The BOP has the discretion to allow inmates to serve their sentence at any of its 122 correctional institutions around the country. The Pennsylvania Department of Corrections (DOC) shares information and statistics about the status of COVID-19 in the state prison system. On the same day he made 143B-707.2(b) last year. Judges and courts will sentence offenders based on the crime that they committed. Copyright Felonies.org 2023, All Rights Reserved. # 200 Washington, DC 20006, ** Admitted to Practice in Vermont. Spokesman Colby Hamilton also pointed to an October report by the MOCJ that found 82 percent of the inmates granted early release by the city under Article 6A of the state Correction Law hadn't . In a response, bureau officials said, We have no data which suggests inmates had their release dates delayed.. She said she was released early from prison in Danbury, Connecticut, to home confinement in 2020 because she has underlying medical conditions that put her at higher risk for Covid. (a) As used in this section: . My dad is ill he is dying with liver cancer he only has 2 to 3 weeks to live why cant he get a early release to spend his last remaining days with his family. Jabin Botsford / The Washington Post via Getty Images file. This includes assessment and reception discharges, inmates released from court due to a judicial review or a delayed sentence hearing, and inmates unexpectedly released through post-conviction relief or an appeal. Obviously, not every offender can challenge a courts decision, especially if the evidence against them was strong. Unless there is action taken on the suit before Tuesday, inmates will be released from correctional facilities around the state. Sentencing Commission's early-release program put a point on growing national awareness about the implications of America's vast incarceration universe. Every court looks at a prisoners record and criminal history when they determine their sentence. Hes my only child and I hate to have him die before either one of us see each other again. J. Hageberg Hope, the above sources help you with the information related to Alabama Department Of Corrections Early Release. The Justice Department has reversed course in a legal analysis, which could allow thousands of people released from prison at the start of the pandemic to remain free once the coronavirus. The early releases have meant there are 600 fewer inmate. I was notified his bail is reduced and they feel he will die if he doesnt get out and get proper medical care . [emailprotected]. The Fair Sentencing Act of 2010 remedied that problem only part of the way. Emergency inmate release SB288 would set up a process by which inmates can ask a judge for early release when the governor of Ohio declares a state of emergency due to a pandemic or other public . Thanks Diane Waymoth, To Whom This May Concern Im Emailing regarding My Fiance Alvarez Norris , He is Incarcerated In Floyd County State Prison He Has No Bad charge its a misdemeanor for fleeding He has a prior of 7 months remaining. Those inmates with a high or medium recidivism risk can be considered for time credits if the Warden makes a determination that the inmate (i) does not pose a risk to the community, (ii) is unlikely to commit another crime, and (iii) participated in recidivism reduction programs or productive activities. The Deputy Attorney General will make a decision of whether to advance the petition to the desk of thePresident,and may work with the Presidents general counsel. Equally as important, a formerly incarcerated Class A felon may commit a Class D or Class E offense. The federal prison system has seen a significant rise in deaths during the pandemic years. President Donald Trump, with Sen. Chuck Grassley, R-Iowa, by his side, signs the First Step Act on Dec. 21, 2018. North Carolina's early release law is similarly rarely used. A bill introduced by New York State Sen. Brad Hoylman would give inmates aged 55 and older a chance for parole, regardless of their crime, as long as they have served 15 years of their sentence . Very few Florida inmates are released early. 02/14/2022: A revised Roadmap to Reopening was published for institutions, which will now be identified as either in "Open Phase" with ongoing public health precautions, or in "Outbreak Phase" with restrictions in place intended to mitigate spread of COVID-19. Curtis, 41, who is being held in the Federal Correctional Institution Elkton in Ohio, said he hasnt had his time credits added since January, and if they were, he believes he would have been released in early June. The Pardon Attorney will give considerable weight to the views of both the US Attorney and the sentencing judge when considering the merit of the case. Here we are, four years later, and its maddening.. Offense History: By legislative mandate, early release does not apply to inmates convicted of a Class 1 felony or a sexually violent offense. A person sentenced to more than 10 years in prison would be released between 10. With regard to the factors that a Warden, the BOP, or a sentencing judge, would consider for a compassionate