Made contacts in support of:
HR 5682, the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act or the FIRST STEP Act.
(Sec. 101) This bill amends the federal criminal code to direct the Department of Justice to establish a risk and needs assessment system to assess and classify the recidivism risk of prisoners; to guide housing, grouping, and program assignments; and to incentivize and reward participation in and completion of recidivism reduction programs and productive activities.
(Sec. 102) The Bureau of Prisons (BOP) must implement the risk and needs assessment system.
The bill modifies the computation of good time credit to allow a prisoner to earn a maximum of 54 days per year of the sentence imposed (instead of 54 days per year of the sentence actually served).
(Sec. 103) The Government Accountability Office must audit the use of the risk and needs assessment system at BOP facilities.
(Sec. 104) The bill authorizes funds for FY2019-FY2023 to carry out this title. Of the amount appropriated, 80% is reserved for use by the BOP to implement the risk and needs assessment system.
(Sec. 105) The bill states that it does not authorize prerelease custody for an individual serving a prison term for a state offense.
(Sec. 106) It prohibits discrimination against a program, treatment, regimen, group, company, charity, person, or entity based on the fact that it may be or is faith-based.
Lieutenant Osvaldo Albarati Correctional Officer Self-Protection Act of 2018
(Sec. 202) The bill amends the federal criminal code to require the BOP to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison.
(Sec. 301) The bill amends the federal criminal code to prohibit, subject to specified conditions, the use of restraints on federal prisoners who are pregnant or in postpartum recovery.
(Sec. 401) The bill amends the federal criminal code:
- to direct the BOP to place a prisoner in a facility that is not more than 500 driving miles away from the prisoner's primary residence, subject to bed availability and the prisoner's security designation; and
- to specify that the designation of a prison placement is not reviewable by a court.
(Sec. 402) The BOP must place low-risk prisoners on home confinement for the maximum amount of time permitted.
(Sec. 403) The bill amends the Second Chance Act of 2007 to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program.
(Sec. 404) The BOP must, as part of prerelease planning procedures, help a prisoner obtain identification, including a Social Security card, driver's license or other official photo identification, and a birth certificate.
(Sec. 405) The bill authorizes Federal Prison Industries to sell products to new markets such as the District of Columbia government and nonprofit organizations.
(Sec. 406) The BOP must incorporate specialized and comprehensive de-escalation procedures into its training programs.
(Sec. 407) The BOP must report on its capacity to treat heroin and opioid abuse through evidence-based programs, including medication-assisted treatment.
The Administrative Office of the U.S. Courts must report on the capacity of treatment-service providers to provide medication-assisted treatment for opioid and heroin abuse to prisoners serving a term of supervised release, including plans to expand access.
(Sec. 408) The BOP must establish pilot programs: (1) on youth mentorship; and (2) on service to abandoned, rescued, or vulnerable animals.
(Sec. 409) Probation and pretrial services officers must perform court-directed supervision of sex offenders conditionally released from civil commitment.
(Sec. 410) The bill expands data collection requirements regarding the National Prisoner Statistics Program.
(Sec. 411) The BOP must make tampons and sanitary napkins available free of charge.
(Sec. 412) This bill amends the Prison Rape Elimination Act of 2003 to require auditors who monitor compliance with national prison rape standards to be certified.
(Sec. 413) The bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to require at least 8% of funds for the Justice and Mental Health Collaboration Program to be used to provide technical assistance.
S 1917, the Sentencing Reform and Corrections Act. A bill to reform sentencing laws and correctional institutions, and for other purposes. The legislation permits more judicial discretion at sentencing for offenders with minimal criminal histories and helps inmates successfully reenter society, while tightening penalties for violent criminals and preserving key prosecutorial tools for law enforcement.
oThe Sentencing Reform and Corrections Act of 2017 narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening and establishing new outlets for individuals with minimal non-violent criminal histories that may trigger mandatory minimum sentences under current law.
oThe bill also reduces certain mandatory minimums and provides judges with greater discretion when determining appropriate sentences.
oUnder the bill, courts must first review eligible inmates individual cases, including criminal histories and conduct while incarcerated, before determining whether a sentence reduction is appropriate.
oImportantly, the bill preserves cooperation incentives to aid law enforcement in tracking down kingpins and stiffens penalties for individuals convicted of serious violent felonies.
oIn addition, the bill establishes recidivism reduction programs to help prepare low-risk inmates to successfully re-enter society.
oQualifying inmates may receive reductions to their sentences through time credits upon successful completion of recidivism reduction programming.
oThe bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences. Courts must first review each eligible inmates case on an individualized basis, including criminal history and conduct while incarcerated, before determining whether a sentence reduction is appropriate.
S 1994, the CORRECTIONS Act. A bill to reduce recidivism and increase public safety, and for other purposes.
oThe Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System (CORRECTIONS) Act is based on successful criminal justice reforms from states like Rhode Island and Texas that have lowered recidivism rates, reduced crime, and saved taxpayer dollars.
oRisk Assessment: The bill requires the Department of Justice to develop risk assessment tools that will assess the recidivism risk of all eligible offenders.
oReducing Prison Spending: The bill focuses limited Bureau of Prison resources on those most likely to commit future crimes and shifts lower-risk inmates to less restrictive conditions, reducing prison costs and freeing up resources for law enforcement.
oExpanded Recidivism-Reduction Programming: The bill requires the Bureau of Prisons to provide evidence-based recidivism reduction programming to all eligible offenders.
oPartnerships with Faith-Based and Community-Based Organizations: To promote efficient and effective recidivism reduction programming, the Bureau of Prisons must partner with private organizations, including non-profits, to enhance existing efforts.
oCredit toward Prerelease Custody: To incentivize inmates to reduce their risk profile, the bill allows eligible inmates who successfully complete recidivism reduction programs to earn credit toward time in pre-release custody, but excludes serious violent criminals.
oImproving Prisoner Reentry: The bill requires the federal probation office to begin planning for eligible offenders reentry at the beginning of the inmates sentence and requires the Justice Department to implement reentry pilot projects across the country.
oCorrectional Officer Self-Protection Provision: The bill requires the warden of every federal prison facility to provide a secure storage facility for guards to secure firearms.
oNational Criminal Justice Commission: The bill creates a national commission to review every aspect of the nations criminal justice system, which was last done in 1965.
Also made contacts in support of:
S. 3649, First Step Act. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. This bill amends various provisions of law and sets forth new provisions:
* to require the Department of Justice to establish and the Bureau of Prisons (BOP) to implement a risk and needs assessment system;
* to modify the computation of good time credit;
* to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison;
* to limit the use of restraints on federal prisoners who are pregnant or in postpartum recovery;
* to reduce mandatory minimum prison terms for certain nonviolent repeat drug offenses;
* to broaden the existing safety valve to permit a sentence below the mandatory minimum for certain nonviolent, cooperative drug offenders with a limited criminal history;
* to make the Fair Sentencing Act of 2010 retroactive;
* to require prisoners to be placed within 500 miles of their primary residence;
* to require low-risk prisoners to be placed on home confinement for the maximum amount of time permitted;
* to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program;
* to require the BOP to help prisoners obtain identification documents prior to release, to incorporate de-escalation procedures into training programs, and to make tampons and sanitary napkins available free of charge;
* to authorize Federal Prison Industries to sell products to additional markets;
* to require probation and pretrial services officers to perform court-directed supervision of sex offenders conditionally released from civil commitment;
* to require the BOP to establish pilot programs on youth mentorship and service to abandoned, rescued, or vulnerable animals; and
* to limit juvenile solitary confinement.
S. 3747, First Step Act of 2018. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes.
S. 756, First Step Act of 2018. Became Public Law No: 115-391 on December 21, 2019.
Duration: June 12, 2015
to
December 31, 2018
General Issues: Law Enforcement/Crime/Criminal Justice
Spending: about $270,000 (But it's complicated. Here's why.)
It can be tricky to figure out how much an organization spent on a particular lobbying engagement. The law only requires lobbyists to report the amount they were paid for federal lobbying each quarter rounded to the nearest $10,000—and if it's less than $3,000 in a given quarter (or less than $13,000 for organizations with in-house lobbyists), they don't have to disclose it at all. Plus, some organizations include spending that doesn’t belong in the report—for instance, money spent lobbying state governments or other legal work.
Agencies lobbied since 2015: U.S. Senate, House of Representatives, Executive Office of the President (EOP)
Lobbyists
Lobbyists named here were listed on a filing related to this lobbying engagement. They may not be working on it now. Occasionally, a single lobbyist whose name is spelled two different ways on filings may be represented twice here.
Lobbyist
Covered positions?
Greg Mitchell Chief of Staff, Congressman James E. Rogan (CA)
Disclosures Filed
Once a lobbying engagement begins, the lobbyist or firm is required to file updates four times a year. Those updates sometimes change which lobbyists are involved or add new issues being discussed. When lobbyists stop working for a client, the firm is also supposed to file a report disclosing the end of the relationship.
4th Quarter, 2018
The Mitchell Firm, Inc. terminated an engagement in which they represented U.S. Justice Action Network (Formerly Justice Consensus Action Network) on Jan. 22, 2019.
Original Filing: 301017735.xml
Lobbying Issues
Made contacts in support of:
HR 5682, the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act or the FIRST STEP Act.
(Sec. 101) This bill amends the federal criminal code to direct the Department of Justice to establish a risk and needs assessment system to assess and classify the recidivism risk of prisoners; to guide housing, grouping, and program assignments; and to incentivize and reward participation in and completion of recidivism reduction programs and productive activities.
(Sec. 102) The Bureau of Prisons (BOP) must implement the risk and needs assessment system.
The bill modifies the computation of good time credit to allow a prisoner to earn a maximum of 54 days per year of the sentence imposed (instead of 54 days per year of the sentence actually served).
(Sec. 103) The Government Accountability Office must audit the use of the risk and needs assessment system at BOP facilities.
(Sec. 104) The bill authorizes funds for FY2019-FY2023 to carry out this title. Of the amount appropriated, 80% is reserved for use by the BOP to implement the risk and needs assessment system.
(Sec. 105) The bill states that it does not authorize prerelease custody for an individual serving a prison term for a state offense.
(Sec. 106) It prohibits discrimination against a program, treatment, regimen, group, company, charity, person, or entity based on the fact that it may be or is faith-based.
Lieutenant Osvaldo Albarati Correctional Officer Self-Protection Act of 2018
(Sec. 202) The bill amends the federal criminal code to require the BOP to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison.
(Sec. 301) The bill amends the federal criminal code to prohibit, subject to specified conditions, the use of restraints on federal prisoners who are pregnant or in postpartum recovery.
(Sec. 401) The bill amends the federal criminal code:
- to direct the BOP to place a prisoner in a facility that is not more than 500 driving miles away from the prisoner's primary residence, subject to bed availability and the prisoner's security designation; and
- to specify that the designation of a prison placement is not reviewable by a court.
(Sec. 402) The BOP must place low-risk prisoners on home confinement for the maximum amount of time permitted.
(Sec. 403) The bill amends the Second Chance Act of 2007 to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program.
(Sec. 404) The BOP must, as part of prerelease planning procedures, help a prisoner obtain identification, including a Social Security card, driver's license or other official photo identification, and a birth certificate.
(Sec. 405) The bill authorizes Federal Prison Industries to sell products to new markets such as the District of Columbia government and nonprofit organizations.
(Sec. 406) The BOP must incorporate specialized and comprehensive de-escalation procedures into its training programs.
(Sec. 407) The BOP must report on its capacity to treat heroin and opioid abuse through evidence-based programs, including medication-assisted treatment.
The Administrative Office of the U.S. Courts must report on the capacity of treatment-service providers to provide medication-assisted treatment for opioid and heroin abuse to prisoners serving a term of supervised release, including plans to expand access.
(Sec. 408) The BOP must establish pilot programs: (1) on youth mentorship; and (2) on service to abandoned, rescued, or vulnerable animals.
(Sec. 409) Probation and pretrial services officers must perform court-directed supervision of sex offenders conditionally released from civil commitment.
(Sec. 410) The bill expands data collection requirements regarding the National Prisoner Statistics Program.
(Sec. 411) The BOP must make tampons and sanitary napkins available free of charge.
(Sec. 412) This bill amends the Prison Rape Elimination Act of 2003 to require auditors who monitor compliance with national prison rape standards to be certified.
(Sec. 413) The bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to require at least 8% of funds for the Justice and Mental Health Collaboration Program to be used to provide technical assistance.
S 1917, the Sentencing Reform and Corrections Act. A bill to reform sentencing laws and correctional institutions, and for other purposes. The legislation permits more judicial discretion at sentencing for offenders with minimal criminal histories and helps inmates successfully reenter society, while tightening penalties for violent criminals and preserving key prosecutorial tools for law enforcement.
oThe Sentencing Reform and Corrections Act of 2017 narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening and establishing new outlets for individuals with minimal non-violent criminal histories that may trigger mandatory minimum sentences under current law.
oThe bill also reduces certain mandatory minimums and provides judges with greater discretion when determining appropriate sentences.
oUnder the bill, courts must first review eligible inmates individual cases, including criminal histories and conduct while incarcerated, before determining whether a sentence reduction is appropriate.
oImportantly, the bill preserves cooperation incentives to aid law enforcement in tracking down kingpins and stiffens penalties for individuals convicted of serious violent felonies.
oIn addition, the bill establishes recidivism reduction programs to help prepare low-risk inmates to successfully re-enter society.
oQualifying inmates may receive reductions to their sentences through time credits upon successful completion of recidivism reduction programming.
oThe bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences. Courts must first review each eligible inmates case on an individualized basis, including criminal history and conduct while incarcerated, before determining whether a sentence reduction is appropriate.
S 1994, the CORRECTIONS Act. A bill to reduce recidivism and increase public safety, and for other purposes.
oThe Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System (CORRECTIONS) Act is based on successful criminal justice reforms from states like Rhode Island and Texas that have lowered recidivism rates, reduced crime, and saved taxpayer dollars.
oRisk Assessment: The bill requires the Department of Justice to develop risk assessment tools that will assess the recidivism risk of all eligible offenders.
oReducing Prison Spending: The bill focuses limited Bureau of Prison resources on those most likely to commit future crimes and shifts lower-risk inmates to less restrictive conditions, reducing prison costs and freeing up resources for law enforcement.
oExpanded Recidivism-Reduction Programming: The bill requires the Bureau of Prisons to provide evidence-based recidivism reduction programming to all eligible offenders.
oPartnerships with Faith-Based and Community-Based Organizations: To promote efficient and effective recidivism reduction programming, the Bureau of Prisons must partner with private organizations, including non-profits, to enhance existing efforts.
oCredit toward Prerelease Custody: To incentivize inmates to reduce their risk profile, the bill allows eligible inmates who successfully complete recidivism reduction programs to earn credit toward time in pre-release custody, but excludes serious violent criminals.
oImproving Prisoner Reentry: The bill requires the federal probation office to begin planning for eligible offenders reentry at the beginning of the inmates sentence and requires the Justice Department to implement reentry pilot projects across the country.
oCorrectional Officer Self-Protection Provision: The bill requires the warden of every federal prison facility to provide a secure storage facility for guards to secure firearms.
oNational Criminal Justice Commission: The bill creates a national commission to review every aspect of the nations criminal justice system, which was last done in 1965.
