Changing Laws: Early Release For Inmates?

In the United States, inmates can be released early from prison in a few different ways. These include good conduct credits, compassionate release for the terminally ill, and changes in the law. However, if an inmate was convicted of a crime and the laws have since changed, this does not automatically result in their release. The law would have to include specific provisions for releasing such convicts, or they would need to be pardoned or commuted by a governor or parole board. Inmates can also apply for early release by petitioning the President and demonstrating a commitment to living as a law-abiding citizen.

Can an inmate be released early if the law changes?

Clemency and pardons

In addition to clemency and pardons, inmates can also seek early release through ""good conduct" credit, compassionate release for terminally ill patients, and re-sentencing under certain laws. These methods often require the advocacy of a skilled post-conviction and appeals lawyer, as most new laws allowing for reduced sentences are discretionary. Inmates can also be moved closer to their families, which facilitates easier contact and visits.

While it is challenging to have a conviction overturned, it is important to note that if a law changes, it does not automatically lead to the release of inmates convicted under the previous law. The conviction stands if the action was illegal at the time, even if the law is later changed. However, inmates can explore options such as filing an appeal if they discover errors or material impacts on their conviction or sentence due to the law change.

Commutations

In the United States, the President can commute a sentence at any time. This means that they can choose to end an inmate's sentence prematurely and release them from prison. Former President Bush, for example, commuted the sentence of his aide, Scooter Libby, saving him from serving a prison sentence. However, acts of executive clemency have become rare.

In some states, such as California, new laws have been passed that allow for the early release of certain inmates. The First Step Act, for instance, allows for the early release of inmates convicted in federal court, the expansion of the "compassionate release" program for the terminally ill, and the movement of inmates to prisons closer to their families. However, this act only affects inmates convicted of violating federal law, which is a small percentage of inmates.

In Illinois, inmates can earn sentence credits that count towards early release. These can be earned through good behaviour or by completing educational or vocational programs. Additionally, time served in county jail now counts toward the 60-day minimum eligibility requirement for early release.

It is important to note that if a law changes, it does not automatically result in the release of inmates convicted under the previous law. For a person to be released from prison after a law change, the new law would have to include specific provisions for releasing such convicts, or they would have to be pardoned or commuted by a governor or parole board.

Early release laws

In the United States, there are several laws and provisions that allow for the early release of inmates. The eligibility for early release varies depending on the state and the nature of the crime committed. Here is an overview of some key early release laws and processes:

• The First Step Act: This federal law applies to inmates convicted in Federal District Court for violating federal law. It provides for early release through ""good conduct" credit, allowing inmates to obtain 54 days of good conduct credit per year. It also expands the "compassionate release" program, enabling the early release of terminally ill patients. Additionally, it offers quality-of-life improvements, such as moving inmates closer to their families and enhancing protections for female inmates.
• State-Specific Laws: Each state may have its own laws and court decisions that impact early release. For example, in California, laws such as SB 1437 (Abolition of Felony Murder) and AB 2942 (allowing for re-sentencing) have enabled the reduction of sentences for certain inmates.
• Executive Clemency and Pardons: The President of the United States has the power to grant clemency or pardons at any time, although this is rare. A commutation by the President can end an inmate's sentence prematurely. Similarly, governors or parole boards can also grant commutations or pardons, leading to early release.
• Sentence Credits: In some states, such as Illinois, inmates can earn sentence credits that reduce their time in prison. These credits can be obtained through good behavior, participation in educational or vocational programs, or other factors determined by the Department of Corrections.
• Appeals and Legal Representation: Inmates can seek legal representation to appeal their convictions or sentences, especially if there were errors or new extenuating circumstances. A skilled post-conviction and appeals lawyer can advocate for reduced sentences, although the decision-maker (judge or bureaucrat) is not required to grant relief.

It is important to note that early release laws and processes can be complex and vary across different jurisdictions. The availability of early release may depend on the specific circumstances of each case, the nature of the crime, and the laws applicable in the state or federal system where the conviction occurred.

Sentence credits

In the United States, the First Step Act (FSA) of 2018 is a key piece of legislation that expanded the use of sentence credits. The FSA allows federal inmates to earn time credits by participating in and completing evidence-based recidivism-reducing programs or productive activities. These programs can include drug treatment and other rehabilitative programming. The FSA also increased the number of days that can be earned as good conduct time credits. Inmates with certain health conditions, caregivers of disabled or elderly family members, those abused by correctional staff, and first-time offenders may also be eligible for reduced sentences under the FSA.

Additionally, the FSA made the Fair Sentencing Act of 2010 retroactive, which reduced the impact of harsh drug laws and eliminated mandatory minimum sentences for simple possession of crack cocaine. This retroactivity means that inmates whose offences were committed prior to August 3, 2010, may be eligible for a sentence reduction.

In Illinois, specifically, there are three types of sentence credits: earned sentence credit, statutory sentence credit, and program sentence credit. Earned sentence credit is given for good behaviour, while statutory sentence credit refers to the percentage of a sentence that an inmate must serve before being eligible for release. For example, if an inmate must serve 50% of their sentence, the remaining 50% is considered statutory sentence credit. Program sentence credit is earned through participation in prison programs, such as drug treatment.

It is important to note that not all inmates are eligible for sentence credits, and there are specific criteria that must be met to earn and redeem these credits.

Appeals

If an inmate is convicted of a crime and the laws change after their conviction, they can ask their attorney to file an appeal on their behalf. However, this only works if errors are found in the handling of their case, and if these errors are deemed to have significantly impacted their conviction or sentence. The appeal must pinpoint a specific aspect of the case and make a convincing argument that serious mistakes were made.

In the state of Michigan, it is very difficult to have a conviction overturned, as it requires a lot of time, expense, and effort. The best way to avoid this is to avoid being convicted in the first place. If accused of a crime, it is important to seek help from a top-rated criminal defense attorney as soon as possible.

In California, several new laws and court cases have helped state inmates reduce their sentences. The First Step Act, for example, allows for the early release of certain inmates convicted in federal court. It also provides for quality-of-life improvements, such as allowing inmates to be moved closer to their families. However, it is important to note that most inmates in the United States were convicted in state courts, so they will need to find state laws that provide for early release.

In Illinois, inmates can earn sentence credit to reduce the amount of time they serve in prison. This credit can be earned through good behavior or by completing educational or vocational programs. The Parole Review Board (PRB) can also make early discharge decisions, but this is conditioned on a favorable recommendation from the IDOC's Office of Parole Services.

On a federal level, the President can grant a pardon or commutation at any time, but this is rare. Inmates can prepare a petition for a commutation of sentence, which is addressed to the President and submitted to the Pardon Attorney. The Pardon Attorney investigates the case, taking into account the views of the US Attorney, the sentencing judge, law enforcement agencies, and victims, if applicable.

Frequently asked questions