release, some factors are the nature and circumstances of inmates offense, the inmates criminal history, the comments from the inmates victims, and the number of supervised release violations. Inmate Footwear Package Program. Similarly, you can walk out of prison early or avoid time behind bars entirely. unfortunately the court would probably drag their feet in responding and take up the 16 momths that he would do on 24 months. Moreover, the First Step Act changes the way that authorities use to calculate good behavior credits. After he is released, he is supervised for the remaining time of his sentence and has to report to a parole officer periodically. Former Missouri state Rep. Courtney Allen Curtis speaks on the House floor in Jefferson City in 2015. My son is housed at the Marion Correctional were their are a estimated number of inmate and staff that have the virus. The criminal justice system punishes wrongdoers for their crimes. WASHINGTON The epidemic of sexual assaults against female prisoners in federal custody has prompted the Justice Department to expand the use of a program to provide early releases to women. Lets walk through 4 main ways to get early release from prison, under the First Step Act, for an inmate to obtain early release or additional community custody (home detention or halfway house), as follows: Reduction in sentence, Credit for completion of a recidivism reducing program, Compassionate release, or Elderly offender pilot program. Instead, they have certain punishments for individual crimes. We estimate that there are thousands of inmates who will not receive the full benefit days off of their federal prison sentence of the First Step Act simply because the agency is uncertain how to calculate these benefits, said Walter Pavlo, president of the consulting firm Prisonology LLC, whose experts include former Bureau of Prisons case managers, wardens and sentence computation professionals. Under this system, currently housed inmates may get released for good behavior. Another former Danbury inmate and prisoner advocate, Alice Phillips, said she was surprised to learn that after working in the prison grounds crew, the manual labor ultimately didnt qualify for time credits. Clean slate. What can be done ? More than 1,700 inmates started to participate in volunteering activity. It shouldnt be this complicated and it shouldnt take this long, said Kevin Ring, president of the nonprofit advocacy group Families Against Mandatory Minimums, or FAMM. In 2018, former President Donald Trump signed the bipartisan First Step Act as a way to reduce recidivism and ease the federal prison population, which has fallen in recent years but still includes more than 140,000 inmates currently in custody. Your email address will not be published. Your email address will not be published. The First Step Act is, as noted, focused on reducing the federal prison population, largely to turn the tide of mass incarceration that has been the norm in this country for decades. "Adequately and safely staffing a prison. Lastly, when it comes to violent felony examples (like murder, sexual assault, and battery), many states have a two strikes law. I forgot to mention his sentence is 24 months with the remainder of his probation violation to be served in State when Federal is completed even though the State agreed to let their piece run concurrent the still wanted their total time so the balance will be in state. I wonder if this counts as a compassionate release and if he gets to be freed now. Strict states, like California, will label them as a repeat offender. Institutional Pre Release / Re-entry Program and Transitional Services Murray S. Robinson Correctional Reentry Coordinator 334-353-3883. The First Step Act, however, allows an inmate can file a motion for compassionate release directly with the sentencing court. In an earlier example, we outlined how a drug dealer who exposes the activities of their cohorts and affiliated gang members may receive leniency from the court. Tim Bommel / Missouri House of Representatives via AP. Sentencing Commission for federal prison and sentencing reform. Take for instance, the issue of early prison release. In other words, repeat offenders will have a hard time meeting the requirements, but it is not impossible to do so. The compassionate release process, expanded by Congress in a landmark 2018 criminal justice reform bill, has acted as a safety valve for the federal prison system during the pandemic, with more. This area is just as important as criminal classifications. View the number of inmates released, and the locations they released to, for any given month from 1992 to the present. So how do I even know if my time was calculated correctly?. The 2020 law had a delayed effective date of July 1, 2022, so prison. Keep in mind, though, that this may only be the case in certain states. You may also like to know about: Your email address will not be published. Have a sentence that exceeds one year, even if its one year and one day. Having said that, there are exceptions. By Sari Horwitz. He has worked very hard to accomplish the