Also made contacts in support of:
S. 3649, First Step Act. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. This bill amends various provisions of law and sets forth new provisions:
* to require the Department of Justice to establish and the Bureau of Prisons (BOP) to implement a risk and needs assessment system;
* to modify the computation of good time credit;
* to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison;
* to limit the use of restraints on federal prisoners who are pregnant or in postpartum recovery;
* to reduce mandatory minimum prison terms for certain nonviolent repeat drug offenses;
* to broaden the existing safety valve to permit a sentence below the mandatory minimum for certain nonviolent, cooperative drug offenders with a limited criminal history;
* to make the Fair Sentencing Act of 2010 retroactive;
* to require prisoners to be placed within 500 miles of their primary residence;
* to require low-risk prisoners to be placed on home confinement for the maximum amount of time permitted;
* to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program;
* to require the BOP to help prisoners obtain identification documents prior to release, to incorporate de-escalation procedures into training programs, and to make tampons and sanitary napkins available free of charge;
* to authorize Federal Prison Industries to sell products to additional markets;
* to require probation and pretrial services officers to perform court-directed supervision of sex offenders conditionally released from civil commitment;
* to require the BOP to establish pilot programs on youth mentorship and service to abandoned, rescued, or vulnerable animals; and
* to limit juvenile solitary confinement.
S. 3747, First Step Act of 2018. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes.
S. 756, First Step Act of 2018. Became Public Law No: 115-391 on December 21, 2019.
Agencies Lobbied
U.S. Senate
Type of Issue
Law Enforcement/Crime/Criminal Justice
3rd Quarter, 2018
In Q3, The Mitchell Firm, Inc. lobbied for U.S. Justice Action Network (Formerly Justice Consensus Action Network) , earning $30,000. The report was filed on Oct. 21, 2018.
Original Filing: 300994048.xml
Lobbying Issues
Made contacts in support of:
HR 5682, the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act or the FIRST STEP Act.
(Sec. 101) This bill amends the federal criminal code to direct the Department of Justice to establish a risk and needs assessment system to assess and classify the recidivism risk of prisoners; to guide housing, grouping, and program assignments; and to incentivize and reward participation in and completion of recidivism reduction programs and productive activities.
(Sec. 102) The Bureau of Prisons (BOP) must implement the risk and needs assessment system.
The bill modifies the computation of good time credit to allow a prisoner to earn a maximum of 54 days per year of the sentence imposed (instead of 54 days per year of the sentence actually served).
(Sec. 103) The Government Accountability Office must audit the use of the risk and needs assessment system at BOP facilities.
(Sec. 104) The bill authorizes funds for FY2019-FY2023 to carry out this title. Of the amount appropriated, 80% is reserved for use by the BOP to implement the risk and needs assessment system.
(Sec. 105) The bill states that it does not authorize prerelease custody for an individual serving a prison term for a state offense.
(Sec. 106) It prohibits discrimination against a program, treatment, regimen, group, company, charity, person, or entity based on the fact that it may be or is faith-based.
Lieutenant Osvaldo Albarati Correctional Officer Self-Protection Act of 2018
(Sec. 202) The bill amends the federal criminal code to require the BOP to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison.
(Sec. 301) The bill amends the federal criminal code to prohibit, subject to specified conditions, the use of restraints on federal prisoners who are pregnant or in postpartum recovery.
(Sec. 401) The bill amends the federal criminal code:
- to direct the BOP to place a prisoner in a facility that is not more than 500 driving miles away from the prisoner's primary residence, subject to bed availability and the prisoner's security designation; and
- to specify that the designation of a prison placement is not reviewable by a court.
(Sec. 402) The BOP must place low-risk prisoners on home confinement for the maximum amount of time permitted.
(Sec. 403) The bill amends the Second Chance Act of 2007 to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program.
(Sec. 404) The BOP must, as part of prerelease planning procedures, help a prisoner obtain identification, including a Social Security card, driver's license or other official photo identification, and a birth certificate.
(Sec. 405) The bill authorizes Federal Prison Industries to sell products to new markets such as the District of Columbia government and nonprofit organizations.
(Sec. 406) The BOP must incorporate specialized and comprehensive de-escalation procedures into its training programs.
(Sec. 407) The BOP must report on its capacity to treat heroin and opioid abuse through evidence-based programs, including medication-assisted treatment.
The Administrative Office of the U.S. Courts must report on the capacity of treatment-service providers to provide medication-assisted treatment for opioid and heroin abuse to prisoners serving a term of supervised release, including plans to expand access.
(Sec. 408) The BOP must establish pilot programs: (1) on youth mentorship; and (2) on service to abandoned, rescued, or vulnerable animals.
(Sec. 409) Probation and pretrial services officers must perform court-directed supervision of sex offenders conditionally released from civil commitment.
(Sec. 410) The bill expands data collection requirements regarding the National Prisoner Statistics Program.
(Sec. 411) The BOP must make tampons and sanitary napkins available free of charge.
(Sec. 412) This bill amends the Prison Rape Elimination Act of 2003 to require auditors who monitor compliance with national prison rape standards to be certified.
(Sec. 413) The bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to require at least 8% of funds for the Justice and Mental Health Collaboration Program to be used to provide technical assistance.
S 1917, the Sentencing Reform and Corrections Act. A bill to reform sentencing laws and correctional institutions, and for other purposes. The legislation permits more judicial discretion at sentencing for offenders with minimal criminal histories and helps inmates successfully reenter society, while tightening penalties for violent criminals and preserving key prosecutorial tools for law enforcement.
oThe Sentencing Reform and Corrections Act of 2017 narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening and establishing new outlets for individuals with minimal non-violent criminal histories that may trigger mandatory minimum sentences under current law.
oThe bill also reduces certain mandatory minimums and provides judges with greater discretion when determining appropriate sentences.
oUnder the bill, courts must first review eligible inmates individual cases, including criminal histories and conduct while incarcerated, before determining whether a sentence reduction is appropriate.
oImportantly, the bill preserves cooperation incentives to aid law enforcement in tracking down kingpins and stiffens penalties for individuals convicted of serious violent felonies.
oIn addition, the bill establishes recidivism reduction programs to help prepare low-risk inmates to successfully re-enter society.
oQualifying inmates may receive reductions to their sentences through time credits upon successful completion of recidivism reduction programming.
oThe bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences. Courts must first review each eligible inmates case on an individualized basis, including criminal history and conduct while incarcerated, before determining whether a sentence reduction is appropriate.
S 1994, the CORRECTIONS Act. A bill to reduce recidivism and increase public safety, and for other purposes.
oThe Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System (CORRECTIONS) Act is based on successful criminal justice reforms from states like Rhode Island and Texas that have lowered recidivism rates, reduced crime, and saved taxpayer dollars.
oRisk Assessment: The bill requires the Department of Justice to develop risk assessment tools that will assess the recidivism risk of all eligible offenders.
oReducing Prison Spending: The bill focuses limited Bureau of Prison resources on those most likely to commit future crimes and shifts lower-risk inmates to less restrictive conditions, reducing prison costs and freeing up resources for law enforcement.
oExpanded Recidivism-Reduction Programming: The bill requires the Bureau of Prisons to provide evidence-based recidivism reduction programming to all eligible offenders.
oPartnerships with Faith-Based and Community-Based Organizations: To promote efficient and effective recidivism reduction programming, the Bureau of Prisons must partner with private organizations, including non-profits, to enhance existing efforts.
oCredit toward Prerelease Custody: To incentivize inmates to reduce their risk profile, the bill allows eligible inmates who successfully complete recidivism reduction programs to earn credit toward time in pre-release custody, but excludes serious violent criminals.
oImproving Prisoner Reentry: The bill requires the federal probation office to begin planning for eligible offenders reentry at the beginning of the inmates sentence and requires the Justice Department to implement reentry pilot projects across the country.
oCorrectional Officer Self-Protection Provision: The bill requires the warden of every federal prison facility to provide a secure storage facility for guards to secure firearms.
oNational Criminal Justice Commission: The bill creates a national commission to review every aspect of the nations criminal justice system, which was last done in 1965.
Also made contacts in support of:
Second Chance Reauthorization Act: this legislation builds on the success of the original Second Chance Act, which Congress passed with strong bipartisan support and President George W. Bush signed it into law in 2008. Re-entry services have been improved, which has resulted in a reduction in recidivism and helped ensure a successful return to society for prisoners who have completed their sentence. More than 100,000 men, women, and youth returning home from prisons, jails, and juvenile facilities have benefited from Second Chance grants providing career training, mentoring, family-based substance abuse treatment, and other evidence-based reentry programs.
The bill revises and reauthorizes grant programs for offender reentry demonstration projects; family-based substance abuse treatment; and evaluating and improving educational methods at prisons, jails, and juvenile facilities.
Additionally, the legislation renames, revises, and reauthorizes grant programs for technology career training demonstration projects and reentry mentoring services; reauthorizes offender reentry research and the grant program for offender reentry substance abuse and criminal justice collaboration; and reauthorizes and modify eligibility for an elderly offender early release pilot program.
Finally, it amends the federal criminal code to establish partnerships between prisons and faith- or community-based nonprofit organizations to conduct activities to reduce recidivism.
Fair Chance Hiring: the Fair Chance Act passed out of the Senate Homeland Security Committee in May 2017, the second year that it has moved through the committee process. Similar legislation has been introduced in the House.
The bill would prohibit federal agencies and contractors from requesting that applicants for employment disclose their criminal history before receiving a conditional offer.
This prohibition would not apply to positions where disclosure of a criminal history is required by law or positions with law enforcement or national security duties and other positions that require access to classified info.
Women in Prison: The Dignity Act makes important reforms to improve the current treatment of incarcerated women in federal prisons, by focusing on their specific needs.
In addition to banning the shackling of pregnant women (as does the Redemption Act), the bill provides certain feminine hygiene and health care products for free.
Further, it allows for consideration of the location of children when making placement decisions; provides greater visitation rights for incarcerated women in an effort to keep families together; increases parenting classes and gender-specific programming in our federal prisons; allows parents to enroll in drug abuse programs provided by prison facilities; and requires BOP to provide trauma-informed training for correctional officers working with women.
Agencies Lobbied
U.S. Senate
Type of Issue
Law Enforcement/Crime/Criminal Justice
2nd Quarter, 2018
In Q2, The Mitchell Firm, Inc. lobbied for U.S. Justice Action Network (Formerly Justice Consensus Action Network) , earning $30,000. The report was filed on July 20, 2018.
Original Filing: 300978662.xml
Lobbying Issues
Made contacts in support of:
HR 5682, the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act or the FIRST STEP Act.
(Sec. 101) This bill amends the federal criminal code to direct the Department of Justice to establish a risk and needs assessment system to assess and classify the recidivism risk of prisoners; to guide housing, grouping, and program assignments; and to incentivize and reward participation in and completion of recidivism reduction programs and productive activities.
(Sec. 102) The Bureau of Prisons (BOP) must implement the risk and needs assessment system.
The bill modifies the computation of good time credit to allow a prisoner to earn a maximum of 54 days per year of the sentence imposed (instead of 54 days per year of the sentence actually served).
(Sec. 103) The Government Accountability Office must audit the use of the risk and needs assessment system at BOP facilities.
(Sec. 104) The bill authorizes funds for FY2019-FY2023 to carry out this title. Of the amount appropriated, 80% is reserved for use by the BOP to implement the risk and needs assessment system.
(Sec. 105) The bill states that it does not authorize prerelease custody for an individual serving a prison term for a state offense.
(Sec. 106) It prohibits discrimination against a program, treatment, regimen, group, company, charity, person, or entity based on the fact that it may be or is faith-based.
Lieutenant Osvaldo Albarati Correctional Officer Self-Protection Act of 2018
(Sec. 202) The bill amends the federal criminal code to require the BOP to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison.
(Sec. 301) The bill amends the federal criminal code to prohibit, subject to specified conditions, the use of restraints on federal prisoners who are pregnant or in postpartum recovery.
(Sec. 401) The bill amends the federal criminal code:
- to direct the BOP to place a prisoner in a facility that is not more than 500 driving miles away from the prisoner's primary residence, subject to bed availability and the prisoner's security designation; and
- to specify that the designation of a prison placement is not reviewable by a court.
(Sec. 402) The BOP must place low-risk prisoners on home confinement for the maximum amount of time permitted.
(Sec. 403) The bill amends the Second Chance Act of 2007 to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program.
(Sec. 404) The BOP must, as part of prerelease planning procedures, help a prisoner obtain identification, including a Social Security card, driver's license or other official photo identification, and a birth certificate.
(Sec. 405) The bill authorizes Federal Prison Industries to sell products to new markets such as the District of Columbia government and nonprofit organizations.
(Sec. 406) The BOP must incorporate specialized and comprehensive de-escalation procedures into its training programs.
(Sec. 407) The BOP must report on its capacity to treat heroin and opioid abuse through evidence-based programs, including medication-assisted treatment.
The Administrative Office of the U.S. Courts must report on the capacity of treatment-service providers to provide medication-assisted treatment for opioid and heroin abuse to prisoners serving a term of supervised release, including plans to expand access.
(Sec. 408) The BOP must establish pilot programs: (1) on youth mentorship; and (2) on service to abandoned, rescued, or vulnerable animals.
(Sec. 409) Probation and pretrial services officers must perform court-directed supervision of sex offenders conditionally released from civil commitment.
(Sec. 410) The bill expands data collection requirements regarding the National Prisoner Statistics Program.
(Sec. 411) The BOP must make tampons and sanitary napkins available free of charge.
(Sec. 412) This bill amends the Prison Rape Elimination Act of 2003 to require auditors who monitor compliance with national prison rape standards to be certified.
(Sec. 413) The bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to require at least 8% of funds for the Justice and Mental Health Collaboration Program to be used to provide technical assistance.
HR 3356, the Prison Reform and Redemption Act. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes.
oThe Redemption Act would establish a post-sentencing risk- and needs-assessment system in federal prisons. Under this system, prisoners would be able to participate in individualized, evidence-based programs to reduce their risk of reoffending.
oThe bill would enable the Bureau of Prisons to incentivize prisoners to participate in recidivism-reduction activities by allowing them to serve the final days of their sentences in halfway houses or home confinement. The bill would provide for a transition back into their communities following their time of federal incarceration.
