effective date for retroactivity. Inmates will have to wait until February 2024 before they can start seeing any actual sentence reductions.
What’s the Process for Getting a Reduced Sentence?
Starting on February 1, 2024, eligible inmates can file a motion with the sentencing court asking for a sentence reduction under Amendment 821[1]. The judge will then decide whether to grant the reduction or not. There are a few key things to know about the process:
- The judge has discretion whether to grant the reduction or not
- Both the inmate and the government can make arguments for or against the reduction
- If granted, the judge can decide how much to reduce the sentence by within the amended guideline range
- The court can also consider post-sentencing behavior in making its decision
So in other words, a sentence reduction is not automatic – the inmate has to file a motion, and the judge will decide case-by-case whether a reduction is appropriate and how much of a reduction to give if granted.
What Are the Pros and Cons of Retroactivity?
Allowing Amendment 821 to apply retroactively has been controversial. Here are some of the key pros and cons that have been debated:
Potential Pros
- Corrects overly harsh sentences for some inmates
- Creates more proportional punishments for low-level crimes
- Saves taxpayer money by reducing incarceration costs
- Increases fairness in the justice system
Potential Cons
- Undermines the finality of sentences
- Rewards criminals who don’t deserve early release
- Causes logistical challenges for courts and prisons
- Could threaten public safety in some cases
Ultimately there are good-faith arguments on both sides. The Commission had to balance these considerations carefully before approving retroactivity.
What Comes Next?
In the coming months, the Sentencing Commission will likely issue guidance to federal courts about how Amendment 821 retroactivity should be implemented. It will be important for judges and prosecutors to understand the eligibility criteria and process for handling sentence reduction motions. Prison officials also need to prepare for the possibility of earlier-than-expected releases for some inmates.
It will also be interesting to see how many inmates actually end up getting reduced sentences starting in February 2024. Some advocates are concerned that the courts may be hesitant to grant too many reductions, despite inmates’ eligibility. But only time will tell how big of an impact Amendment 821 retroactivity ends up having in practice.
The bottom line is that we are now on a path to undo some of the harshest sentences from the “tough on crime” era. For thousands of inmates, Amendment 821 could mean finally getting a second chance after years or even decades in prison. Going forward, it will be crucial that these sentence reductions are implemented responsibly and safely. But overall, retroactivity represents an important step towards a more humane and proportional criminal justice system.