My Grandfather was convicted and has served 21 years of his sentence. He is dying of cancer and our family would like him to be able to live the rest of his life outside of prison. We were wondering if the second chance law would apply to him and how we would go about getting him clemency.
In March, Congress passed the Second Chance Act. President Bush signed it into law a few weeks ago. It's purpose is to help prisoners reintegrate into society when they complete their prison sentences, and to reduce recidivism. About 700,000 state and federal prisoners are released every year.
The Act authorizes funds to be spent on programs such as education and drug treatment inside prison. Other programs will provide assistance with housing and employment after release. There are also programs aimed at strengthening family and community ties.
One portion of the bill pertains to early release of federal elderly prisoners. It is a limited pilot program called the Elderly and Family Reunification for Certain Nonviolent Offenders. It will be in place at only one federal prison. In order to qualify for it, the prisoner must be at least 65 years old and serving a sentence of less than life in prison for a nonviolent offense that also is not a sex crime. He or she has to have served more than 10 years, or 75% of their original sentence, whichever is greater.
Sound daunting? There's more. The prisoner can't have a past conviction for a state or federal violent crime or sex offense. And, the prisoner must be determined by the Bureau of Prisons not to have a history of violence or sexual misconduct even if conviction free. The prisoner must also have a record free of escape attempts.
If the prisoner meets these qualifications, the Bureau of Prisons can release him or her to home detention, provided it believes that such release is not likely to endanger any person or the community.
The program is likely to be in place around October, 2009 and last through 2010.
If your grandfather is already ill, your better bet would be to contact a post-conviction lawyer in your state who can advise you if your grandfather is eligible for release under some other law or regulation.
-- Jeralyn Merritt