S 1917, the Sentencing Reform and Corrections Act. A bill to reform sentencing laws and correctional institutions, and for other purposes. The legislation permits more judicial discretion at sentencing for offenders with minimal criminal histories and helps inmates successfully reenter society, while tightening penalties for violent criminals and preserving key prosecutorial tools for law enforcement.
oThe Sentencing Reform and Corrections Act of 2017 narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening and establishing new outlets for individuals with minimal non-violent criminal histories that may trigger mandatory minimum sentences under current law.
oThe bill also reduces certain mandatory minimums and provides judges with greater discretion when determining appropriate sentences.
oUnder the bill, courts must first review eligible inmates individual cases, including criminal histories and conduct while incarcerated, before determining whether a sentence reduction is appropriate.
oImportantly, the bill preserves cooperation incentives to aid law enforcement in tracking down kingpins and stiffens penalties for individuals convicted of serious violent felonies.
oIn addition, the bill establishes recidivism reduction programs to help prepare low-risk inmates to successfully re-enter society.
oQualifying inmates may receive reductions to their sentences through time credits upon successful completion of recidivism reduction programming.
oThe bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences. Courts must first review each eligible inmates case on an individualized basis, including criminal history and conduct while incarcerated, before determining whether a sentence reduction is appropriate.
S 1994, the CORRECTIONS Act. A bill to reduce recidivism and increase public safety, and for other purposes.
oThe Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System (CORRECTIONS) Act is based on successful criminal justice reforms from states like Rhode Island and Texas that have lowered recidivism rates, reduced crime, and saved taxpayer dollars.
oRisk Assessment: The bill requires the Department of Justice to develop risk assessment tools that will assess the recidivism risk of all eligible offenders.
oReducing Prison Spending: The bill focuses limited Bureau of Prison resources on those most likely to commit future crimes and shifts lower-risk inmates to less restrictive conditions, reducing prison costs and freeing up resources for law enforcement.
oExpanded Recidivism-Reduction Programming: The bill requires the Bureau of Prisons to provide evidence-based recidivism reduction programming to all eligible offenders.
oPartnerships with Faith-Based and Community-Based Organizations: To promote efficient and effective recidivism reduction programming, the Bureau of Prisons must partner with private organizations, including non-profits, to enhance existing efforts.
oCredit toward Prerelease Custody: To incentivize inmates to reduce their risk profile, the bill allows eligible inmates who successfully complete recidivism reduction programs to earn credit toward time in pre-release custody, but excludes serious violent criminals.
oImproving Prisoner Reentry: The bill requires the federal probation office to begin planning for eligible offenders reentry at the beginning of the inmates sentence and requires the Justice Department to implement reentry pilot projects across the country.
oCorrectional Officer Self-Protection Provision: The bill requires the warden of every federal prison facility to provide a secure storage facility for guards to secure firearms.
oNational Criminal Justice Commission: The bill creates a national commission to review every aspect of the nations criminal justice system, which was last done in 1965.
Also made contacts in support of:
Second Chance Reauthorization Act: this legislation builds on the success of the original Second Chance Act, which Congress passed with strong bipartisan support and President George W. Bush signed it into law in 2008. Re-entry services have been improved, which has resulted in a reduction in recidivism and helped ensure a successful return to society for prisoners who have completed their sentence. More than 100,000 men, women, and youth returning home from prisons, jails, and juvenile facilities have benefited from Second Chance grants providing career training, mentoring, family-based substance abuse treatment, and other evidence-based reentry programs.
The bill revises and reauthorizes grant programs for offender reentry demonstration projects; family-based substance abuse treatment; and evaluating and improving educational methods at prisons, jails, and juvenile facilities.
Additionally, the legislation renames, revises, and reauthorizes grant programs for technology career training demonstration projects and reentry mentoring services; reauthorizes offender reentry research and the grant program for offender reentry substance abuse and criminal justice collaboration; and reauthorizes and modify eligibility for an elderly offender early release pilot program.
Finally, it amends the federal criminal code to establish partnerships between prisons and faith- or community-based nonprofit organizations to conduct activities to reduce recidivism.
Fair Chance Hiring: the Fair Chance Act passed out of the Senate Homeland Security Committee in May 2017, the second year that it has moved through the committee process. Similar legislation has been introduced in the House.
The bill would prohibit federal agencies and contractors from requesting that applicants for employment disclose their criminal history before receiving a conditional offer.
This prohibition would not apply to positions where disclosure of a criminal history is required by law or positions with law enforcement or national security duties and other positions that require access to classified info.
Women in Prison: The Dignity Act makes important reforms to improve the current treatment of incarcerated women in federal prisons, by focusing on their specific needs.
In addition to banning the shackling of pregnant women (as does the Redemption Act), the bill provides certain feminine hygiene and health care products for free.
Further, it allows for consideration of the location of children when making placement decisions; provides greater visitation rights for incarcerated women in an effort to keep families together; increases parenting classes and gender-specific programming in our federal prisons; allows parents to enroll in drug abuse programs provided by prison facilities; and requires BOP to provide trauma-informed training for correctional officers working with women.
Agencies Lobbied
U.S. Senate
Type of Issue
Law Enforcement/Crime/Criminal Justice
1st Quarter, 2018
In Q1, The Mitchell Firm, Inc. lobbied for U.S. Justice Action Network (Formerly Justice Consensus Action Network) , earning $30,000. The report was filed on April 19, 2018.
Original Filing: 300952063.xml
Lobbying Issues
Made contacts in support of:
HR 3356, the Prison Reform and Redemption Act. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes.
oThe Redemption Act would establish a post-sentencing risk- and needs-assessment system in federal prisons. Under this system, prisoners would be able to participate in individualized, evidence-based programs to reduce their risk of reoffending.
oThe bill would enable the Bureau of Prisons to incentivize prisoners to participate in recidivism-reduction activities by allowing them to serve the final days of their sentences in halfway houses or home confinement. The bill would provide for a transition back into their communities following their time of federal incarceration.
S 1917, the Sentencing Reform and Corrections Act. A bill to reform sentencing laws and correctional institutions, and for other purposes. The legislation permits more judicial discretion at sentencing for offenders with minimal criminal histories and helps inmates successfully reenter society, while tightening penalties for violent criminals and preserving key prosecutorial tools for law enforcement.
oThe Sentencing Reform and Corrections Act of 2017 narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening and establishing new outlets for individuals with minimal non-violent criminal histories that may trigger mandatory minimum sentences under current law.
oThe bill also reduces certain mandatory minimums and provides judges with greater discretion when determining appropriate sentences.
oUnder the bill, courts must first review eligible inmates individual cases, including criminal histories and conduct while incarcerated, before determining whether a sentence reduction is appropriate.
oImportantly, the bill preserves cooperation incentives to aid law enforcement in tracking down kingpins and stiffens penalties for individuals convicted of serious violent felonies.
oIn addition, the bill establishes recidivism reduction programs to help prepare low-risk inmates to successfully re-enter society.
oQualifying inmates may receive reductions to their sentences through time credits upon successful completion of recidivism reduction programming.
oThe bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences. Courts must first review each eligible inmates case on an individualized basis, including criminal history and conduct while incarcerated, before determining whether a sentence reduction is appropriate.
S 1994, the CORRECTIONS Act. A bill to reduce recidivism and increase public safety, and for other purposes.
oThe Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System (CORRECTIONS) Act is based on successful criminal justice reforms from states like Rhode Island and Texas that have lowered recidivism rates, reduced crime, and saved taxpayer dollars.
oRisk Assessment: The bill requires the Department of Justice to develop risk assessment tools that will assess the recidivism risk of all eligible offenders.
oReducing Prison Spending: The bill focuses limited Bureau of Prison resources on those most likely to commit future crimes and shifts lower-risk inmates to less restrictive conditions, reducing prison costs and freeing up resources for law enforcement.
oExpanded Recidivism-Reduction Programming: The bill requires the Bureau of Prisons to provide evidence-based recidivism reduction programming to all eligible offenders.
oPartnerships with Faith-Based and Community-Based Organizations: To promote efficient and effective recidivism reduction programming, the Bureau of Prisons must partner with private organizations, including non-profits, to enhance existing efforts.
oCredit toward Prerelease Custody: To incentivize inmates to reduce their risk profile, the bill allows eligible inmates who successfully complete recidivism reduction programs to earn credit toward time in pre-release custody, but excludes serious violent criminals.
oImproving Prisoner Reentry: The bill requires the federal probation office to begin planning for eligible offenders reentry at the beginning of the inmates sentence and requires the Justice Department to implement reentry pilot projects across the country.
oCorrectional Officer Self-Protection Provision: The bill requires the warden of every federal prison facility to provide a secure storage facility for guards to secure firearms.
oNational Criminal Justice Commission: The bill creates a national commission to review every aspect of the nations criminal justice system, which was last done in 1965.
Also made contacts in support of:
Second Chance Reauthorization Act: this legislation builds on the success of the original Second Chance Act, which Congress passed with strong bipartisan support and President George W. Bush signed it into law in 2008. Re-entry services have been improved, which has resulted in a reduction in recidivism and helped ensure a successful return to society for prisoners who have completed their sentence. More than 100,000 men, women, and youth returning home from prisons, jails, and juvenile facilities have benefited from Second Chance grants providing career training, mentoring, family-based substance abuse treatment, and other evidence-based reentry programs.
The bill revises and reauthorizes grant programs for offender reentry demonstration projects; family-based substance abuse treatment; and evaluating and improving educational methods at prisons, jails, and juvenile facilities.
Additionally, the legislation renames, revises, and reauthorizes grant programs for technology career training demonstration projects and reentry mentoring services; reauthorizes offender reentry research and the grant program for offender reentry substance abuse and criminal justice collaboration; and reauthorizes and modify eligibility for an elderly offender early release pilot program.
Finally, it amends the federal criminal code to establish partnerships between prisons and faith- or community-based nonprofit organizations to conduct activities to reduce recidivism.
Fair Chance Hiring: the Fair Chance Act passed out of the Senate Homeland Security Committee in May 2017, the second year that it has moved through the committee process. Similar legislation has been introduced in the House.
The bill would prohibit federal agencies and contractors from requesting that applicants for employment disclose their criminal history before receiving a conditional offer.
This prohibition would not apply to positions where disclosure of a criminal history is required by law or positions with law enforcement or national security duties and other positions that require access to classified info.
Women in Prison: The Dignity Act makes important reforms to improve the current treatment of incarcerated women in federal prisons, by focusing on their specific needs.
In addition to banning the shackling of pregnant women (as does the Redemption Act), the bill provides certain feminine hygiene and health care products for free.
Further, it allows for consideration of the location of children when making placement decisions; provides greater visitation rights for incarcerated women in an effort to keep families together; increases parenting classes and gender-specific programming in our federal prisons; allows parents to enroll in drug abuse programs provided by prison facilities; and requires BOP to provide trauma-informed training for correctional officers working with women.
Expungement: the RENEW Act would expand expungement opportunities for some individuals convicted of first-time federal drug possession. Criminal records often prevent ex-offenders from successfully re-entering the workforce.
This bill would expand the eligibility of those seeking an expungement order, promote opportunities for young former offenders and increase access to employment.
Clean Slate: Similar to expungement, Clean Slate would reduce the collateral consequences associated with a criminal conviction.
Legislation could automatically seal old, low-level, nonviolent offenses for those who remain crime free for a set period of time. Records in cases with no conviction could be sealed as a matter of course. This reduces unnecessary bureaucratic barriers that prevent a successful, long-term re-entry into communities.
Drivers License Revocations: the bipartisan Better Drive Act would repeal a section of federal transportation law that compels states to suspend drivers licenses for drug offenses after individuals have already served their prison sentence. There is strong evidence that lack of access to a drivers license harms re-entry efforts as many job opportunities require transportation. A majority of states (38) have already opted out of this law.
Agencies Lobbied
U.S. Senate
Type of Issue
Law Enforcement/Crime/Criminal Justice
4th Quarter, 2017
In Q4, The Mitchell Firm, Inc. lobbied for U.S. Justice Action Network (Formerly Justice Consensus Action Network) , earning $20,000. The report was filed on Jan. 22, 2018.
Original Filing: 300936974.xml
Lobbying Issues
Made contacts in support of:
HR 3356, the Prison Reform and Redemption Act. A bill to provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes.
oThe Redemption Act would establish a post-sentencing risk- and needs-assessment system in federal prisons. Under this system, prisoners would be able to participate in individualized, evidence-based programs to reduce their risk of reoffending.
oThe bill would enable the Bureau of Prisons to incentivize prisoners to participate in recidivism-reduction activities by allowing them to serve the final days of their sentences in halfway houses or home confinement. The bill would provide for a transition back into their communities following their time of federal incarceration.
S 1917, the Sentencing Reform and Corrections Act. A bill to reform sentencing laws and correctional institutions, and for other purposes. The legislation permits more judicial discretion at sentencing for offenders with minimal criminal histories and helps inmates successfully reenter society, while tightening penalties for violent criminals and preserving key prosecutorial tools for law enforcement.
oThe Sentencing Reform and Corrections Act of 2017 narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening and establishing new outlets for individuals with minimal non-violent criminal histories that may trigger mandatory minimum sentences under current law.
oThe bill also reduces certain mandatory minimums and provides judges with greater discretion when determining appropriate sentences.
oUnder the bill, courts must first review eligible inmates individual cases, including criminal histories and conduct while incarcerated, before determining whether a sentence reduction is appropriate.
oImportantly, the bill preserves cooperation incentives to aid law enforcement in tracking down kingpins and stiffens penalties for individuals convicted of serious violent felonies.
oIn addition, the bill establishes recidivism reduction programs to help prepare low-risk inmates to successfully re-enter society.
oQualifying inmates may receive reductions to their sentences through time credits upon successful completion of recidivism reduction programming.
oThe bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences. Courts must first review each eligible inmates case on an individualized basis, including criminal history and conduct while incarcerated, before determining whether a sentence reduction is appropriate.
S 1994, the CORRECTIONS Act. A bill to reduce recidivism and increase public safety, and for other purposes.
oThe Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System (CORRECTIONS) Act is based on successful criminal justice reforms from states like Rhode Island and Texas that have lowered recidivism rates, reduced crime, and saved taxpayer dollars.
oRisk Assessment: The bill requires the Department of Justice to develop risk assessment tools that will assess the recidivism risk of all eligible offenders.
oReducing Prison Spending: The bill focuses limited Bureau of Prison resources on those most likely to commit future crimes and shifts lower-risk inmates to less restrictive conditions, reducing prison costs and freeing up resources for law enforcement.
oExpanded Recidivism-Reduction Programming: The bill requires the Bureau of Prisons to provide evidence-based recidivism reduction programming to all eligible offenders.
oPartnerships with Faith-Based and Community-Based Organizations: To promote efficient and effective recidivism reduction programming, the Bureau of Prisons must partner with private organizations, including non-profits, to enhance existing efforts.
oCredit toward Prerelease Custody: To incentivize inmates to reduce their risk profile, the bill allows eligible inmates who successfully complete recidivism reduction programs to earn credit toward time in pre-release custody, but excludes serious violent criminals.
oImproving Prisoner Reentry: The bill requires the federal probation office to begin planning for eligible offenders reentry at the beginning of the inmates sentence and requires the Justice Department to implement reentry pilot projects across the country.
oCorrectional Officer Self-Protection Provision: The bill requires the warden of every federal prison facility to provide a secure storage facility for guards to secure firearms.
oNational Criminal Justice Commission: The bill creates a national commission to review every aspect of the nations criminal justice system, which was last done in 1965.