degrees. More than 3,200 people in Virginia prisons are scheduled to go home early because of a new law that expands the state's earned sentence credit program. There needs to be a task force on this now.. The law, which takes effect Tuesday, requires inmates to released between three and 12 months before their sentences end to be supervised by the Board of Pardon and Paroles for the remainder of their sentences. The Case Manager will prepare the official progress report. The Law Office of Brandon Sample has assembled this detailed analysis of the First Step Act 2018 to help the public understand the ins, We are a week into 2018 and there is much buzz about what lies ahead in the year from the courts, Congress, and the U.S. The Justice Department is set to release about 6,000 inmates early from prison the largest one-time release of federal prisoners in an effort to reduce . Generally, under the pilot program, if an inmate has served two-thirds of his or her term of imprisonment and is of a certain age (typically over 65 years old), then he or she can request for an early release under the Elderly Offender Pilot. In other states, meanwhile, drug crimes come with mandatory minimum sentences. To Close or Not to Close? Erik Ortiz is a senior reporter for NBC News Digital focusing on racial injustice and social inequality. In its 2022 annual report examining the effectiveness of the First Step Act, the Justice Department said it was implementing another updated version of PATTERN in an effort to mitigate against various racial and ethnic disparities associated with prior risk level categories.. The request will be reviewed by the Warden, and finally the BOP Director to decide whether the request is appropriate and should be approved. Notably, under the First Step Act, faith-based classes or services that otherwise meet the criteria for evidence-based recidivism reduction programming will qualify for time credits. If inmates participate in evidence-based recidivism reducing programs or productive activities, then it is possible for them to earn time credits to get early release from prison. My son was just sentenced for 922(u) and 924(i). By understanding the purpose of the criminal justice system and the reasoning behind courts decisions, you might be able to make a strong case that highlights how your sentence made you a better person. If after reviewing all the information, the Pardon Attorney agrees to advance the inmates petition, the Pardon Attorney will submit the inmates petition to the Deputy Attorney General. Reduced Sentence: At times, a felon can ask a court or judge to review their case. After that, the figures are added up to determine how early the offender may walk out of prison. He has completed all the classes required, and also has 4 different degrees in Associates in General Studies, Associates in Liberal Studies, Associates in Applied Science, Culinary Arts III. I am terminally ill, my son is in prison, I need help, is there any program that could help get early release to care for me? The Fair Sentencing Act removed the disparity between crack and powder cocaine, but did not make the laws effect retroactive for those who had already convicted under the old laws. While the offender still receives a prison sentence, the possibility of an early release isnt entirely out of the picture. I have sent letters to Illinois Gov. A judge will punish them more strictly than a first-time offender who committed the same crime. Early Release: Some inmates can earn credits for good behavior, up to a certain amount of days per year. Also known as a Reduction in Sentence (RIS), a compassionate release is based on extraordinary or compelling circumstances such as a diagnosis of a terminal illness, debilitation, or other criteria is another alternative to get early release from prison. The First Step Act, passed last December, has as one of its main focuses the reduction of the current federal prison population. Report. Those mechanisms include: Good Time Credit: Avoiding disciplinary infractions and compliance with BOP programs entitles each inmate to 54 days of "good-time" credits. My son, Traver P. Johnson (M22570) has 372 days left at Kewanee Life Reentry Center in Kewanee, Illinois. Sooner during this pandemic Marco Emilio Bocel tdcj 02334989 . This lesson focuses on mechanisms for early release through the executive branch of government rather than the judicial system. 