The Senate passed the Federal Prison Oversight Act (S 1401) to address issues in the Federal Bureau of Prisons (BOP). The legislation, supported by Senators Ossoff, Braun, Durbin, Capito, Manchin, and Kaine, includes provisions for an ombudsman within the Department of Justice (DOJ) to investigate prisoner and staff welfare, establish a secure complaints system, and prevent BOP retaliation against complainants.
The Act mandates the DOJ Inspector General to inspect all 122 federal prisons, identify deficiencies, recommend changes, and assign risk scores, with higher-risk facilities receiving more frequent inspections. This follows reports of abuse, misconduct, understaffing, escapes, and high-profile inmate deaths.
However, some experts remain skeptical about the effectiveness of DOJ oversight. Bonnie Tenneriello of Prisoners’ Legal Services of Massachusetts warned that correctional systems often resist reform. Accountability remains uncertain: “A republic, if you can keep it.”
### Supreme Court Delays Decision on Felon Gun Ban
Following the Rahimi decision, which allows gun possession restrictions under domestic violence orders, the Supreme Court declined to expedite rulings on the constitutionality of 18 USC 922(g)(1), the federal ban on felons possessing firearms. The Court remanded several cases to lower courts for review under Rahimi, delaying a definitive decision by about two years.
Rahimi highlighted the need for historical precedents to justify gun laws, complicating the evaluation of 922(g)(1). This has left lower courts to navigate the legal uncertainty, with Ohio State law professor Doug Berman predicting continued legal challenges until the Supreme Court addresses the issue comprehensively.
### DOJ Ignoring First Step Act’s Big Issue
The DOJ’s latest First Step Act report overlooked a significant issue: prisoners accumulating release credits but being unable to use them due to insufficient halfway house capacity. In Woodley v Warden, a court ruled that the BOP must transfer eligible prisoners to halfway houses despite bed shortages, emphasizing the BOP’s legal obligation to provide adequate prerelease custody.
The DOJ’s failure to address this capacity issue suggests a systemic problem that requires urgent attention to comply with the law and support prisoner reintegration.
### Slim Chances for Compassionate Release and Clemency
Since January 2019, prisoners filed nearly 33,000 compassionate release motions, with the BOP supporting only 172. This approval rate of 0.52% highlights the difficulty of obtaining compassionate release.
Similarly, President Biden’s clemency grant rate is the lowest in 50 years, at 1.3%, excluding a mass marijuana possession pardon. This trend reflects the complex and politicized nature of clemency processes, which remain an unreliable path for inmates seeking relief.