Also made contacts regarding:
HR 1905, the Fair Chance Act. A bill to prohibit Federal agencies and Federal contractors from requesting that an applicant for employment disclose criminal history record information before the applicant has received a conditional offer, and for other purposes.
oThis bill prohibits federal agencies and federal contractors from requesting that applicants for employment disclose criminal history record information before receiving a conditional offer (an offer of employment conditioned upon the results of a criminal history inquiry). The bill sets forth positions to which such prohibition shall not apply, such as positions for which prior consideration of criminal history record information is otherwise required by law, positions with law enforcement and national security duties, and positions requiring access to classified information.
oThe bill prohibits agencies from requiring an individual or sole proprietor who submits a bid for a contract to disclose criminal history record information regarding that individual or sole proprietor before determining the apparent awardee.
oThe Office of Personnel Management, the Office of Compliance, the Administrative Office of the United States Courts, the General Services Administration, and the Department of Defense must: (1) establish procedures for submitting complaints about, and taking actions against, agency employees and contractors for violating such prohibitions and for appealing such an action; and (2) issue regulations to implement this bill. The Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation to implement the requirements of this bill.
oThe Bureau of Justice Statistics, in coordination with the Bureau of the Census, must: (1) design and initiate a study on the employment of individuals who are released from federal prison after completing a term of imprisonment for a federal criminal offense, and (2) report to Congress at specified intervals.
HR 1952, the Better Drive Act. A bill to amend title 23, United States Code, with respect to the revocation or suspension of drivers licenses of individuals convicted of drug offenses, and for other purposes.
oThis bill repeals provisions requiring the Department of Transportation to withhold a certain amount of a state's apportionment of federal-aid highway funds if the state fails to enact and enforce a law that requires the revocation or suspension of drivers' licenses of individuals convicted of drug offenses.
HR 4019, the Pretrial Integrity and Safety Act. A bill to provide grants to States and Indian tribes to reform their criminal justice system to encourage the replacement of the use of payment of secured money bail as a condition of pretrial release in criminal cases, and for other purposes.
oA bipartisan bill that incentivizes moving away from a money bail system. Under money bail systems, the decision to detain a person prior to their trial is based on their ability to pay bail instead of their flight risk or danger to society. The system disproportionately affects the poor, is expensive, and does not make Americans safer.
oThe Pretrial Integrity and Safety Act encourages states to replace their existing bail systems with pretrial risk assessments-a more just system for evaluating the flight and safety risk of defendants facing trial. An individualized risk assessment considers factors such as a persons past criminal history and the current charge. A handful of places throughout the United States, including Kentucky and the District of Columbia, have already implemented or are in the process of implementing such a system.
Agencies Lobbied
U.S. Senate
Type of Issue
Law Enforcement/Crime/Criminal Justice
3rd Quarter, 2017
In Q3, The Mitchell Firm, Inc. lobbied for U.S. Justice Action Network (Formerly Justice Consensus Action Network) , earning $20,000. The report was filed on Oct. 20, 2017.
Original Filing: 300915000.xml
Lobbying Issues
Made contacts in support of introduction of bipartisan federal criminal justice reform legislation that would include elements of S. 2123 from the last Congress, the Sentencing Reform and Corrections Act, a bill to reform sentencing laws and correctional institutions, and for other purposes. This bill contained:
Section 101. Reforms and Targets Enhanced Mandatory Minimum Sentences for Prior Drug Felons. The enhanced mandatory minimums for prior drug felons are reduced: the three-strike is reduced from life imprisonment to 25 years, and the 20-year minimum is reduced to 15 years. The offenses that trigger these enhanced minimum sentences are also reformed. Currently, those offenses could be any prior drug felony. This bill would both limit them to serious drug felonies and expand them to include serious violent felonies. This provision will apply retroactively.
Section 102. Broadens the Existing Safety Valve. The existing safety valve is expanded to include offenders with up to four criminal history points. However, offenders with prior 3 point felony convictions or prior 2 point violent or drug trafficking offenses will not be eligible for the safety valve. But the safety valve will also adopt an existing mechanism under the Sentencing Guidelines to permit for a court to waive those disqualifying prior convictions if the court specifies in writing that those prior convictions substantially over-represent the seriousness of the defendants criminal history or the likelihood that the defendant will commit other crimes. This finding may be appealed by prosecutors. However, offenders with prior serious drug or serious violent convictions are excluded from this form of relief. This provision is not retroactive.
Section 103. Creates a Second Safety Valve that Preserves but Targets the 10-Year Mandatory Minimum to Certain Drug Offenders. A second safety valve is created that preserves but targets the existing 10-year mandatory minimum to (1) offenders who performed an enhanced role in the offense or (2) otherwise served as an importer, exporter, high-level distributor or supplier, wholesaler, or manufacturer. Consistent with the existing safety valve, the offender must not have used violence or a firearm or been a member of a continuing criminal enterprise, and the offense must not have resulted in death or serious bodily injury. The defendant must also truthfully proffer with the government and provide any and all information and evidence about the offense. This provision also excludes offenders with prior serious drug or serious violent convictions or offenders who distributed drugs to or with a person under the age of 18. This provision is not retroactive.
Section 104. Clarifies and Reduces the Enhanced Mandatory Minimums Sentences for Certain Firearm Offenses but Expands its Application to Similar Prior State Convictions. In response to a Supreme Court decision, the bill clarifies that the enhanced mandatory minimum sentence for using a firearm in connection with a crime of violence or a drug trafficking offense is limited to offenders who have previously been convicted and served a sentence for such an offense. The bill also reduces that enhanced mandatory minimum from 25 years to 15 years. But the bill expands the applicable predicate offenses to include similar prior state-level convictions in which the offender carried, brandished, or used a firearm. This provision will apply retroactively.
Section 105. Raises the Statutory Maximum for Unlawful Possession of a Firearm and Creates an Overlapping Range by Reducing the Enhanced Mandatory Minimum for Armed Career Criminals. The statutory maximum sentence for the unlawful possession of a firearm by a convicted felon and certain other offenders is increased from 10 years to 15 years. The bill also eliminates a significant gap in current sentencing laws by reducing the enhanced mandatory minimum for armed career criminals from 15 years to 10 years. This provision will apply retroactively.
Section 106. Retroactive Application of the Fair Sentencing Act. The Fair Sentencing Act of 2010 reduced the disparity in sentencing between crack and powder cocaine. This provision ensures the retroactive application of that law to certain offenders.
Section 107. New Mandatory Minimum for Interstate Domestic Violence.
Section 108. New Mandatory Minimum for Certain Export Control Offenses
Section 109. Report and Inventory of All Federal Criminal Offenses
TITLE 2: THE CORRECTIONS ACT
Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence.
Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors.
Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions.
Section 205. Reports. This section requires various reporting to Congress about best practices for reentry as well as notification to the VA about veterans in custody.
Section 206. Additional Tools. This section requires presentence investigation reports to include information about the defendants history of substance abuse and addiction, the defendants prior service in the Armed Forces, and a detailed plan to reduce the defendants likelihood to abusing drugs or alcohol, address the defendants risk of recidivism, and prepare the inmate for reentry.
Section 207. Eric Williams Correctional Officer Protection Act. This section permits officers and employees of BOP to carry oleoresin capsicum spray (pepper spray). BOP officers and employees are required to complete a training course prior to being issued pepper spray, and may use pepper spray to reduce acts of violence.
Section 208. Promoting Successful Reentry. This section requires the Attorney General to submit a report evaluating best practices for reentry, and to carry out reentry demonstration projects in judicial districts in consultation with the Administrative Office of the Courts.
Section 209. Parole for Juveniles. The Supreme Court has ruled that the Constitution requires that juveniles convicted as adults and sentenced to life terms must be eligible for parole. The bill creates a system whereby such juveniles in the federal system will be eligible to seek parole after they have served 20 years of their sentence. A judge would apply a range of specified factors in deciding whether to grant parole. If parole were denied, the inmate could apply twice more for parole after five years had elapsed after denial. The provision applies as well to juveniles sentenced as adults to terms longer than 20 years.
Section 210. Compassionate release. The bill would allow certain individuals with no record of violence older than 60, as well as terminally ill offenders and those in nursing homes who have served a large portion of their sentences, to be released from prison.
Section 211. Juvenile sealing and expungement. This section permits nonviolent juveniles who are tried as juveniles in federal court, other than for misdemeanor domestic violence offenses, to obtain sealing or expungement of their convictions in certain circumstances. The goal is to enable youthful offenders who live a crime free life to seek employment without regard to earlier errors in their life.
Section 212. Juvenile solitary confinement. The bill would impose limitations on the use of solitary confinement for juveniles housed in federal prison.
Section 213. Accuracy of federal criminal records. Under this section, the Attorney General would establish and enforce procedures for individuals who are to undergo background checks for employment to challenge the accuracy of their federal criminal records, in particular, of arrests without dispositions.
Also made contacts in support of introduction of bipartisan federal criminal justice reform legislation that would include elements of HR 3713 in the last Congress, the Sentencing Reform Act, a bill to reform sentencing laws, and for other purposes; and HR 759 in the last Congress, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties.
HR 3713 would have permitted a court to reduce the mandatory minimum prison term imposed on certain non-violent defendants convicted of a high-level first-time or low-level repeat drug offense (including unlawful import, export, manufacture, or distribution of, or possession with intent to distribute a controlled substance).
The legislation would have expanded safety valve eligibility to permit a court to impose a sentence below the mandatory minimum for certain non-violent, cooperative drug defendants with a limited criminal history.
It would have reduced the enhanced mandatory minimum prison term for certain defendants who commit a high-level repeat drug offense, use a firearm in a crime of violence or drug offense after a prior conviction for such offense, or unlawfully possess a firearm after three or more prior convictions. It would have permitted retroactive application of such reductions for defendants without a prior serious violent felony conviction, after a court considers certain factors.
It would have established a consecutive mandatory prison term for a defendant who commits a drug offense involving a detectable amount of heroin or fentanyl.
The bill would have made the Fair Sentencing Act of 2010 retroactive to permit resentencing of a convicted crack cocaine offender sentenced before August 3, 2010.
HR 759 would have done the following:
Strengthens Public Safety:
The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence.
Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others.
Enhances Prison Security:
The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level.
The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms.
The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers.
Provide Inmates the Help They Need:
The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs.
It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment.
The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law.
The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others.
Protects Civil Liberties:
The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications.
Agencies Lobbied
U.S. Senate
Type of Issue
Law Enforcement/Crime/Criminal Justice
2nd Quarter, 2017
In Q2, The Mitchell Firm, Inc. lobbied for U.S. Justice Action Network (Formerly Justice Consensus Action Network) , earning $20,000. The report was filed on July 20, 2017.
Original Filing: 300895863.xml
Lobbying Issues
Made contacts in support of introduction of bipartisan federal criminal justice reform legislation that would include elements of S. 2123 from the last Congress, the Sentencing Reform and Corrections Act, a bill to reform sentencing laws and correctional institutions, and for other purposes. This bill contained:
Section 101. Reforms and Targets Enhanced Mandatory Minimum Sentences for Prior Drug Felons. The enhanced mandatory minimums for prior drug felons are reduced: the three-strike is reduced from life imprisonment to 25 years, and the 20-year minimum is reduced to 15 years. The offenses that trigger these enhanced minimum sentences are also reformed. Currently, those offenses could be any prior drug felony. This bill would both limit them to serious drug felonies and expand them to include serious violent felonies. This provision will apply retroactively.
Section 102. Broadens the Existing Safety Valve. The existing safety valve is expanded to include offenders with up to four criminal history points. However, offenders with prior 3 point felony convictions or prior 2 point violent or drug trafficking offenses will not be eligible for the safety valve. But the safety valve will also adopt an existing mechanism under the Sentencing Guidelines to permit for a court to waive those disqualifying prior convictions if the court specifies in writing that those prior convictions substantially over-represent the seriousness of the defendants criminal history or the likelihood that the defendant will commit other crimes. This finding may be appealed by prosecutors. However, offenders with prior serious drug or serious violent convictions are excluded from this form of relief. This provision is not retroactive.
Section 103. Creates a Second Safety Valve that Preserves but Targets the 10-Year Mandatory Minimum to Certain Drug Offenders. A second safety valve is created that preserves but targets the existing 10-year mandatory minimum to (1) offenders who performed an enhanced role in the offense or (2) otherwise served as an importer, exporter, high-level distributor or supplier, wholesaler, or manufacturer. Consistent with the existing safety valve, the offender must not have used violence or a firearm or been a member of a continuing criminal enterprise, and the offense must not have resulted in death or serious bodily injury. The defendant must also truthfully proffer with the government and provide any and all information and evidence about the offense. This provision also excludes offenders with prior serious drug or serious violent convictions or offenders who distributed drugs to or with a person under the age of 18. This provision is not retroactive.
Section 104. Clarifies and Reduces the Enhanced Mandatory Minimums Sentences for Certain Firearm Offenses but Expands its Application to Similar Prior State Convictions. In response to a Supreme Court decision, the bill clarifies that the enhanced mandatory minimum sentence for using a firearm in connection with a crime of violence or a drug trafficking offense is limited to offenders who have previously been convicted and served a sentence for such an offense. The bill also reduces that enhanced mandatory minimum from 25 years to 15 years. But the bill expands the applicable predicate offenses to include similar prior state-level convictions in which the offender carried, brandished, or used a firearm. This provision will apply retroactively.
Section 105. Raises the Statutory Maximum for Unlawful Possession of a Firearm and Creates an Overlapping Range by Reducing the Enhanced Mandatory Minimum for Armed Career Criminals. The statutory maximum sentence for the unlawful possession of a firearm by a convicted felon and certain other offenders is increased from 10 years to 15 years. The bill also eliminates a significant gap in current sentencing laws by reducing the enhanced mandatory minimum for armed career criminals from 15 years to 10 years. This provision will apply retroactively.
Section 106. Retroactive Application of the Fair Sentencing Act. The Fair Sentencing Act of 2010 reduced the disparity in sentencing between crack and powder cocaine. This provision ensures the retroactive application of that law to certain offenders.
Section 107. New Mandatory Minimum for Interstate Domestic Violence.
Section 108. New Mandatory Minimum for Certain Export Control Offenses
Section 109. Report and Inventory of All Federal Criminal Offenses
TITLE 2: THE CORRECTIONS ACT
Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence.
Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors.
Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions.
Section 205. Reports. This section requires various reporting to Congress about best practices for reentry as well as notification to the VA about veterans in custody.
Section 206. Additional Tools. This section requires presentence investigation reports to include information about the defendants history of substance abuse and addiction, the defendants prior service in the Armed Forces, and a detailed plan to reduce the defendants likelihood to abusing drugs or alcohol, address the defendants risk of recidivism, and prepare the inmate for reentry.
