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Old 01-17-2012, 07:03 PM
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Default "One shot bill" - Fed Prison Budget Reduction Bill 2012


can someone tell me what this will do if passed. i dont understand the way they word things.

THE FEDERAL PRISON BUDGET REDUCTION ACT OF 2012:
THE "ONE-SHOT" BILL
Overview
This bill would produce several billion dollars in federal prison budget savings by
providing to federal prisoners a "single shot" parole opportunity linked to successful
rehabilitation and skill development under the Second Chance Act of 2007.
The FY 2011 federal budget provided $6.8 billion for U.S. Bureau of Prisons (BoP)
operations, the vast bulk of which went to activate new prisons and to increase
correctional staff. That budget also allocated $1.5 billion for the BoP to house
federal prisoners and detainees in other facilities. With over 220,000 inmates, the
BoP is the largest prison system in the country. At a time when most states are
pursuing sentencing reforms and scaling back prison construction, the federal
prison system is aggressively expanding.
This bill provides a path towards reduction of a bloated federal prison budget
while enhancing individual responsibility. It creates a strong incentive for
rehabilitation and skill development because it links a "single shot" at parole to
success in those efforts. And it helps relieve what is uniformly regarded as the
overly harsh human consequences of the sentencing policies of the past three
decades. The U.S. has the highest incarceration rate in the world. Well over two
million people are incarcerated in this country. Two-thirds are black or
Hispanic. Women are the fastest-growing segment. There are nearly two million
children with a parent in prison, and the chances one of them will end up in
prison is 600% higher than average, thus completing the cycle of poverty.
In its proposed FY 2012 budget, the Obama Administration proposes a
technical correction to the existing 15% federal sentence good-time credit that
is estimated to produce $40 million in savings. This proposal goes one step
further, but would produce vastly greater savings. Moreover, the groundwork
for limited prisoner release has been laid by the re-entry provisions of the
Second Chance Act of 2007, which is already implemented within the BoP. The
time has come to use these re-entry procedures to save billions in wasted
taxpayer dollars and to reclaim human costs beyond measure.
Sectional Analyses
Section 1. Restoration of Federal Parole Opportunity.
This section restores parole opportunity for federal prisoners. In 1984, the
Sentencing Reform Act removed parole for those convicted of an offense
occurring after November 1, 1987. Such prisoners now serve their entire
sentence, less only 15% good-time credit. However, because parole remained
available for those prisoners convicted of a pre-1987 offense, the U.S. Parole
Commission needed to remain in existence. Therefore, the parole statutes have
been kept intact since 1987 by repeated postponement of the effective date of
their repeal.
This section rescinds the "delayed repeal" of the parole statutes, thus reconstituting
1
them for all federal prisoners regardless of the date of o
ffense. It removes the bar to
parole in the mandatory minimum drug laws and makes conforming amendments to
sentence administration authorities to delete mandatory full-term incarceration.
Section 2. Limitation on Parole Availability.
This section limits the availability of parole by amending the definition of those
eligible for it to exclude anyone who has already had parole revoked in the past. In
other words, a paroled prisoner who violates his parole for any reason must serve the
remainder of the original sentence without the possibility of further relief (in that or
any future sentence). The definitional change also makes clear that this single parole
opportunity is available to all prisoners currently incarcerated in the federal system.
Finally, the section would allow imposition of a life sentence without the possibility of
parole.
Under this section, a prisoner gets one shot at parole, and one shot only. The
responsibility to maintain continuing lawful conduct is placed squarely where it
belongs - on the individual.
Section 3. Enhancement of Parole Criteria
This section makes successful completion of assigned rehabilitation and skill
development programs the primary criterion for a grant of parole. The Second
Chance Act of 2007 reflects Congress' view that recidivism is best avoided by
successful re-entry, and that rehabilitation and skill development are the keys to
successful re-entry. A parole opportunity is a powerful incentive for a prisoner
to successfully complete assigned programming.
Section 4. Consolidation of Existing Bureau Rehabilitation and
Skill Development Authorities and Practices.
This section consolidates existing statutory authorities for BoP substance abuse and
sex o
ffender rehabilitation programs. It deletes the authority to grant a one-year
sentence reduction for completion of substance abuse programming as it is no longer
needed with partial restoration of parole. It enacts parallel authority for BoP mental
health programs; such residential mental health programs are already in place in
many BoP facilities.
This section also consolidates existing GED and literacy program authorities, and
enacts authority for vocational education programs (also already in place in many BoP
facilities) tied to national vocational education standards under the Carl D. Perkins
Career and Technical Education Act of 2006.
Maintaining all rehabilitation and skill development authorities in a single statute
helps to ensure clear oversight and uniform standards, both within the BoP and
across federal agencies. Bureau consultation with those o
ffices with primary
responsibility for each subject area helps to ensure use of best practices in BoP
programming.
Finally, this section directly connects BoP rehabilitation and skill development
programming to the extensive re-entry structures created by the Second Chance Act
of 2007.
Section 5. Conforming Amendments.