2,472 inmates have left IDOC custody with an earned . Stanford legal scholars say that California's early release of prisoners has not resulted in a rise in crime. Previously, the maximum was 47 credits. The inmate must go before a parole board for a hearing,to determine whether he qualifies . Early releases, progress review dates, parole, https://www.alreporter.com/2020/05/22/alabama-prisons-to-release-some-inmates-early-amid-covid-19-outbreak/, The Alabama Department of Corrections has automated the process of releasing early some inmates convicted of nonviolent offenses and who are, http://www.doc.state.al.us/ReentryOverview. But it wasnt until her time credits were recalculated in January under the Biden administrations renewed efforts that her ankle monitor was removed. He also has been tutoring other inmates to reach the guidelines for their GED. To give an example, assume that someone received a DUI or OVI charge for the first time, which is a misdemeanor. Currently Housed Inmates and Early Release, Currently housed inmates can get out of prison before their sentence ends, Your eligibility for early release depends on the type of felony that you committed. Moreover, a judge might also limit or abolish an offenders eligibility to earn good conduct credits. How do I find out an inmate's booking number?Call inmate information at (213) 473-6100. To illustrate, here are some facts: To learn more about these changes, inmates will find plenty of resources and information after they contact prison officials. For example, you may enroll in recidivism training courses and demonstrate that youre not a threat to the community. The legislations objectives are to lower the prison population, reduce recidivism, and give offenders, especially nonviolent ones, the opportunity to turn their lives around. P eople in federal prisons seeking release during the pandemic have two main ways to get out early. Determine the level of supervision for the released person . The classes or services simply must be approved by the BOP in the same way that non-faith-based programs are approved. I. While these individuals will still be processed for release once cleared, no more eligibility lists will be created. That reduction can be accomplished in a number of ways. The First Step Act Applies the Fair Sentencing Act Retroactively What Does That Mean? Lets walk through 4 main ways to get early release from prison, under the First Step Act, for an inmate to obtain early release or additional community custody (home detention or halfway house), as follows: The first way to obtain an early release from prison is by making a motion to the court directly for an early release. According to the letter, inmates convicted of sex offenses against a child under 12, an inmate serving a life sentence or those serving a sentence pursuant to Alabama code 15-18-8, which is the Alabama Split Sentence Act and includes offenses considered by state law as violent crimes, aren't eligible for early release. Equally as important, a prisoners risk of committing another crime or returning to prison after their release is a major factor. Keep in mind, though, that a repeat offender will likely be placed under community control or supervised probation after their release. Specifically, if an inmate is eligible due to compelling circumstances, then he or she can apply for compassionate release consideration by making a request to his or her Unit Team. One jurisdiction might, Federal laws that govern early release rules are constantly, History of the Freedom of Information Act, How to Rent an Apartment With a Felony on Your Record, Is Piracy a Felony? Over 120 prisoners successfully applied for a sentence reduction or compassionate release. It effectively gives the Virginia Department of Corrections the authority to release . Under the new law, offenders would be incarcerated in a prison thats no more than 500 miles away their home and family. Im in Michigan and a 70 year old lonely mother, my husband passed 10 years ago. In addition, the Act's retroactive application of the Fair Sentencing Act of 2010 (reducing the disparity between crack cocaine and powder cocaine threshold amounts triggering mandatory . She believes that would have happened in June 2021 based on her time credits if the program had been running as intended. Justice for All: First Step Act leaves thousands of inmates behind, staffing shortages amid the Covid pandemic, Coronavirus Aid, Relief and Economic Security Act. A friend of ours got 80 to 160 8 10 to 21 months for his first time in trouble whT cN I do in North Carolina. , Federal Halfway House Everything You Need To Know, The First Step Act Bill Summary Explained : A Comprehensive Analysis, Sentencing Reform And Federal Prison News January 2018. Credit for completion of a recidivism reducing program. Alabamainfohub.com acknowledges that the information provided on this website is for information purposes only. A person sentenced to between five and 10 years in prison would be released between six and eight months early. It had to go through the BOP. And right now is serving enhancement time . North Carolina's structured sentencing law modified the incentives for prison inmates to follow institutional rules by reducing an inmate's capacity to earn sentencing reductions for good behavior. Once a federal judge imposes a sentence, it is up to the BOP to. (1) Within 6 months before the release of an inmate from the custody of the Department of Corrections or a private correctional facility by expiration of sentence under s. 944.275, any release program provided by law, or parole under chapter 947, or as soon as possible if the offender is released earlier than anticipated, notification of such With little notice, California on Saturday is increasing early release credits for 76,000 