Section 207. Eric Williams Correctional Officer Protection Act. This section permits officers and employees of BOP to carry oleoresin capsicum spray (pepper spray). BOP officers and employees are required to complete a training course prior to being issued pepper spray, and may use pepper spray to reduce acts of violence.
Section 208. Promoting Successful Reentry. This section requires the Attorney General to submit a report evaluating best practices for reentry, and to carry out reentry demonstration projects in judicial districts in consultation with the Administrative Office of the Courts.
Section 209. Parole for Juveniles. The Supreme Court has ruled that the Constitution requires that juveniles convicted as adults and sentenced to life terms must be eligible for parole. The bill creates a system whereby such juveniles in the federal system will be eligible to seek parole after they have served 20 years of their sentence. A judge would apply a range of specified factors in deciding whether to grant parole. If parole were denied, the inmate could apply twice more for parole after five years had elapsed after denial. The provision applies as well to juveniles sentenced as adults to terms longer than 20 years.
Section 210. Compassionate release. The bill would allow certain individuals with no record of violence older than 60, as well as terminally ill offenders and those in nursing homes who have served a large portion of their sentences, to be released from prison.
Section 211. Juvenile sealing and expungement. This section permits nonviolent juveniles who are tried as juveniles in federal court, other than for misdemeanor domestic violence offenses, to obtain sealing or expungement of their convictions in certain circumstances. The goal is to enable youthful offenders who live a crime free life to seek employment without regard to earlier errors in their life.
Section 212. Juvenile solitary confinement. The bill would impose limitations on the use of solitary confinement for juveniles housed in federal prison.
Section 213. Accuracy of federal criminal records. Under this section, the Attorney General would establish and enforce procedures for individuals who are to undergo background checks for employment to challenge the accuracy of their federal criminal records, in particular, of arrests without dispositions.
Also made contacts in support of introduction of bipartisan federal criminal justice reform legislation that would include elements of HR 3713 in the last Congress, the Sentencing Reform Act, a bill to reform sentencing laws, and for other purposes; and HR 759 in the last Congress, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties.
HR 3713 would have permitted a court to reduce the mandatory minimum prison term imposed on certain non-violent defendants convicted of a high-level first-time or low-level repeat drug offense (including unlawful import, export, manufacture, or distribution of, or possession with intent to distribute a controlled substance).
The legislation would have expanded safety valve eligibility to permit a court to impose a sentence below the mandatory minimum for certain non-violent, cooperative drug defendants with a limited criminal history.
It would have reduced the enhanced mandatory minimum prison term for certain defendants who commit a high-level repeat drug offense, use a firearm in a crime of violence or drug offense after a prior conviction for such offense, or unlawfully possess a firearm after three or more prior convictions. It would have permitted retroactive application of such reductions for defendants without a prior serious violent felony conviction, after a court considers certain factors.
It would have established a consecutive mandatory prison term for a defendant who commits a drug offense involving a detectable amount of heroin or fentanyl.
The bill would have made the Fair Sentencing Act of 2010 retroactive to permit resentencing of a convicted crack cocaine offender sentenced before August 3, 2010.
HR 759 would have done the following:
Strengthens Public Safety:
The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence.
Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others.
Enhances Prison Security:
The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level.
The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms.
The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers.
Provide Inmates the Help They Need:
The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs.
It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment.
The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law.
The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others.
Protects Civil Liberties:
The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications.
Agencies Lobbied
U.S. Senate
Type of Issue
Law Enforcement/Crime/Criminal Justice
1st Quarter, 2017
In Q1, The Mitchell Firm, Inc. lobbied for U.S. Justice Action Network (Formerly Justice Consensus Action Network) , earning $20,000. The report was filed on April 19, 2017.
Original Filing: 300871680.xml
Lobbying Issues
Made contacts in support of reintroduction of bipartisan federal sentencing and corrections reform legislation; in support of something close to S. 2123 from the last Congress, the Sentencing Reform and Corrections Act, a bill to reform sentencing laws and correctional institutions, and for other purposes. This bill contained:
Section 101. Reforms and Targets Enhanced Mandatory Minimum Sentences for Prior Drug Felons. The enhanced mandatory minimums for prior drug felons are reduced: the three-strike is reduced from life imprisonment to 25 years, and the 20-year minimum is reduced to 15 years. The offenses that trigger these enhanced minimum sentences are also reformed. Currently, those offenses could be any prior drug felony. This bill would both limit them to serious drug felonies and expand them to include serious violent felonies. This provision will apply retroactively.
Section 102. Broadens the Existing Safety Valve. The existing safety valve is expanded to include offenders with up to four criminal history points. However, offenders with prior 3 point felony convictions or prior 2 point violent or drug trafficking offenses will not be eligible for the safety valve. But the safety valve will also adopt an existing mechanism under the Sentencing Guidelines to permit for a court to waive those disqualifying prior convictions if the court specifies in writing that those prior convictions substantially over-represent the seriousness of the defendants criminal history or the likelihood that the defendant will commit other crimes. This finding may be appealed by prosecutors. However, offenders with prior serious drug or serious violent convictions are excluded from this form of relief. This provision is not retroactive.
Section 103. Creates a Second Safety Valve that Preserves but Targets the 10-Year Mandatory Minimum to Certain Drug Offenders. A second safety valve is created that preserves but targets the existing 10-year mandatory minimum to (1) offenders who performed an enhanced role in the offense or (2) otherwise served as an importer, exporter, high-level distributor or supplier, wholesaler, or manufacturer. Consistent with the existing safety valve, the offender must not have used violence or a firearm or been a member of a continuing criminal enterprise, and the offense must not have resulted in death or serious bodily injury. The defendant must also truthfully proffer with the government and provide any and all information and evidence about the offense. This provision also excludes offenders with prior serious drug or serious violent convictions or offenders who distributed drugs to or with a person under the age of 18. This provision is not retroactive.
Section 104. Clarifies and Reduces the Enhanced Mandatory Minimums Sentences for Certain Firearm Offenses but Expands its Application to Similar Prior State Convictions. In response to a Supreme Court decision, the bill clarifies that the enhanced mandatory minimum sentence for using a firearm in connection with a crime of violence or a drug trafficking offense is limited to offenders who have previously been convicted and served a sentence for such an offense. The bill also reduces that enhanced mandatory minimum from 25 years to 15 years. But the bill expands the applicable predicate offenses to include similar prior state-level convictions in which the offender carried, brandished, or used a firearm. This provision will apply retroactively.
Section 105. Raises the Statutory Maximum for Unlawful Possession of a Firearm and Creates an Overlapping Range by Reducing the Enhanced Mandatory Minimum for Armed Career Criminals. The statutory maximum sentence for the unlawful possession of a firearm by a convicted felon and certain other offenders is increased from 10 years to 15 years. The bill also eliminates a significant gap in current sentencing laws by reducing the enhanced mandatory minimum for armed career criminals from 15 years to 10 years. This provision will apply retroactively.
Section 106. Retroactive Application of the Fair Sentencing Act. The Fair Sentencing Act of 2010 reduced the disparity in sentencing between crack and powder cocaine. This provision ensures the retroactive application of that law to certain offenders.
Section 107. New Mandatory Minimum for Interstate Domestic Violence.
Section 108. New Mandatory Minimum for Certain Export Control Offenses
Section 109. Report and Inventory of All Federal Criminal Offenses
TITLE 2: THE CORRECTIONS ACT
Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence.
Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors.
Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions.
Section 205. Reports. This section requires various reporting to Congress about best practices for reentry as well as notification to the VA about veterans in custody.
Section 206. Additional Tools. This section requires presentence investigation reports to include information about the defendants history of substance abuse and addiction, the defendants prior service in the Armed Forces, and a detailed plan to reduce the defendants likelihood to abusing drugs or alcohol, address the defendants risk of recidivism, and prepare the inmate for reentry.
Section 207. Eric Williams Correctional Officer Protection Act. This section permits officers and employees of BOP to carry oleoresin capsicum spray (pepper spray). BOP officers and employees are required to complete a training course prior to being issued pepper spray, and may use pepper spray to reduce acts of violence.
Section 208. Promoting Successful Reentry. This section requires the Attorney General to submit a report evaluating best practices for reentry, and to carry out reentry demonstration projects in judicial districts in consultation with the Administrative Office of the Courts.
Section 209. Parole for Juveniles. The Supreme Court has ruled that the Constitution requires that juveniles convicted as adults and sentenced to life terms must be eligible for parole. The bill creates a system whereby such juveniles in the federal system will be eligible to seek parole after they have served 20 years of their sentence. A judge would apply a range of specified factors in deciding whether to grant parole. If parole were denied, the inmate could apply twice more for parole after five years had elapsed after denial. The provision applies as well to juveniles sentenced as adults to terms longer than 20 years.
Section 210. Compassionate release. The bill would allow certain individuals with no record of violence older than 60, as well as terminally ill offenders and those in nursing homes who have served a large portion of their sentences, to be released from prison.
Section 211. Juvenile sealing and expungement. This section permits nonviolent juveniles who are tried as juveniles in federal court, other than for misdemeanor domestic violence offenses, to obtain sealing or expungement of their convictions in certain circumstances. The goal is to enable youthful offenders who live a crime free life to seek employment without regard to earlier errors in their life.
Section 212. Juvenile solitary confinement. The bill would impose limitations on the use of solitary confinement for juveniles housed in federal prison.
Section 213. Accuracy of federal criminal records. Under this section, the Attorney General would establish and enforce procedures for individuals who are to undergo background checks for employment to challenge the accuracy of their federal criminal records, in particular, of arrests without dispositions.
Also made contacts in support of reintroduction of something close to HR 3713 in the last Congress, the Sentencing Reform Act, a bill to reform sentencing laws, and for other purposes; and HR 759 in the last Congress, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties.
HR 3713 would have permitted a court to reduce the mandatory minimum prison term imposed on certain non-violent defendants convicted of a high-level first-time or low-level repeat drug offense (including unlawful import, export, manufacture, or distribution of, or possession with intent to distribute a controlled substance).
The legislation would have expanded safety valve eligibility to permit a court to impose a sentence below the mandatory minimum for certain non-violent, cooperative drug defendants with a limited criminal history.
It would have reduced the enhanced mandatory minimum prison term for certain defendants who commit a high-level repeat drug offense, use a firearm in a crime of violence or drug offense after a prior conviction for such offense, or unlawfully possess a firearm after three or more prior convictions. It would have permitted retroactive application of such reductions for defendants without a prior serious violent felony conviction, after a court considers certain factors.
It would have established a consecutive mandatory prison term for a defendant who commits a drug offense involving a detectable amount of heroin or fentanyl.
The bill would have made the Fair Sentencing Act of 2010 retroactive to permit resentencing of a convicted crack cocaine offender sentenced before August 3, 2010.
HR 759 would have done the following:
Strengthens Public Safety:
The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence.
Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others.
Enhances Prison Security:
The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level.
The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms.
The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers.
Provide Inmates the Help They Need:
The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs.
It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment.
The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law.
The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others.
Protects Civil Liberties:
The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications.
Agencies Lobbied
U.S. Senate
Type of Issue
Law Enforcement/Crime/Criminal Justice
4th Quarter, 2016
In Q4, The Mitchell Firm, Inc. lobbied for U.S. Justice Action Network (Formerly Justice Consensus Action Network) , earning $10,000. The report was filed on Jan. 23, 2017.
Original Filing: 300857064.xml
Lobbying Issues
Made contacts in support of S. 2123, the Sentencing Reform and Corrections Act of 2015, a bill to reform sentencing laws and correctional institutions, and for other purposes. This bill contains:
Section 101. Reforms and Targets Enhanced Mandatory Minimum Sentences for Prior Drug Felons. The enhanced mandatory minimums for prior drug felons are reduced: the three-strike is reduced from life imprisonment to 25 years, and the 20-year minimum is reduced to 15 years. The offenses that trigger these enhanced minimum sentences are also reformed. Currently, those offenses could be any prior drug felony. This bill would both limit them to serious drug felonies and expand them to include serious violent felonies. This provision will apply retroactively.
Section 102. Broadens the Existing Safety Valve. The existing safety valve is expanded to include offenders with up to four criminal history points. However, offenders with prior 3 point felony convictions or prior 2 point violent or drug trafficking offenses will not be eligible for the safety valve. But the safety valve will also adopt an existing mechanism under the Sentencing Guidelines to permit for a court to waive those disqualifying prior convictions if the court specifies in writing that those prior convictions substantially over-represent the seriousness of the defendants criminal history or the likelihood that the defendant will commit other crimes. This finding may be appealed by prosecutors. However, offenders with prior serious drug or serious violent convictions are excluded from this form of relief. This provision is not retroactive.
Section 103. Creates a Second Safety Valve that Preserves but Targets the 10-Year Mandatory Minimum to Certain Drug Offenders. A second safety valve is created that preserves but targets the existing 10-year mandatory minimum to (1) offenders who performed an enhanced role in the offense or (2) otherwise served as an importer, exporter, high-level distributor or supplier, wholesaler, or manufacturer. Consistent with the existing safety valve, the offender must not have used violence or a firearm or been a member of a continuing criminal enterprise, and the offense must not have resulted in death or serious bodily injury. The defendant must also truthfully proffer with the government and provide any and all information and evidence about the offense. This provision also excludes offenders with prior serious drug or serious violent convictions or offenders who distributed drugs to or with a person under the age of 18. This provision is not retroactive.
Section 104. Clarifies and Reduces the Enhanced Mandatory Minimums Sentences for Certain Firearm Offenses but Expands its Application to Similar Prior State Convictions. In response to a Supreme Court decision, the bill clarifies that the enhanced mandatory minimum sentence for using a firearm in connection with a crime of violence or a drug trafficking offense is limited to offenders who have previously been convicted and served a sentence for such an offense. The bill also reduces that enhanced mandatory minimum from 25 years to 15 years. But the bill expands the applicable predicate offenses to include similar prior state-level convictions in which the offender carried, brandished, or used a firearm. This provision will apply retroactively.
Section 105. Raises the Statutory Maximum for Unlawful Possession of a Firearm and Creates an Overlapping Range by Reducing the Enhanced Mandatory Minimum for Armed Career Criminals. The statutory maximum sentence for the unlawful possession of a firearm by a convicted felon and certain other offenders is increased from 10 years to 15 years. The bill also eliminates a significant gap in current sentencing laws by reducing the enhanced mandatory minimum for armed career criminals from 15 years to 10 years. This provision will apply retroactively.
Section 106. Retroactive Application of the Fair Sentencing Act. The Fair Sentencing Act of 2010 reduced the disparity in sentencing between crack and powder cocaine. This provision ensures the retroactive application of that law to certain offenders.
Section 107. New Mandatory Minimum for Interstate Domestic Violence.
Section 108. New Mandatory Minimum for Certain Export Control Offenses
Section 109. Report and Inventory of All Federal Criminal Offenses
TITLE 2: THE CORRECTIONS ACT
Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence.
Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors.
Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions.
Section 205. Reports. This section requires various reporting to Congress about best practices for reentry as well as notification to the VA about veterans in custody.