2
This section makes conforming amendments to accompany the consolidation of
authorities in Section 4 of the bill.
3
THE FEDERAL PRISON BUDGET REDUCTION ACT OF 2012
Sec. 1. Restoration of Federal Parole Opportunity.
(a)
Section 3621 of title 18 is amended at subsection (a) by inserting a period after
the phrase "Bureau of Prisons" and by deleting the remainder of the sentence.

(b)
Section 3624 of title 18 is amended by inserting after the phrase "subsection (b)"
the phrase "or until paroled by an order of the U.S. Parole Commission under
Chapter 311 of this title."

(c)
Sections 218(a)(5) and 235(b)(1)(A) of Public Law 98-473, as amended, are
repealed and former chapter 311 of title 18 is reconstituted in its entirety.

(d)
Section 841 of title 21 is amended by

(1)
deleting in subparagraphs (b)(1)(A) and (B) the last sentences thereof, and

(2)
deleting in subparagraph (b)(1)(C) the phrase "nor shall a person so
sentenced be eligible for parole during the term of such a sentence."

Sec. 2. Limitation on Parole Availability.
(a)
Section 4201 of title 18, as reconstituted above, is amended at subsection (4) to
read as follows:
"(4) 'Eligible prisoner' means any individual who is incarcerated in an institution
under the jurisdiction of the Bureau of Prisons or any other individual, as
designated by the Director, who has been charged with or convicted of an
o
ffense against the United States. Such term shall not include any prisoner whose
parole has been previously revoked under section 4214(d)(5) of this title, or who
is 'otherwise ineligible for parole."

(b)
Section 4205 of title 18, as reconstituted above, is amended by inserting after
the phrase "life sentence" the phrase "(other than a life sentence imposed by the
court without the possibility of parole)."

Sec. 3. Enhancement of Parole Criteria.
Section 4206 of title 18, as reconstituted above, is amended in subsection (a) by
(a)
deleting the phrase "If an eligible prisoner has substantially observed the rules of
the institution or institutions to which he has been confined, and", and inserting in
lieu thereof a new paragraph (a)(3) as follows:
"(3) that an eligible prisoner has observed the formal rules of the institution or
institutions to which he has been confined," and (b) inserting a new paragraph (a)
(4) as follows:
"(4) that an eligible prisoner has demonstrated successful rehabilitation and skill
development consistent with the requirements of section 3621a of this title. This
finding shall be a primary criterion for a grant of parole under this chapter."