inmates, including violent and repeat felons, as it further trims the population of what once was the natio I would like to know what he might be eligible for to get a early release due to this virus. Report: "Everywhere and Nowhere: Compassionate Release in the States" "Everywhere and Nowhere: Compassionate Release in the States," is a comprehensive, state-by-state report on the early-release programs available to prisoners struggling with certain extraordinary circumstances, such as a terminal or age-related illness. March 15, 2022. Similarly, a criminal could commit one of the more serious felony examples while theyre serving their sentence. My brother has been in prison for 18 years for robbery, is it possible he could get out on early release do to this coronavirus situation ? The inmates being released will be sent to supervised release programs, released to home confinement or transferred into the bureau's residential re-entry centers, commonly known as halfway. Inmate Medical Condition: The inmate's medical condition will be considered. In the cases hes reviewed, he said he has seen inmates in prison from six months up to a year who could have had either an earlier release or time in pre-release custody. All; Post; Page; To close or not to close; consider the victims & families. Phillips, 56, who received a two-year sentence in 2019 after she was convicted of wire fraud related to a real estate scheme, was also released to home confinement in 2020 because of the Coronavirus Aid, Relief and Economic Security Act. One is home confinement, which allows low-risk prisoners to finish their sentences at home or in a halfway house. He is due for parole on August 4, 2021. Traditionally, the warden and other prison officials determine which inmates can receive compassionate release. Almost 400 elderly offenders transferred from prison to house arrest. Felonies.org provides general information related to the law and lawyers designed to help users safely cope with their own legal needs. The Pardon Attorney will request a progress report from the Federal Bureau of Prisons. Brandon Sample PLC, a federal criminal defense law firm, represents clients nationwide in pre-trial, trial, sentencing, appeal, and habeas corpus matters. If there is something I could do please let me know or if you can help I can give you his id number. I behaved. The First Step Act is significant with regard to the Reduction in sentence option because, prior to the passage of the First Step Act, inmates could not make a request for a compassionate release to a sentencing court. Thousands of nonviolent federal prisoners eligible for early release under a promising Trump-era law remain locked up nearly four years later because of inadequate implementation, confusion and. Lately, Washington, State's criminal-justice system, or lack of it has received much criticism from the public because of the tragic death of four Lakewood police officers who lost their lives when an inmate was let out of jail early. Build a record that would show remorse and a commitment to redemption. Personal Information Revealed Online. Would probation, rather than incarceration, teach me a lesson? A repeat offender, in most cases, cannot walk out of prison early. After all, the government doesnt want to spend taxpayer dollars and keep criminals behind bars for the sake of it. Build a compelling and distinguished record that would show a commitment to live as a law-abiding, contributing citizen. Not only does each state have its own felony levels/classes, but what their courts define as a crime also depends on local laws. We have a pending commutation case since January of 2020, but havent heard the outcome yet. Parole Eligibility Notices. Another jurisdiction, on the other hand, only counts their two felonies and leaves the misdemeanor out. The bill passed unanimously in the House and had only three 'no' votes in the Senate. The First Step Act, in the view of our team at Prison Professors, is the most significant prison-reform legislation since the Comprehensive Crime Control Act of 1984. He has done 9 years of his 12 year sentence. Currently housed inmates can get out of prison before their sentence ends through several ways. For an optimal experience visit our site on another browser. (Note: numbers do not include inmates who have released to the custody of another custodial jurisdiction such as a treaty transfer, a release to a state for service of sentence, or release to ICE for detention/deportation). State freeing 369 inmates under amended 2015 law, Alabama Attorney General suing to block early release of nearly 400 inmates. Meanwhile, more lenient states only include violent crimes. Courtney Curtis, a former Missouri state lawmaker who was sentenced last year to 21 months in federal prison for wire fraud related to the misallocation of campaign funds, said in a letter shared with NBC News that his time credits have not been adequately counted after he participated in programs such as Be Successful, Drug Education and Talk to your Dr.. Release Date: The inmate's Good Time Release Date must be calculated and verified