Section 206. Additional Tools. This section requires presentence investigation reports to include information about the defendants history of substance abuse and addiction, the defendants prior service in the Armed Forces, and a detailed plan to reduce the defendants likelihood to abusing drugs or alcohol, address the defendants risk of recidivism, and prepare the inmate for reentry.
Section 207. Eric Williams Correctional Officer Protection Act. This section permits officers and employees of BOP to carry oleoresin capsicum spray (pepper spray). BOP officers and employees are required to complete a training course prior to being issued pepper spray, and may use pepper spray to reduce acts of violence.
Section 208. Promoting Successful Reentry. This section requires the Attorney General to submit a report evaluating best practices for reentry, and to carry out reentry demonstration projects in judicial districts in consultation with the Administrative Office of the Courts.
Section 209. Parole for Juveniles. The Supreme Court has ruled that the Constitution requires that juveniles convicted as adults and sentenced to life terms must be eligible for parole. The bill creates a system whereby such juveniles in the federal system will be eligible to seek parole after they have served 20 years of their sentence. A judge would apply a range of specified factors in deciding whether to grant parole. If parole were denied, the inmate could apply twice more for parole after five years had elapsed after denial. The provision applies as well to juveniles sentenced as adults to terms longer than 20 years.
Section 210. Compassionate release. The bill would allow certain individuals with no record of violence older than 60, as well as terminally ill offenders and those in nursing homes who have served a large portion of their sentences, to be released from prison.
Section 211. Juvenile sealing and expungement. This section permits nonviolent juveniles who are tried as juveniles in federal court, other than for misdemeanor domestic violence offenses, to obtain sealing or expungement of their convictions in certain circumstances. The goal is to enable youthful offenders who live a crime free life to seek employment without regard to earlier errors in their life.
Section 212. Juvenile solitary confinement. The bill would impose limitations on the use of solitary confinement for juveniles housed in federal prison.
Section 213. Accuracy of federal criminal records. Under this section, the Attorney General would establish and enforce procedures for individuals who are to undergo background checks for employment to challenge the accuracy of their federal criminal records, in particular, of arrests without dispositions.
Also made contacts in support of HR 3713, the Sentencing Reform Act, a bill to reform sentencing laws, and for other purposes; and HR 759, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties.
HR 3713 permits a court to reduce the mandatory minimum prison term imposed on certain non-violent defendants convicted of a high-level first-time or low-level repeat drug offense (including unlawful import, export, manufacture, or distribution of, or possession with intent to distribute a controlled substance).
The legislation expands safety valve eligibility to permit a court to impose a sentence below the mandatory minimum for certain non-violent, cooperative drug defendants with a limited criminal history.
It reduces the enhanced mandatory minimum prison term for certain defendants who commit a high-level repeat drug offense, use a firearm in a crime of violence or drug offense after a prior conviction for such offense, or unlawfully possess a firearm after three or more prior convictions. It permits retroactive application of such reductions for defendants without a prior serious violent felony conviction, after a court considers certain factors.
It also establishes a consecutive mandatory prison term for a defendant who commits a drug offense involving a detectable amount of heroin or fentanyl.
The bill makes the Fair Sentencing Act of 2010 retroactive to permit resentencing of a convicted crack cocaine offender sentenced before August 3, 2010.
HR 759 does the following:
Strengthens Public Safety:
The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence.
Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others.
Enhances Prison Security:
The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level.
The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms.
The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers.
Provide Inmates the Help They Need:
The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs.
It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment.
The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law.
The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others.
Protects Civil Liberties:
The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications.
Agencies Lobbied
U.S. Senate
Type of Issue
Law Enforcement/Crime/Criminal Justice
3rd Quarter, 2016
In Q3, The Mitchell Firm, Inc. lobbied for U.S. Justice Action Network (Formerly Justice Consensus Action Network) , earning $10,000. The report was filed on Oct. 18, 2016.
Original Filing: 300830853.xml
Lobbying Issues
Made contacts in support of S. 2123, the Sentencing Reform and Corrections Act of 2015, a bill to reform sentencing laws and correctional institutions, and for other purposes. This bill contains:
Section 101. Reforms and Targets Enhanced Mandatory Minimum Sentences for Prior Drug Felons. The enhanced mandatory minimums for prior drug felons are reduced: the three-strike is reduced from life imprisonment to 25 years, and the 20-year minimum is reduced to 15 years. The offenses that trigger these enhanced minimum sentences are also reformed. Currently, those offenses could be any prior drug felony. This bill would both limit them to serious drug felonies and expand them to include serious violent felonies. This provision will apply retroactively.
Section 102. Broadens the Existing Safety Valve. The existing safety valve is expanded to include offenders with up to four criminal history points. However, offenders with prior 3 point felony convictions or prior 2 point violent or drug trafficking offenses will not be eligible for the safety valve. But the safety valve will also adopt an existing mechanism under the Sentencing Guidelines to permit for a court to waive those disqualifying prior convictions if the court specifies in writing that those prior convictions substantially over-represent the seriousness of the defendants criminal history or the likelihood that the defendant will commit other crimes. This finding may be appealed by prosecutors. However, offenders with prior serious drug or serious violent convictions are excluded from this form of relief. This provision is not retroactive.
Section 103. Creates a Second Safety Valve that Preserves but Targets the 10-Year Mandatory Minimum to Certain Drug Offenders. A second safety valve is created that preserves but targets the existing 10-year mandatory minimum to (1) offenders who performed an enhanced role in the offense or (2) otherwise served as an importer, exporter, high-level distributor or supplier, wholesaler, or manufacturer. Consistent with the existing safety valve, the offender must not have used violence or a firearm or been a member of a continuing criminal enterprise, and the offense must not have resulted in death or serious bodily injury. The defendant must also truthfully proffer with the government and provide any and all information and evidence about the offense. This provision also excludes offenders with prior serious drug or serious violent convictions or offenders who distributed drugs to or with a person under the age of 18. This provision is not retroactive.
Section 104. Clarifies and Reduces the Enhanced Mandatory Minimums Sentences for Certain Firearm Offenses but Expands its Application to Similar Prior State Convictions. In response to a Supreme Court decision, the bill clarifies that the enhanced mandatory minimum sentence for using a firearm in connection with a crime of violence or a drug trafficking offense is limited to offenders who have previously been convicted and served a sentence for such an offense. The bill also reduces that enhanced mandatory minimum from 25 years to 15 years. But the bill expands the applicable predicate offenses to include similar prior state-level convictions in which the offender carried, brandished, or used a firearm. This provision will apply retroactively.
Section 105. Raises the Statutory Maximum for Unlawful Possession of a Firearm and Creates an Overlapping Range by Reducing the Enhanced Mandatory Minimum for Armed Career Criminals. The statutory maximum sentence for the unlawful possession of a firearm by a convicted felon and certain other offenders is increased from 10 years to 15 years. The bill also eliminates a significant gap in current sentencing laws by reducing the enhanced mandatory minimum for armed career criminals from 15 years to 10 years. This provision will apply retroactively.
Section 106. Retroactive Application of the Fair Sentencing Act. The Fair Sentencing Act of 2010 reduced the disparity in sentencing between crack and powder cocaine. This provision ensures the retroactive application of that law to certain offenders.
Section 107. New Mandatory Minimum for Interstate Domestic Violence.
Section 108. New Mandatory Minimum for Certain Export Control Offenses
Section 109. Report and Inventory of All Federal Criminal Offenses
TITLE 2: THE CORRECTIONS ACT
Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence.
Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors.
Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions.
Section 205. Reports. This section requires various reporting to Congress about best practices for reentry as well as notification to the VA about veterans in custody.
Section 206. Additional Tools. This section requires presentence investigation reports to include information about the defendants history of substance abuse and addiction, the defendants prior service in the Armed Forces, and a detailed plan to reduce the defendants likelihood to abusing drugs or alcohol, address the defendants risk of recidivism, and prepare the inmate for reentry.
Section 207. Eric Williams Correctional Officer Protection Act. This section permits officers and employees of BOP to carry oleoresin capsicum spray (pepper spray). BOP officers and employees are required to complete a training course prior to being issued pepper spray, and may use pepper spray to reduce acts of violence.
Section 208. Promoting Successful Reentry. This section requires the Attorney General to submit a report evaluating best practices for reentry, and to carry out reentry demonstration projects in judicial districts in consultation with the Administrative Office of the Courts.
Section 209. Parole for Juveniles. The Supreme Court has ruled that the Constitution requires that juveniles convicted as adults and sentenced to life terms must be eligible for parole. The bill creates a system whereby such juveniles in the federal system will be eligible to seek parole after they have served 20 years of their sentence. A judge would apply a range of specified factors in deciding whether to grant parole. If parole were denied, the inmate could apply twice more for parole after five years had elapsed after denial. The provision applies as well to juveniles sentenced as adults to terms longer than 20 years.
Section 210. Compassionate release. The bill would allow certain individuals with no record of violence older than 60, as well as terminally ill offenders and those in nursing homes who have served a large portion of their sentences, to be released from prison.
Section 211. Juvenile sealing and expungement. This section permits nonviolent juveniles who are tried as juveniles in federal court, other than for misdemeanor domestic violence offenses, to obtain sealing or expungement of their convictions in certain circumstances. The goal is to enable youthful offenders who live a crime free life to seek employment without regard to earlier errors in their life.
Section 212. Juvenile solitary confinement. The bill would impose limitations on the use of solitary confinement for juveniles housed in federal prison.
Section 213. Accuracy of federal criminal records. Under this section, the Attorney General would establish and enforce procedures for individuals who are to undergo background checks for employment to challenge the accuracy of their federal criminal records, in particular, of arrests without dispositions.
Also made contacts in support of HR 3713, the Sentencing Reform Act, a bill to reform sentencing laws, and for other purposes; and HR 759, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties.
HR 3713 permits a court to reduce the mandatory minimum prison term imposed on certain non-violent defendants convicted of a high-level first-time or low-level repeat drug offense (including unlawful import, export, manufacture, or distribution of, or possession with intent to distribute a controlled substance).
The legislation expands safety valve eligibility to permit a court to impose a sentence below the mandatory minimum for certain non-violent, cooperative drug defendants with a limited criminal history.
It reduces the enhanced mandatory minimum prison term for certain defendants who commit a high-level repeat drug offense, use a firearm in a crime of violence or drug offense after a prior conviction for such offense, or unlawfully possess a firearm after three or more prior convictions. It permits retroactive application of such reductions for defendants without a prior serious violent felony conviction, after a court considers certain factors.
It also establishes a consecutive mandatory prison term for a defendant who commits a drug offense involving a detectable amount of heroin or fentanyl.
The bill makes the Fair Sentencing Act of 2010 retroactive to permit resentencing of a convicted crack cocaine offender sentenced before August 3, 2010.
HR 759 does the following:
Strengthens Public Safety:
The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence.
Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others.
Enhances Prison Security:
The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level.
The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms.
The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers.
Provide Inmates the Help They Need:
The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs.
It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment.
The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law.
The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others.
Protects Civil Liberties:
The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications.
Agencies Lobbied
U.S. Senate
Type of Issue
Law Enforcement/Crime/Criminal Justice
2nd Quarter, 2016
In Q2, The Mitchell Firm, Inc. lobbied for U.S. Justice Action Network (Formerly Justice Consensus Action Network) , earning $10,000. The report was filed on July 19, 2016.
Original Filing: 300815292.xml
Lobbying Issues
In the direction of comprehensive criminal justice reform at the federal level:
Made contacts in support of S. 2123, the Sentencing Reform and Corrections Act of 2015, a bill to reform sentencing laws and correctional institutions, and for other purposes. This bill contains:
Section 101. Reforms and Targets Enhanced Mandatory Minimum Sentences for Prior Drug Felons. The enhanced mandatory minimums for prior drug felons are reduced: the three-strike is reduced from life imprisonment to 25 years, and the 20-year minimum is reduced to 15 years. The offenses that trigger these enhanced minimum sentences are also reformed. Currently, those offenses could be any prior drug felony. This bill would both limit them to serious drug felonies and expand them to include serious violent felonies. This provision will apply retroactively.
Section 102. Broadens the Existing Safety Valve. The existing safety valve is expanded to include offenders with up to four criminal history points. However, offenders with prior 3 point felony convictions or prior 2 point violent or drug trafficking offenses will not be eligible for the safety valve. But the safety valve will also adopt an existing mechanism under the Sentencing Guidelines to permit for a court to waive those disqualifying prior convictions if the court specifies in writing that those prior convictions substantially over-represent the seriousness of the defendants criminal history or the likelihood that the defendant will commit other crimes. This finding may be appealed by prosecutors. However, offenders with prior serious drug or serious violent convictions are excluded from this form of relief. This provision is not retroactive.
Section 103. Creates a Second Safety Valve that Preserves but Targets the 10-Year Mandatory Minimum to Certain Drug Offenders. A second safety valve is created that preserves but targets the existing 10-year mandatory minimum to (1) offenders who performed an enhanced role in the offense or (2) otherwise served as an importer, exporter, high-level distributor or supplier, wholesaler, or manufacturer. Consistent with the existing safety valve, the offender must not have used violence or a firearm or been a member of a continuing criminal enterprise, and the offense must not have resulted in death or serious bodily injury. The defendant must also truthfully proffer with the government and provide any and all information and evidence about the offense. This provision also excludes offenders with prior serious drug or serious violent convictions or offenders who distributed drugs to or with a person under the age of 18. This provision is not retroactive.
Section 104. Clarifies and Reduces the Enhanced Mandatory Minimums Sentences for Certain Firearm Offenses but Expands its Application to Similar Prior State Convictions. In response to a Supreme Court decision, the bill clarifies that the enhanced mandatory minimum sentence for using a firearm in connection with a crime of violence or a drug trafficking offense is limited to offenders who have previously been convicted and served a sentence for such an offense. The bill also reduces that enhanced mandatory minimum from 25 years to 15 years. But the bill expands the applicable predicate offenses to include similar prior state-level convictions in which the offender carried, brandished, or used a firearm. This provision will apply retroactively.
Section 105. Raises the Statutory Maximum for Unlawful Possession of a Firearm and Creates an Overlapping Range by Reducing the Enhanced Mandatory Minimum for Armed Career Criminals. The statutory maximum sentence for the unlawful possession of a firearm by a convicted felon and certain other offenders is increased from 10 years to 15 years. The bill also eliminates a significant gap in current sentencing laws by reducing the enhanced mandatory minimum for armed career criminals from 15 years to 10 years. This provision will apply retroactively.
Section 106. Retroactive Application of the Fair Sentencing Act. The Fair Sentencing Act of 2010 reduced the disparity in sentencing between crack and powder cocaine. This provision ensures the retroactive application of that law to certain offenders.
Section 107. New Mandatory Minimum for Interstate Domestic Violence.
Section 108. New Mandatory Minimum for Certain Export Control Offenses
Section 109. Report and Inventory of All Federal Criminal Offenses
TITLE 2: THE CORRECTIONS ACT
Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence.
Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors.
Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions.
Section 205. Reports. This section requires various reporting to Congress about best practices for reentry as well as notification to the VA about veterans in custody.
Section 206. Additional Tools. This section requires presentence investigation reports to include information about the defendants history of substance abuse and addiction, the defendants prior service in the Armed Forces, and a detailed plan to reduce the defendants likelihood to abusing drugs or alcohol, address the defendants risk of recidivism, and prepare the inmate for reentry.
Section 207. Eric Williams Correctional Officer Protection Act. This section permits officers and employees of BOP to carry oleoresin capsicum spray (pepper spray). BOP officers and employees are required to complete a training course prior to being issued pepper spray, and may use pepper spray to reduce acts of violence.
Section 208. Promoting Successful Reentry. This section requires the Attorney General to submit a report evaluating best practices for reentry, and to carry out reentry demonstration projects in judicial districts in consultation with the Administrative Office of the Courts.
Section 209. Parole for Juveniles. The Supreme Court has ruled that the Constitution requires that juveniles convicted as adults and sentenced to life terms must be eligible for parole. The bill creates a system whereby such juveniles in the federal system will be eligible to seek parole after they have served 20 years of their sentence. A judge would apply a range of specified factors in deciding whether to grant parole. If parole were denied, the inmate could apply twice more for parole after five years had elapsed after denial. The provision applies as well to juveniles sentenced as adults to terms longer than 20 years.
Section 210. Compassionate release. The bill would allow certain individuals with no record of violence older than 60, as well as terminally ill offenders and those in nursing homes who have served a large portion of their sentences, to be released from prison.
Section 211. Juvenile sealing and expungement. This section permits nonviolent juveniles who are tried as juveniles in federal court, other than for misdemeanor domestic violence offenses, to obtain sealing or expungement of their convictions in certain circumstances. The goal is to enable youthful offenders who live a crime free life to seek employment without regard to earlier errors in their life.
Section 212. Juvenile solitary confinement. The bill would impose limitations on the use of solitary confinement for juveniles housed in federal prison.
Section 213. Accuracy of federal criminal records. Under this section, the Attorney General would establish and enforce procedures for individuals who are to undergo background checks for employment to challenge the accuracy of their federal criminal records, in particular, of arrests without dispositions.
Also made contacts in support of HR 3713, the Sentencing Reform Act, a bill to reform sentencing laws, and for other purposes; and HR 759, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties.
HR 3713 permits a court to reduce the mandatory minimum prison term imposed on certain non-violent defendants convicted of a high-level first-time or low-level repeat drug offense (including unlawful import, export, manufacture, or distribution of, or possession with intent to distribute a controlled substance).
The legislation expands safety valve eligibility to permit a court to impose a sentence below the mandatory minimum for certain non-violent, cooperative drug defendants with a limited criminal history.
It reduces the enhanced mandatory minimum prison term for certain defendants who commit a high-level repeat drug offense, use a firearm in a crime of violence or drug offense after a prior conviction for such offense, or unlawfully possess a firearm after three or more prior convictions. It permits retroactive application of such reductions for defendants without a prior serious violent felony conviction, after a court considers certain factors.
It also establishes a consecutive mandatory prison term for a defendant who commits a drug offense involving a detectable amount of heroin or fentanyl.
The bill makes the Fair Sentencing Act of 2010 retroactive to permit resentencing of a convicted crack cocaine offender sentenced before August 3, 2010.
HR 759 does the following:
Strengthens Public Safety:
The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence.
Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others.
Enhances Prison Security:
The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level.
The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms.
The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers.
Provide Inmates the Help They Need:
The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs.
It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment.
The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law.
The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others.
Protects Civil Liberties:
The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications.
Agencies Lobbied
U.S. Senate
Type of Issue
Law Enforcement/Crime/Criminal Justice
1st Quarter, 2016
In Q1, The Mitchell Firm, Inc. lobbied for U.S. Justice Action Network (Formerly Justice Consensus Action Network) , earning $20,000. The report was filed on April 20, 2016.
Original Filing: 300801269.xml
Lobbying Issues
In the direction of comprehensive criminal justice reform at the federal level:
Made contacts in support of S. 2123, the Sentencing Reform and Corrections Act of 2015, a bill to reform sentencing laws and correctional institutions, and for other purposes. This bill contains:
Section 101. Reforms and Targets Enhanced Mandatory Minimum Sentences for Prior Drug Felons. The enhanced mandatory minimums for prior drug felons are reduced: the three-strike is reduced from life imprisonment to 25 years, and the 20-year minimum is reduced to 15 years. The offenses that trigger these enhanced minimum sentences are also reformed. Currently, those offenses could be any prior drug felony. This bill would both limit them to serious drug felonies and expand them to include serious violent felonies. This provision will apply retroactively.
Section 102. Broadens the Existing Safety Valve. The existing safety valve is expanded to include offenders with up to four criminal history points. However, offenders with prior 3 point felony convictions or prior 2 point violent or drug trafficking offenses will not be eligible for the safety valve. But the safety valve will also adopt an existing mechanism under the Sentencing Guidelines to permit for a court to waive those disqualifying prior convictions if the court specifies in writing that those prior convictions substantially over-represent the seriousness of the defendants criminal history or the likelihood that the defendant will commit other crimes. This finding may be appealed by prosecutors. However, offenders with prior serious drug or serious violent convictions are excluded from this form of relief. This provision is not retroactive.
Section 103. Creates a Second Safety Valve that Preserves but Targets the 10-Year Mandatory Minimum to Certain Drug Offenders. A second safety valve is created that preserves but targets the existing 10-year mandatory minimum to (1) offenders who performed an enhanced role in the offense or (2) otherwise served as an importer, exporter, high-level distributor or supplier, wholesaler, or manufacturer. Consistent with the existing safety valve, the offender must not have used violence or a firearm or been a member of a continuing criminal enterprise, and the offense must not have resulted in death or serious bodily injury. The defendant must also truthfully proffer with the government and provide any and all information and evidence about the offense. This provision also excludes offenders with prior serious drug or serious violent convictions or offenders who distributed drugs to or with a person under the age of 18. This provision is not retroactive.
Section 104. Clarifies and Reduces the Enhanced Mandatory Minimums Sentences for Certain Firearm Offenses but Expands its Application to Similar Prior State Convictions. In response to a Supreme Court decision, the bill clarifies that the enhanced mandatory minimum sentence for using a firearm in connection with a crime of violence or a drug trafficking offense is limited to offenders who have previously been convicted and served a sentence for such an offense. The bill also reduces that enhanced mandatory minimum from 25 years to 15 years. But the bill expands the applicable predicate offenses to include similar prior state-level convictions in which the offender carried, brandished, or used a firearm. This provision will apply retroactively.
Section 105. Raises the Statutory Maximum for Unlawful Possession of a Firearm and Creates an Overlapping Range by Reducing the Enhanced Mandatory Minimum for Armed Career Criminals. The statutory maximum sentence for the unlawful possession of a firearm by a convicted felon and certain other offenders is increased from 10 years to 15 years. The bill also eliminates a significant gap in current sentencing laws by reducing the enhanced mandatory minimum for armed career criminals from 15 years to 10 years. This provision will apply retroactively.
Section 106. Retroactive Application of the Fair Sentencing Act. The Fair Sentencing Act of 2010 reduced the disparity in sentencing between crack and powder cocaine. This provision ensures the retroactive application of that law to certain offenders.
Section 107. New Mandatory Minimum for Interstate Domestic Violence.
Section 108. New Mandatory Minimum for Certain Export Control Offenses
Section 109. Report and Inventory of All Federal Criminal Offenses
TITLE 2: THE CORRECTIONS ACT
Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence.
Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors.
Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions.
Section 205. Reports. This section requires various reporting to Congress about best practices for reentry as well as notification to the VA about veterans in custody.
Section 206. Additional Tools. This section requires presentence investigation reports to include information about the defendants history of substance abuse and addiction, the defendants prior service in the Armed Forces, and a detailed plan to reduce the defendants likelihood to abusing drugs or alcohol, address the defendants risk of recidivism, and prepare the inmate for reentry.
Section 207. Eric Williams Correctional Officer Protection Act. This section permits officers and employees of BOP to carry oleoresin capsicum spray (pepper spray). BOP officers and employees are required to complete a training course prior to being issued pepper spray, and may use pepper spray to reduce acts of violence.
Section 208. Promoting Successful Reentry. This section requires the Attorney General to submit a report evaluating best practices for reentry, and to carry out reentry demonstration projects in judicial districts in consultation with the Administrative Office of the Courts.
Section 209. Parole for Juveniles. The Supreme Court has ruled that the Constitution requires that juveniles convicted as adults and sentenced to life terms must be eligible for parole. The bill creates a system whereby such juveniles in the federal system will be eligible to seek parole after they have served 20 years of their sentence. A judge would apply a range of specified factors in deciding whether to grant parole. If parole were denied, the inmate could apply twice more for parole after five years had elapsed after denial. The provision applies as well to juveniles sentenced as adults to terms longer than 20 years.
Section 210. Compassionate release. The bill would allow certain individuals with no record of violence older than 60, as well as terminally ill offenders and those in nursing homes who have served a large portion of their sentences, to be released from prison.
Section 211. Juvenile sealing and expungement. This section permits nonviolent juveniles who are tried as juveniles in federal court, other than for misdemeanor domestic violence offenses, to obtain sealing or expungement of their convictions in certain circumstances. The goal is to enable youthful offenders who live a crime free life to seek employment without regard to earlier errors in their life.
Section 212. Juvenile solitary confinement. The bill would impose limitations on the use of solitary confinement for juveniles housed in federal prison.
Section 213. Accuracy of federal criminal records. Under this section, the Attorney General would establish and enforce procedures for individuals who are to undergo background checks for employment to challenge the accuracy of their federal criminal records, in particular, of arrests without dispositions.
Also made contacts in support of HR 3713, the Sentencing Reform Act, a bill to reform sentencing laws, and for other purposes; and HR 759, the Corrections and Recidivism Reduction Act, a bill to reform the federal prison system, strengthen public safety, enhance prison security, provide inmates the help they need, and protect civil liberties.
HR 3713 permits a court to reduce the mandatory minimum prison term imposed on certain non-violent defendants convicted of a high-level first-time or low-level repeat drug offense (including unlawful import, export, manufacture, or distribution of, or possession with intent to distribute a controlled substance).
The legislation expands safety valve eligibility to permit a court to impose a sentence below the mandatory minimum for certain non-violent, cooperative drug defendants with a limited criminal history.
It reduces the enhanced mandatory minimum prison term for certain defendants who commit a high-level repeat drug offense, use a firearm in a crime of violence or drug offense after a prior conviction for such offense, or unlawfully possess a firearm after three or more prior convictions. It permits retroactive application of such reductions for defendants without a prior serious violent felony conviction, after a court considers certain factors.
It also establishes a consecutive mandatory prison term for a defendant who commits a drug offense involving a detectable amount of heroin or fentanyl.
The bill makes the Fair Sentencing Act of 2010 retroactive to permit resentencing of a convicted crack cocaine offender sentenced before August 3, 2010.
HR 759 does the following:
Strengthens Public Safety:
The Corrections and Recidivism Reduction Act implements a post-sentencing dynamic risk assessment system to determine an inmates risk of committing more crimes upon release from prison. Under the legislation, the Bureau of Prisons (BOP) would utilize effective recidivism reduction programs and provide incentives for inmates to participate in those programs. Ultimately, inmates could earn credits toward an alternative custody arrangement - such as a halfway house or home confinement - at the end of their prison sentence.
Renders criminals convicted of certain serious offenses ineligible for the alternative custody program, including dangerous sexual offenders, murderers, and others.
Enhances Prison Security:
The bill authorizes the Director of BOP to issue pepper spray to those employed in a prison above the medium security level.
The bill requires the Director of BOP to provide a secure storage area outside the secure perimeter for employees to store firearms or to allow for vehicle lock boxes for firearms.
The bill requires the Director of BOP to provide de-escalation training as part of the regular training requirements of correctional officers.
Provide Inmates the Help They Need:
The bill requires BOP to initiate pilot programs for youth mentorship and the training and therapy of rescue dogs.
It requires BOP to submit a report and evaluation of the current pilot program to treat heroin and opioid abuse through medication assisted treatment.
The bill extends the compassionate elderly release provision from the Second Chance Act that allows the prisoner to request for his or her compassionate release if he or she meets the requirements set out in the law.
The bill codifies BOPs rules on using restraints on pregnant inmates, which generally prohibit the use of restraints on pregnant inmates except those who are an immediate and credible flight risk or threat of harm to herself, the baby, or others.
Protects Civil Liberties:
The bill prevents BOP from monitoring the contents of electronic communications to or from a prisoner in a federal prison facility and his attorney or other legal representative. The bill contains an exception when BOP obtains a court order to monitor electronic communications for the purpose of entering it into evidence, or use or disclose, the contents of the communications.
Agencies Lobbied
U.S. Senate
Type of Issue
Law Enforcement/Crime/Criminal Justice
4th Quarter, 2015
In Q4, The Mitchell Firm, Inc. lobbied for U.S. Justice Action Network (Formerly Justice Consensus Action Network) , earning $10,000. The report was filed on Jan. 20, 2016.
Original Filing: 300784128.xml
Lobbying Issues
In the direction of comprehensive criminal justice reform at the federal level:
Made contacts in support of S. 2123, the Sentencing Reform and Corrections Act of 2015, a bill to reform sentencing laws and correctional institutions, and for other purposes. This bill contains:
Section 101. Reforms and Targets Enhanced Mandatory Minimum Sentences for Prior Drug Felons. The enhanced mandatory minimums for prior drug felons are reduced: the three-strike is reduced from life imprisonment to 25 years, and the 20-year minimum is reduced to 15 years. The offenses that trigger these enhanced minimum sentences are also reformed. Currently, those offenses could be any prior drug felony. This bill would both limit them to serious drug felonies and expand them to include serious violent felonies. This provision will apply retroactively.
Section 102. Broadens the Existing Safety Valve. The existing safety valve is expanded to include offenders with up to four criminal history points. However, offenders with prior 3 point felony convictions or prior 2 point violent or drug trafficking offenses will not be eligible for the safety valve. But the safety valve will also adopt an existing mechanism under the Sentencing Guidelines to permit for a court to waive those disqualifying prior convictions if the court specifies in writing that those prior convictions substantially over-represent the seriousness of the defendants criminal history or the likelihood that the defendant will commit other crimes. This finding may be appealed by prosecutors. However, offenders with prior serious drug or serious violent convictions are excluded from this form of relief. This provision is not retroactive.
Section 103. Creates a Second Safety Valve that Preserves but Targets the 10-Year Mandatory Minimum to Certain Drug Offenders. A second safety valve is created that preserves but targets the existing 10-year mandatory minimum to (1) offenders who performed an enhanced role in the offense or (2) otherwise served as an importer, exporter, high-level distributor or supplier, wholesaler, or manufacturer. Consistent with the existing safety valve, the offender must not have used violence or a firearm or been a member of a continuing criminal enterprise, and the offense must not have resulted in death or serious bodily injury. The defendant must also truthfully proffer with the government and provide any and all information and evidence about the offense. This provision also excludes offenders with prior serious drug or serious violent convictions or offenders who distributed drugs to or with a person under the age of 18. This provision is not retroactive.