4
Sec. 4.
Consolidation of Existing Bureau Rehabilitation and Skill Development
Authorities and Practices.
A new section 3621a of title 18 is enacted as follows:
"Section 3621a. Bureau of Prisons Rehabilitation and Skill Development
Programs.
(a) Subject to the availability of appropriations, the Bureau shall make available the
following rehabilitation and skill development programs:
(1) Substance Abuse Treatment.- (A) The Bureau shall make available appropriate
substance abuse treatment for each prisoner the Bureau determines has a
treatable condition of substance addiction or abuse. The Bureau shall provide
residential substance abuse (and make arrangements for aftercare) for all
prisoners so treatable with priority for such treatment accorded based on the
prisoner's proximity to release date.
(B) The term 'residential substance abuse treatment' means a course of individual
and group activities, lasting at least 6 months, in residential treatment facilities
set apart from the general population, and which may include the use of
pharmacotherapies where appropriate that may extend beyond the 6 month
period.
(2) Mental Health Treatment.- (A) The Bureau shall make available appropriate
mental health treatment for each prisoner the Bureau determines has a
significant mental illness or psycho-emotional impairment as determined by a
licensed mental health care provider. The Bureau shall provide residential
mental health treatment (and make arrangements for aftercare) for all
prisoners so treatable, with priority for such treatment accorded based on the
prisoner's proximity to release date.
(B) The term "residential mental health treatment' means a course of individual
and group psychotherapeutic activities, lasting at least 6 months, in residential
treatment facilities set apart from the general prison population, that is intended
to ameliorate the prisoner's mental illness or impairment by development of
cognitive and behavioral skills, use of accepted psychotherapeutic techniques,
and including use of pharmacotherapies where appropriate which may extend
beyond the 6 month period.
(3)Sex O
ffender Management.- (A) The Bureau shall make available appropriate
treatment to sex o
ffenders who are in need of and suitable for treatment.

(i)
The Bureau shall establish non-residential sex offender management
programs to provide appropriate treatment, monitoring and
supervision of sex o
ffenders and to provide aftercare during prerelease
custody;

(ii)
The Bureau shall establish residential sex offender treatment
programs to provide treatment to sex o
ffenders who volunteer for
such programs and are deemed by the Bureau to be in need of and
suitable for residential treatment.

(B)
At least one such non-residential management program and at least one
such residential treatment program shall be established within the Bureau of
Prisons.

(C)
There are authorized to be appropriated to the Bureau of Prisons such sums
as may be necessary to carry out this paragraph.

5
(4) General Educational Development and Mandatory Literacy Programs.
(A) The Bureau shall have in e
ffect an Optional General Educational Development
program for inmates who have not earned a high school diploma or its
equivalent.
(B) The Bureau shall make available a mandatory functional literacy program for
all mentally capable inmates who are not functionally literate. Each program
shall require that each inmate participates in the program for a mandatory
period su
fficient to provide the inmate with an adequate opportunity to achieve
functional literacy, and appropriate incentives leading to successful completion
of such programs shall be developed and implemented. As used in this
paragraph, the term 'functional literacy' means

(i)
an eighth grade equivalence in reading and mathematics on a nationally
recognized standardized test;

(ii)
functional competency or literacy on a nationally recognized criterionreferenced
test; or

(iii)
a combination of (i) and (ii) above.
(C) Non-English speaking inmates shall be required to participate in an English-
As-A-Second Language program until they function at the equivalence of the
eighth grade on a nationally recognized educational achievement test.
(D) The Chief Executive Office of each institution shall have authority to grant
waivers from the above educational requirements for good cause as determined
and documented on an individual bases.
(5) Vocational Training.- (A) The Bureau shall make available appropriate
vocational training for each prisoner the Bureau determines to be deficient in
basic employment skills.
(B) The term 'vocational training' means career and technical educational
activities as defined in section 2302 of title 20 (the Carl D. Perkins Career and
Technical Education Act of 2006).
(6) Other Rehabilitation and Skill Development Programs. The Bureau may
make available other rehabilitation and skill development programs,
including Residential Re-entry programs consistent with the Second Chance
Act of 2007, designed to build prisoner and family/community ties to
facilitate re-entry.
(b) Interagency Consultation.
(1) The Bureau shall consult with the Substance Abuse and Mental Health
Services Administration of the Department of Health and Human Services
concerning substance abuse and mental health treatment and related
services, and the incorporation of applicable components of existing
comprehensive approaches, including relapse prevention and aftercare
services. As used in this section, the term 'aftercare' means placement,
case management and monitoring of the participant in a community-based
substance abuse or mental health treatment program when the participant
leaves the custody of the Bureau of Prisons.

(2)
The Bureau shall consult with the Interdepartmental Task Force on
Vocational Education and Related Programs under section 2308 of title 20
with respect to the objectives, definitions, measures and standards for the
vocational training under subsection (a)(5) above.

