Tag Archives: Crime Statistics

New Report On Firearms Offense Sentences Released

The United States Sentencing Commission issued a report on March 15th titled Mandatory Minimum Penalties for Firearms Offenses in the Federal Criminal Justice System.  This is the third publication in the Commission’s series on mandatory minimum penalties, including the 2017 Mandatory Minimum Overview and the 2017 Drug Mandatory Minimum Report.

Yesterday’s Mandatory Minimum Firearms report uses fiscal year 2016 data and focuses on firearms offenses, the second most common federal offenses carrying mandatory minimums after drug offenses.  The report analyzes two statutes carrying minimum mandatory penalties: (1) 18 U.S.C. § 924(c) (relating to using, carrying or possessing firearms in furtherance of a drug trafficking or crime of violence); and (2) 18 U.S.C. 924(e), the Armed Career Criminal Act.  The publication also addresses the impact of these statutes on the Bureau of Prison’s prisoner population.

Here are some highlights from the 81-page report:

1. Firearms mandatory minimum penalties continue to result in long sentences although they have decreased since fiscal year 2010.

2. Offenders charged with and convicted of multiple counts under section 924(c)received exceptionally long sentences as a result of the statutory requirement that the sentence for each count be served consecutively.

3. In addition, other charging and plea decisions also play a significant role in theapplication and impact of firearms mandatory minimum penalties.

4. Statutory relief under 18 U.S.C. § 3553(e) for providing substantial assistance to the government plays a significant role in the application and impact of firearms mandatory minimum penalties.

5. While the rate at which firearms offenders were convicted of an offense carrying a mandatory minimum has been stable, the number of offenders convicted of offenses carrying such penalties has decreased significantly since fiscal year 2010.

6. Firearms mandatory minimum penalties continue to impact Black offenders more than any other racial group.

 

 

Federal Bureau of Prisons Claims Its Inmates Have Better Mental Health Than The General Population

Three weeks ago the Government Accountability Office released a report to congressional committees titled Federal Prisons: Information on Inmates with Serious Mental Illness and Strategies to Reduce Recidvisim.

The Sentinel just reviewed it.

The report notes that an estimated 44.7 million adults in the United States suffered from mental illness in 2016, with about 10.4 million suffering from a serious mental illness, such as schizophrenia, bipolar disorder, major depression, and severe post-traumatic stress disorder.  As of May 27, 2017, BOP incarcerated about 187,910—BOP considered only 7,831 (4.2 percent) of these inmates to have a serious mental health illness.

For comparison sake, there are approximately 245 million adults in the United States.   Using the same criteria that the BOP does, 21.6 million Americans have serious mental illness.

BOP defines “serious mental illness” in accordance with BOP Program Statement 5310.16, Treatment and Care of Inmates with Mental Ilness. (May 1, 2014).

The BOP’s estimate seems shockingly low given that another division of the DOJ, the Bureau of Justice Statistics, in a 2006 Report, estimated that the prevalence of mental health problems among jail and prison inmates is much higher, being approximately 20% in prison and 21% in local jails.

At 21.6 million adults with serious mental illness – using the BOP’s own criteria – 8.8% of the general population suffer from it, yet in the BOP the number of inmates suffering with one is less than half that percentage.

Apparently, one must is more likely to find sanity among federal inmates than in one’s favorite local dining establishment.

Here are some highlights from the GAO’s report:

About two-thirds of inmates with a serious mental illness in the Department of Justice’s (DOJ) Federal Bureau of Prisons (BOP) were incarcerated for four types of offenses—drug (23 percent), sex offenses (18 percent), weapons and explosives (17 percent), and robbery (8 percent)—as of May 27, 2017. GAO’s analysis found that BOP inmates with serious mental illness were incarcerated for sex offenses, robbery, and homicide/aggravated assault at about twice the rate of inmates without serious mental illness, and were incarcerated for drug and immigration offenses at about half or less the rate of inmates without serious mental illness. GAO also analyzed available data on three selected states’ inmate populations and the most common crimes committed by inmates with serious mental illness varied from state to state due to different law enforcement priorities, definitions of serious mental illness and methods of tracking categories of crime in their respective data systems.

BOP does not track costs related to incarcerating or providing mental health care services to inmates with serious mental illness, but BOP and selected states generally track these costs for all inmates. BOP does not track costs for inmates with serious mental illness in part because it does not track costs for individual inmates due to resource restrictions and the administrative burden such tracking would require. BOP does track costs associated with mental health care services system-wide and by institution. System-wide, for fiscal year 2016, BOP spent about $72 million on psychology services, $5.6 million on psychotropic drugs and $4.1 million on mental health care in residential reentry centers. . . .