Section 104. Clarifies and Reduces the Enhanced Mandatory Minimums Sentences for Certain Firearm Offenses but Expands its Application to Similar Prior State Convictions. In response to a Supreme Court decision, the bill clarifies that the enhanced mandatory minimum sentence for using a firearm in connection with a crime of violence or a drug trafficking offense is limited to offenders who have previously been convicted and served a sentence for such an offense. The bill also reduces that enhanced mandatory minimum from 25 years to 15 years. But the bill expands the applicable predicate offenses to include similar prior state-level convictions in which the offender carried, brandished, or used a firearm. This provision will apply retroactively.
Section 105. Raises the Statutory Maximum for Unlawful Possession of a Firearm and Creates an Overlapping Range by Reducing the Enhanced Mandatory Minimum for Armed Career Criminals. The statutory maximum sentence for the unlawful possession of a firearm by a convicted felon and certain other offenders is increased from 10 years to 15 years. The bill also eliminates a significant gap in current sentencing laws by reducing the enhanced mandatory minimum for armed career criminals from 15 years to 10 years. This provision will apply retroactively.
Section 106. Retroactive Application of the Fair Sentencing Act. The Fair Sentencing Act of 2010 reduced the disparity in sentencing between crack and powder cocaine. This provision ensures the retroactive application of that law to certain offenders.
Section 107. New Mandatory Minimum for Interstate Domestic Violence.
Section 108. New Mandatory Minimum for Certain Export Control Offenses
Section 109. Report and Inventory of All Federal Criminal Offenses
TITLE 2: THE CORRECTIONS ACT
Section 202. Recidivism Reduction Programming and Productive Activities. This section requires BOP to make statistically validated recidivism reduction programming available to all eligible prisoners within six years. As an incentive for successfully completing recidivism reduction program, eligible inmates may receive time credit of up to five days for each period of 30 days of programming that they successfully complete. Inmates classified as low risk may receive an additional credit of up to five days for each period of 30 days of program completion. Inmates serving sentences for a second or subsequent federal offense and those with 13 or more criminal history points under the sentencing guidelines are ineligible for time credits. Inmates serving sentences for certain offenses are excluded, including crimes of terrorism and violence.
Section 203. Post-Sentencing Risk and Needs Assessment System. The Attorney General is required to develop a risk and needs assessment system that will determine the recidivism risk of all federal inmates and classify inmates as having a high, moderate, or low risk of recidivism. The assessment system must also identify each inmates programmatic needs and identify appropriate programming. The system must measure indicators of progress such that each inmate (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk level during the time of the inmates incarceration through changes in dynamic risk factors, and that each inmate on prerelease custody (other than those already classified as low risk) has a meaningful opportunity to progress to a lower risk classification through changes in dynamic risk factors.
Section 204. Prerelease Custody. This section allows prisoners to serve an amount of time equal to the credit they have earned for recidivism reduction programming in prerelease custody, provided that the prisoners most recent risk assessment determined that the prisoner was low or moderate risk and, if moderate risk, that the prisoners risk of recidivism has significantly declined. It provides that a prisoner permitted to spend a portion of the prisoners sentence in prerelease custody as a result of completing recidivism reduction programming may spend such time in a residential reentry center, on home confinement, or on community supervision. Inmates placed in home confinement shall be subject to monitoring and be required to remain in their residence, with exceptions for employment and other specified activities. BOP may revoke a prisoners prerelease custody and require the prisoner to serve the remainder of the prisoners term of incarceration in prison if the prisoner violates the conditions.
Section 205. Reports. This section requires various reporting to Congress about best practices for reentry as well as notification to the VA about veterans in custody.
Section 206. Additional Tools. This section requires presentence investigation reports to include information about the defendants history of substance abuse and addiction, the defendants prior service in the Armed Forces, and a detailed plan to reduce the defendants likelihood to abusing drugs or alcohol, address the defendants risk of recidivism, and prepare the inmate for reentry.
Section 207. Eric Williams Correctional Officer Protection Act. This section permits officers and employees of BOP to carry oleoresin capsicum spray (pepper spray). BOP officers and employees are required to complete a training course prior to being issued pepper spray, and may use pepper spray to reduce acts of violence.
Section 208. Promoting Successful Reentry. This section requires the Attorney General to submit a report evaluating best practices for reentry, and to carry out reentry demonstration projects in judicial districts in consultation with the Administrative Office of the Courts.
Section 209. Parole for Juveniles. The Supreme Court has ruled that the Constitution requires that juveniles convicted as adults and sentenced to life terms must be eligible for parole. The bill creates a system whereby such juveniles in the federal system will be eligible to seek parole after they have served 20 years of their sentence. A judge would apply a range of specified factors in deciding whether to grant parole. If parole were denied, the inmate could apply twice more for parole after five years had elapsed after denial. The provision applies as well to juveniles sentenced as adults to terms longer than 20 years.
Section 210. Compassionate release. The bill would allow certain individuals with no record of violence older than 60, as well as terminally ill offenders and those in nursing homes who have served a large portion of their sentences, to be released from prison.
Section 211. Juvenile sealing and expungement. This section permits nonviolent juveniles who are tried as juveniles in federal court, other than for misdemeanor domestic violence offenses, to obtain sealing or expungement of their convictions in certain circumstances. The goal is to enable youthful offenders who live a crime free life to seek employment without regard to earlier errors in their life.
Section 212. Juvenile solitary confinement. The bill would impose limitations on the use of solitary confinement for juveniles housed in federal prison.
Section 213. Accuracy of federal criminal records. Under this section, the Attorney General would establish and enforce procedures for individuals who are to undergo background checks for employment to challenge the accuracy of their federal criminal records, in particular, of arrests without dispositions.
Also made contacts in support of HR 759, the Recidivism Risk Reduction Act, a bill to enhance public safety by improving the effectiveness and efficiency of the Federal prison system with offender risk and needs assessment, individual risk reduction incentives and rewards, and risk and recidivism reduction.
This bill:
Directs the Attorney General to: (1) develop a Post-Sentencing Risk and Needs Assessment System; (2) make recommendations regarding recidivism reduction programs and productive activities (programs); (3) conduct ongoing research and data analysis on the best practices relating to the use of offender risk and needs assessment tools, the best available tools, the most effective and efficient uses of such tools, and the most effective programs for prisoners classified at different recidivism risk levels and for addressing the specific needs of prisoners; (4) develop risk and needs assessment tools for such System based on such research and analysis; and (5) review the System, recommendations, and research biennially to determine whether any revisions or updates should be made.
Requires the System to provide: (1) tools to classify the recidivism risk level of prisoners and assign appropriate programs, reassess such risk level periodically and make appropriate reassignments, and determine when a prisoner is ready to transfer into pre-release custody; (2) guidance on the programs that should be assigned for each classification of prisoner; (3) incentives and rewards for prisoners to participate in and complete programs, including family phone and visitation privileges, time credits, and transfers into pre-release custody; and (4) guidelines for the Bureau of Prisons to reduce rewards earned by prisoners who violate prison or program rules. Bars prisoners convicted of specified offenses from receiving time credits.
Directs the Attorney General to: (1) develop training programs for Bureau officials and employees responsible for administering the System; (2) monitor and assess the use of the System; (3) review the effectiveness of existing programs in prisons operated by the Bureau and in state-operated prisons; and (4) make recommendations to the Bureau regarding the expansion of programming and activity capacity, the replication of effective programs, and the addition of any new programs that would help to reduce recidivism.
Directs the Bureau to: (1) implement the System and complete a risk and needs assessment for each prisoner; (2) expand the effective programs it offers and add any new ones necessary to effectively implement the System; (3) phase in such programs according to a specified schedule; and (4) develop policies for the warden of each prison to enter into partnerships with specified nonprofit organizations, institutions of higher education, and private entities to expand such programs.
Sets forth procedures for the transfer into pre-release custody of a prisoner classified as having a low risk of recidivating.
Agencies Lobbied
U.S. Senate
Type of Issue
Law Enforcement/Crime/Criminal Justice
3rd Quarter, 2015
In Q3, The Mitchell Firm, Inc. lobbied for Justice Consensus Action Network , earning $10,000. The report was filed on Oct. 20, 2015.
Original Filing: 300765591.xml
Lobbying Issues
In the direction of comprehensive criminal justice reform at the federal level:
Made contacts in support of S. 467, the CORRECTIONS Act, plus a package of thoughtful sentencing reforms that will attract sufficient bipartisan consensus to pass into law.
S. 467, the `Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System Act of 2015' or the `CORRECTIONS Act', a bill to reduce recidivism and increase public safety. The bill:
Requires all eligible offenders to undergo regular risk assessments to determine whether an offender has a low, medium, or high-risk of re-offending; Excludes all sex offenders, terrorism offenders, violent offenders, repeat offenders, major organized crime offenders, and major fraud offenders from earning credits under the program; Encourages participation in recidivism reduction programs and productive activities, like prison jobs; Contains no new authorized spending, and requires the Bureau of Prisons to partner with faith-based groups and non-profits; Allows earned time credits for low-risk prisoners of up to 10 days for every 30 days that the prisoner is successfully completing a reoffender reduction program or productive activity; Allows medium risk prisoners to earn a 5 day for 30 day time credit while successfully completing recidivism reduction programs and productive activities -- These offenders would only be able to use these credits if they demonstrate a substantial reduction in their probability of reoffending as a result of participation in programs; Does not allow high risk offenders to use any time credits unless they reduce their risk levels to a lower tier; Would allow certain low risk offenders who demonstrate exemplary behavior to spend the final portion of their earned credit time on community supervision.
To attract sufficient bipartisan consensus, sentencing reforms must be thoughtful and targeted to specific problems. Discussed retroactive application of the Fair Sentencing Act, expansion of the safety valve to include more lower level drug offenders, reducing the use of the 10-year mandatory minimum sentence for lower level drug offenders, reducing sentencing enhancements for prior drug felons under 21 U.S. Code 841 and 851, fixing the worst problems associated with the stacking of sentencing enhancements for firearms under 18 U.S. Code 924(c), and eliminating life sentences for juveniles. Also discussed expansion of elderly release and use of compassionate release.
Also began to discuss a big problem that Congress needs to address: the expansion of the federal criminal code and federal regulations and the associated disappearance of mens rea. The Code of Federal Regulations is over 80,000 pages. It is simply beyond the capacity of any person - or even any organization - to keep abreast of this number of regulations. Moreover, because many of these criminal regulations lack sufficient, or any, mens rea element, a person can run afoul of many of those laws without having any knowledge the laws exists or any intent whatsoever of breaking the law. With the explosion of the regulatory state and its use to pursue criminal charges, the mens rea requirement is all the more important. Throwing people in prison who not only lack the intent traditionally required for incarceration but who often pose very little risk to society and have a similarly low risk of recidivism only serves to exacerbate the challenges of an already expensive and crowded prison system.
Agencies Lobbied
U.S. Senate
Type of Issue
Law Enforcement/Crime/Criminal Justice
2nd Quarter, 2015
In Q2, The Mitchell Firm, Inc. lobbied for Justice Consensus Action Network . The report was filed on July 20, 2015.
Original Filing: 300745351.xml
Lobbying Issues
In the direction of comprehensive criminal justice reform at the federal level:
Made contacts in support of S. 467, the CORRECTIONS Act, plus a package of sentencing reforms that will attract sufficient bipartisan consensus to pass into law.
S. 467, the `Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers In Our National System Act of 2015' or the `CORRECTIONS Act', a bill to reduce recidivism and increase public safety. The bill:
Requires all eligible offenders to undergo regular risk assessments to determine whether an offender has a low, medium, or high-risk of re-offending; Excludes all sex offenders, terrorism offenders, violent offenders, repeat offenders, major organized crime offenders, and major fraud offenders from earning credits under the program; Encourages participation in recidivism reduction programs and productive activities, like prison jobs; Contains no new authorized spending, and requires the Bureau of Prisons to partner with faith-based groups and non-profits; Allows earned time credits for low-risk prisoners of up to 10 days for every 30 days that the prisoner is successfully completing a reoffender reduction program or productive activity; Allows medium risk prisoners to earn a 5 day for 30 day time credit while successfully completing recidivism reduction programs and productive activities -- These offenders would only be able to use these credits if they demonstrate a substantial reduction in their probability of reoffending as a result of participation in programs; Does not allow high risk offenders to use any time credits unless they reduce their risk levels to a lower tier; Would allow certain low risk offenders who demonstrate exemplary behavior to spend the final portion of their earned credit time on community supervision.
To attract sufficient bipartisan consensus, sentencing reforms must be thoughtful and targeted to specific problems. Discussed retroactive application of the Fair Sentencing Act, expansion of the safety valve to include more lower level drug offenders, reducing the use of the 10-year mandatory minimum sentence for lower level drug offenders, reducing sentencing enhancements for prior drug felons under 21 U.S. Code 841 and 851, eliminating the stacking of sentencing enhancements for firearms under 18 U.S. Code 924(c), and eliminating life sentences for juveniles. Also discussed expansion of elderly release and use of compassionate release.
Also began to discuss a big problem that Congress needs to address: the expansion of the federal criminal code and federal regulations and the associated disappearance of mens rea. The Code of Federal Regulations is over 80,000 pages. It is simply beyond the capacity of any person - or even any organization - to keep abreast of this number of regulations. Moreover, because many of these criminal regulations lack sufficient, or any, mens rea element, a person can run afoul of many of those laws without having any knowledge the laws exists or any intent whatsoever of breaking the law. With the explosion of the regulatory state and its use to pursue criminal charges, the mens rea requirement is all the more important. Throwing people in prison who not only lack the intent traditionally required for incarceration but who often pose very little risk to society and have a similarly low risk of recidivism only serves to exacerbate the challenges of an already expensive and crowded prison system.
Agencies Lobbied
U.S. Senate
Type of Issue
Law Enforcement/Crime/Criminal Justice
2nd Quarter, 2015
The Mitchell Firm, Inc. filed a lobbying registration on July 16, 2015 to represent Justice Consensus Action Network, effective June 12, 2015.
Original Filing: 300737171.xml
Issue(s) they said they’d lobby about: Ensure passage into law of S. 467, the CORRECTIONS Act, plus a package of sentencing reforms that have sufficient bipartisan consensus. This combination will be the first in a series of policy reforms that have sufficient consensus backing and will ultimately achieve comprehensive criminal justice reform at the federal level.
Work with members of Congress to further the criminal justice policy discussion and debate, develop other proposals, find the sufficient bipartisan consensus, and then develop and pass into law the next and remaining pieces in this series of policy reforms that will achieve comprehensive reform. .
Source: Clerk of the U.S. House of Representatives and Secretary of the Senate
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