My husband is in Federal Prison, he is on his way to a camp and has 8 years left of his sentence. My husband has no bad behavor issues, I would like to know if he should apply for a Parole Release (not sure if I'm saying the term correctly) or for an early release and what are the quidelines?
Federal Crime Lawyer
The Sentencing Reform Act of 1984 abolished parole in the federal penal system; however, 18 USC Section 3624(b) provides each inmate with a sentence reduction of 54 days per year, earned immediately after his or her successful completion of each year, in addition to the time that the inmate has already served. This reduction is familiarly known as "good conduct credits" or "good conduct time." The primary requirement is, of course, "exemplary conduct" by the inmate. Although a 54 day annual reduction seems to result in the service of approximately 85% of an inmate's sentence, the Federal Bureau of Prisons' interpretation of "official detention" and the pro-rating of any partial years of service results in an inmate's serving approximately 87% of his or her sentence before his or her release into community confinement, which may be up to 1 year (although such normally does not exceed 6 months), depending upon each inmate's need for assistance in re-adjusting into society from prison. Additionally, your husband may meet the requirements to be eligible for the Residential Drug Abuse Program, which under certain circumstances, if successfully completed, may reduce his sentence by 12 months in addition to the foregoing reductions.
Joshua Sabert Lowther, Esq.
NATIONAL FEDERAL DEFENSE GROUP
Criminal Defense Attorney
Are you saying that your husband is being transferred to a camp from another federal institution, or that your husband is going to prison and has been assigned to a camp? There are differences in the two situations.
As soon as he gets to the camp, he will meet with his case management team, and discuss with them their plan for him. With 8 years remaining on a sentence, it is too early for him to discuss release issues. There are a number of variables that would dictate his eligibility for any community corrections programs, but given the state of his sentence, he does not appear to be eligible for any of them. There is no "early" release from federal prison. Similarly, there is no "parole", unless your husband was sentenced before 1984.
There are many family support groups that can help you with questions you may have. FAMM, while primarily focusing on mandatory minimum issues, provides a great deal of support for all prisoner families.
Federal Crime Lawyer
There is no longer parole in the federal system. He will be eligible for 54 days a year of good time credit and will be able to finish the last 6 months or so of his sentence in a halfway house.
This answer is provided for educational purposes only and is not intended as the practice of law in any jurisdiction in which I am not licensed. The answer does not constitute legal advice nor does it create an attorney-client relationship. The answer is based only on the information provided, and may be inaccurate in the context of additional facts that have not been provided. The questioner should be aware that I am only licensed to practice law in the state and federal courts of Minnesota. Accordingly, before taking any action or refraining from taking any action, the questioner should consult with an attorney licensed to practice in his or her jurisdiction.