DOJ, Department of Health and Human Service’s Substance Abuse and Mental Health Services Administration (SAMHSA), and criminal justice and mental health experts have developed a framework to reduce recidivism among adults with mental illness. The framework calls for correctional agencies to assess individuals’ recidivism risk and substance abuse and mental health needs and target treatment to those with the highest risk of reoffending. To help implement this framework, SAMHSA, in collaboration with DOJ and other experts, developed guidance for mental health, correctional, and community stakeholders on (1) assessing risk and clinical needs, (2) planning treatment in custody and upon reentry based on risks and needs, (3) identifying post-release services, and (4) coordinating with community-based providers to avoid gaps in care. BOP and the six states also identified strategies for reducing recidivism consistent with thisguidance, such as memoranda of understanding between correctional and mental health agencies to coordinate care. Further, GAO’s literature review found that programs that reduced recidivism among offenders with mental illness generally offered multiple support services, such as mental health and substance abuse treatment, case management, and housing assistance.

The Sentinel has been unable to identify any actual programs within the BOP which currently address anything like housing and case management (halfway house programs excluded as these are being severely cut back in 2018).

One inmate with previously diagnosed “serious mental health issues” presently in the BOP’s care, speaking on the condition of anonymity, relayed to the Sentinel that after several attempts to seek care, he was finally placed with an inexperienced intern who dismissed his ongoing and worsening problems with the suggestion that he take longer showers because, “…that always helps me unwind.”

He also reports that shortly after receiving that sage advice, the BOP instituted a nationwide policy electronically limiting shower duration to 7 minutes as a part of a deal to save money.

The Sentinel has confirmed this policy change.

The recently appointed Director of the BOP, General Mark Inch, could not be reached by the Sentinel for comment, but a review of the United States Army’s overall care of inmates during his tenure as Provost Marshal gives some hope that things will improve during his term.

Crime Rate Falls In 2017

A year-end analysis of by the Brennan Center for Justice, titled Crime in 2017: Updated Analysis, directly undercuts any claims that there is a nationwide crime wave.  According to the report, “[a]ll measures of crime in the 30 largest American cities—the overall crime rate, violent crime rate, and murder rate—are estimated to decline in 2017,” although there are some cities where violence has increased, like Chicago and Charlotte.   Here are some key findings of the Brennan Center’s analysis:

  • The overall crime rate in the 30 largest cities in 2017 is estimated to decline slightly from 2016, falling by 2.7 percent.
  • The violent crime rate will also decrease slightly, by 1.1 percent, essentially remaining stable.
  • The 2017 murder rate in the 30 largest cities is estimated to decline by 5.6 percent. Large decreases this year in Chicago (down 11.9 percent) and Detroit (down 9.8 percent), as well as small decreases in other cities, contributed to this decline. New York City’s murder rate will also decline again, to 3.3 killings per 100,000 people.
  • Some cities are projected to see their murder rates rise, including Charlotte (54.6 percent) and Baltimore (11.3 percent).

Federal Civil Rights Commission Supports Bipartisan Sentencing Reform Bill

On October 13, 2017, the United States Commission on Civil Rights issued a Statement supporting certain provisions in the Senate’s bipartisan Sentencing Reform and Corrections Act of 2017.  The bill proposes to reduce mandatory minimum sentences for certain nonviolent offenses, restore judicial discretion in sentencing in more cases, move sentencing levels down in many cases so that low-level crimes are adequately but not excessively punished, and make retroactive sentencing reductions in crimes involving crack cocaine prior to the Fair Sentencing Act of 2010.  U.S. Civil Rights Commission Chair Catherine E. Lhamon said,

The sentencing reduction provisions in this legislation are necessary to hew closer  to the fair administration of justice in our country, and ensure that the criminal justice system does not more harshly judge marginalized communities without basis. I urge Congress to take swift action to correct these injustices.

Established in 1957 by the Civil Rights Act, the Commission on Civil Rights is the only independent, bipartisan federal agency charged with advising the President and Congress on civil rights matters and issuing an annual federal civil rights enforcement report.

U. S. Commission On Civil Rights Calls For Sentence Reform

On October 13, 2017, the United States Commission on Civil Rights issued a Statement supporting certain provisions in the Senate’s bipartisan Sentencing Reform and Corrections Act of 2017.  The bill proposes to reduce mandatory minimum sentences for certain nonviolent offenses, restore judicial discretion in sentencing in more cases, move sentencing levels down in many cases so that low-level crimes are adequately but not excessively punished, and make retroactive sentencing reductions in crimes involving crack cocaine prior to the Fair Sentencing Act of 2010.  U.S. Civil Rights Commission Chair Catherine E. Lhamon said,

The sentencing reduction provisions in this legislation are necessary to hew closer  to the fair administration of justice in our country, and ensure that the criminal justice system does not more harshly judge marginalized communities without basis. I urge Congress to take swift action to correct these injustices.

Established in 1957 by the Civil Rights Act, the Commission on Civil Rights is the only independent, bipartisan federal agency charged with advising the President and Congress on civil rights matters and issuing an annual federal civil rights enforcement report.