(3)
The Bureau shall consult with the National Institute of Literacy under
section 9252 of title 20 (the Adult Education and Family Literacy Act of 1996)

6
with respect to effective practices in literacy and basic skills instruction,
including phonemic awareness, systematic phonics, fluency and reading
comprehension, and the integration of literacy and basic skills instruction
with occupational skills training.
(c) The Bureau shall assign prisoners to rehabilitation and skill development
programs based on the skill development plan required to be produced for each
inmate under section 17541(a)(1)(B) of title 42 (The Second Chance Act of 2007), Pre-
Sentence Reports and any other documentation, information, testing or evaluation as
appropriate.
(d) Reporting.- As part of its annual report on re-entry preparation required under
section 17541(d)(2)(D) of title 42 (the Second Chance Act of 2007), the Bureau shall
provide
(1)
a detailed quantitative and qualitative description of each rehabilitation and
skill development program operated by the Bureau, and

(2)
a full explanation of how eligibility for such programs is determined, with
complete information on what proportion of prisoners are identified for inclusion
in such programs.
(e) Primary Criterion for Parole. Where a prisoner has been designated by the Bureau
for participation in a rehabilitation or skill development program pursuant to this
section, that prisoner's successful completion of such program, as determined by the
Bureau, shall be a primary criterion for a grant of parole under chapter 311 of this
title."

Sec. 5. Conforming Amendments.
(a) Section 3621 of title 18 is amended by
(1)
deleting subsections (e) and (f) in their entirety, and

(2)
redesignating subsection (g) as subsection (c)(7) of section 3624 of title 18.
(b) Section 3624 of title 18 is amended by deleting subsections (b)(3) and
(4), and
subsection (f), in their entirety.

7
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Old 01-17-2012, 07:37 PM
jacksonbko jacksonbko is offline
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Hmmm there isn't much out there about this. How did you stumble on this?
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Old 01-17-2012, 07:44 PM
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my husband called and told me to look. just googled it and this is what i found.
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Old 01-17-2012, 08:04 PM
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The way I took it when I read it is, that they are trying to reinstate Parole cause it hasn't even been deactivated, but you get a one shot chance an you have to complete one of the programs above if you qualify, that was what I got out of it, I am not sure if that is right or not...I don't know what the sentence minimum is either so is everyone illegible for this, or is it nonviolent offenders is my guess????
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Old 01-17-2012, 08:41 PM
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heres the site where i got it

http://proxy.baremetal.com/november....ductionAct.pdf
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Old 01-17-2012, 11:59 PM
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There is no such bill introduced in Congress with this title. Baremetal.com is a web-hosting business. There is no identifying information about who posted this on this site.

Last edited by Zelda50; 01-18-2012 at 12:01 AM..
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Old 01-18-2012, 12:31 AM
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i seen that also. but i thought maybe that is who november.org has as there web domain.(after the baremetal part it has november.org,) i went directly to the nov site and still didnt see anything on the bill. thats why i asked.
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Old 01-19-2012, 04:23 PM
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That would be great if this were true, but I didn't find anything else on it. I wrote the white house to encourage something like this be introduced. It can't hurt, right?
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Old 01-19-2012, 07:04 PM
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Mike1010: You might get better results if you contacted your Congressman or Senator and asked him/her to introduce it and find co-sponsors.
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Old 02-17-2012, 11:13 AM
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Does anyone know how to get an application for this????
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Old 02-24-2012, 06:48 AM
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IF YOU TELL THE WHITE, MIDDLE AGED MEN WHO WILL BE RESPONSIBLE FOR PASS O NO PASS OF BILL THAT A BUNCH OF BLACK MEN Y HISPANIC MEN ARE IN FEDERAL PRISONS LAYING AROUND , WATCHING TV, AND WORKING OUT TO LIVE LONG HEALTHY LIVES. AND, THIS IS WHAT THEY DO ALL DAY EVERYDAY IN FEDERAL PRISONS, INSTEAD OF CONTRIBUTING TO THE ECONOMY Y MAKING IT POSSIBLE FOR THEM ( Politicians )TO CONTINUE ROBBING US ALL BLIND. then boom it will be passed!
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