Jackson Lee says her bill not for white-collar felons

By KATHRINE SCHMIDT
Copyright 2007 Houston Chronicle Washington Bureau

WASHINGTON � Rep. Sheila Jackson Lee told a House committee Thursday that her proposal to slash prison time for older, nonviolent federal inmates was not intended to benefit child pornographers or white-collar criminals.

"This is not a bill to give comfort to the Jack Abramoffs of the world," the Houston Democrat said Thursday at a hearing before a House Judiciary subcommittee. Abramoff, a former Washington lobbyist, pleaded guilty in January of 2006 to charges of conspiring to bribe members of Congress.

Jackson Lee criticized the Houston Chronicle for its "interpretation" of her bill in an article on Thursday.

The Chronicle reported that the measure, as originally written, could result in the early release of white-collar felons such as Abramoff, Houston oilman Oscar Wyatt and former Enron executives Jeffrey Skilling and Andrew Fastow.

"This is not an effort to focus on certain heinous crimes," Jackson Lee said. "It is an effort to address the question of recidivism, bring crime down and make our communities safer."

She said her measure would be a first step to help criminals reintegrate into society and ease mounting incarceration costs.

The bill would cut in half prison time for all inmates convicted of nonviolent offenses older than 45, had served at least half their sentence, and behaved well behind bars.

Committee Republicans and North Dakota U.S. Attorney Drew Wrigley opposed the bill.

[I suppose it is only natural that the Democrats adopt the vocabulary of some Texas state legislators in seeking ways to decriminalize. After all, for the last 2-3 sessions, we have been hearing how reducing punishments and releasing criminals early is "reform." Somehow, letting crooks go has come to mean improved results. It is upside-down talk. Call it what it is: weak.]

"It is an effort to address the question of recidivism, bring crime down and make our communities safer."

Can someone explain to me how releasing criminals earlier makes recidivism less likely, or in what way putting more convicted criminals on the street tends to bring crime down. And is there a poll somewhere that says releasing criminals into society makes communities safer? Where is she getting this?!?!

Here are some guesses:

Recidivism - Too long in the pen makes you unemployable and it also extends your exposure to bad people.

Lower Crime - Perhaps young people do more crime so removing older folks from prison frees up more beds to lock up the younger people?

Safer Communities - Violent criminals are more dangerous so removing non-violent folks from prison frees up beds to lock up the violent people.


Bonus Logic Pretzel: Prisoners age 45+ who are also parents are likely to have teenage or young adult children who may be influenced by the parent prisoner to stay out of trouble and avoid prison.

I have not seen the bill, but does it retroactively change the sentence for persons of a certain age and crime category, or act only prospectively? In either event, is it essentially just an arbitrary determination of who is most likely to be dangerous if released? Surely it does not say that if you commit a particular crime at a particular age the penalty is less than otherwise.

Early release for nonviolent offenders proposed
Jackson Lee's bill could aid Skilling, Fastow, Wyatt and thousands of other federal prisoners
By MICHELLE MITTELSTADT
Copyright 2007 Houston Chronicle Washington Bureau


WASHINGTON Drug traffickers, white-collar criminals, corrupt congressmen and thousands of other federal inmates could see their prison time slashed in half if legislation drafted by Rep. Sheila Jackson Lee becomes law.

The House Judiciary crime subcommittee on Thursday will examine a bill by the Houston Democrat that would mandate early release for federal inmates convicted of nonviolent crimes if they are 45 or older, have served at least half their sentence and have not engaged in violent conduct behind bars.

Jackson Lee described her legislation as a way of returning nonviolent offenders to society so they can be productive citizens, help their families and reduce spiraling incarceration costs.

"This legislation is to reward good behavior," Jackson Lee said in an interview. "It is a process intended to protect the public as well as to provide some relief for the families and these individuals who can be adjudged rehabilitated or ready to be released in some form."

High-profile Houston cases

Jackson Lee's proposal could free some high-profile, white-collar criminals from prison early. Among the possible beneficiaries: former Enron executives Jeffrey Skilling and Andrew Fastow, disgraced lobbyist Jack Abramoff, recently convicted Houston oilman Oscar Wyatt and, according to federal Bureau of Prisons estimates, as many as 12,400 others.
Some civil rights advocates have argued that a 1984 law establishing mandatory minimum sentences, aimed primarily at drug offenders, has resulted in harsh penalties for thousands of minority citizens.

House Republicans oppose the bill, which would undo the sentencing structure that Congress imposed in 1984 when it effectively ended parole in the federal prison system and required that most offenders serve at least 85 percent of their sentences.

"Democrats should think long and hard before supporting a bill that would severely damage our criminal justice system and could have catastrophic effects on society as a whole," said Rep. Randy Forbes of Virginia, the top Republican on the crime subcommittee.

Many could benefit

Forbes said the bill would require the release of about 6 percent of the 200,148 federal inmates currently imprisoned.
"That means criminals convicted of fraud, civil rights violations, immigration violations, or even the sexual solicitation of a minor would receive early release from prison," he said. "Even Skilling would be eligible for an early release."

The Bureau of Prisons and Justice Department declined comment on the proposed legislation. But a House Republican aide familiar with the bill, speaking on condition of anonymity, said arsonists, embezzlers, burglars, money launderers and people convicted of possessing child pornography also could potentially benefit.

Under the federal definition of what constitutes a violent crime, only inmates convicted of murder, rape, robbery, aggravated assault and non-negligent manslaughter would fall under the violent offender category exempt from Jackson Lee's bill, according to GOP aides.

Though Jackson Lee said inmates would have to go through a strict vetting process, her legislation does not establish guidelines, essentially mandating the release of all inmates who fit the age, time served and nonviolent crime criteria.

Jackson Lee described her legislation as a first draft and said she would be happy to work with Republicans or others who have concerns about the measure or wish to limit its impact. "I am willing to compromise," she said.

But the GOP aide suggested there was little room for common ground.

'Ready to listen'

Jackson Lee expressed some consternation that Republicans are criticizing the bill even before it gets a hearing Thursday.
"I'm ready to listen to them. Why don't they wait and listen to the testimony?"

Having a hearing on the bill is a "great first step," Jackson Lee said, adding that she will later push for the Judiciary Committee to approve the legislation.

[Does anyone remember how the public applauded the new federal sentencing guidelines because they abolished parole? Hmm, I guess we forgot about all that. So, now, the defendant will be eligible for release from a sentence that was set with the expectation that there would be no early release. Yeah, that sounds fair.]