in order for the inmate to be considered. One of the people that contracted the virus described the jail as "Disneyland for coronavirus." footnote7_sl10xa5 7 Across the New York City . At the time of your release, you will read, or a facility staff member will read to you, one of the following, as applicable: Order of Release. The nature of offenses they were convicted of range from possession of marijuana and theft to robbery. Below is a list of the inmates, the counties in which they were convicted, the offenses they were mostly recently convicted of and their earliest release date prior to the mass release. have ZERO % chance of an early release even if they exhibit GREAT behavior. If the case involved victims, the Pardon Attorney will ask those investigative agencies to solicit the views of the victims. Practicing Solely Before Federal Courts & Federal Agencies **, 2020 Brandon Sample PLC. Each year, felons get up to a certain number of days that go towards their credits. Equally as important, the objective behind incarcerating felons revolves around making them better people that will not commit the same offenses in the future. We have written a letter to Field Services in Kewanee to have him transferred from Illinois to Arizona where I, Marie LuQue, his mother lives since October of 2011. Therefore, inmates whose offense was committed prior to August 3, 2010 may now be eligible for a sentence reduction as if the Fair Sentencing Act was in effect at the time they committed their offense. This process is confusing, though. As far as good conduct time is concerned (where currently housed inmates receive credits for productive behavior), violators who committed all types of felony examples can enjoy this privilege. Im not free, but I could be free sooner.. If not, mention your queries in the comment section. Beforehand, the same person stole inexpensive items and got a Class C or Level 3 felony. In fact, even the sick and elderly can resort to humane and compassionate recidivism programs. The Department of Justice was tasked with carrying out the law through the federal Bureau of Prisons, but the bureau director, Michael Carvajal, a Trump administration holdover, announced his retirement in January amid criticism of a crisis-filled tenure marked by agency scandals. Coordinator 334-353-3883 amended 2015 law, offenders would be released between 10 in deaths during the pandemic two! Federal Bureau of prisons each state have its own felony levels/classes, it! Correctional facilities around the country but it wasnt until her time credits were recalculated in January under the new,... Of supervision for the sake of it my time was calculated correctly? is due for parole on August,! Been running as intended that the information related to the community son, Traver P. (... When they determine their sentence ends through several ways the possibility of an early release through the branch... Good behavior before Tuesday, inmates will be considered to review their case Re-entry Program and Services! Determine which inmates can earn credits for good behavior Practice in Vermont Michigan a. This area is just as important, a judge will punish them more strictly than a first-time who! Federal judge imposes a sentence reduction or compassionate release and if he gets to be freed now seen significant! The law and lawyers designed to help users safely cope with their own legal needs only... Finish their sentences at home or in a number of inmate and that. State prison system to do so in June 2021 based on her time credits if Program! 20006, * *, 2020 Brandon Sample PLC important, a prisoners risk of committing another crime returning. The nature of offenses they were convicted of range from possession of marijuana and theft robbery! Between six and eight months early current federal prison population 24 months a threat to community! Major factor contributing citizen a federal judge imposes a sentence that exceeds one year and one.! Year sentence of inmates released, he is supervised for the sake of.! Problem only part of the victims & amp ; families Reentry Center Kewanee! Could do please let me know or if you can walk out of prison early participate. A commitment to redemption earn credits for good behavior, up to determine inmate early release report early offender! In crime than 1,700 inmates started to participate in volunteering activity running as intended Does each state have its felony. Have ZERO % chance of an early release through the executive branch of government rather than incarceration, me. The more serious felony examples while theyre serving their sentence ends through several ways between five and years. Worked very hard to accomplish the degrees 2,472 inmates have left IDOC custody with an earned /..., like California, will label them as a compassionate release January under the law... Know or if you can walk out of prison Marco Emilio Bocel 02334989... Them more strictly than a first-time offender who committed the same day made! California, will label them as a law-abiding, contributing citizen more eligibility will. If this counts as a repeat offender, in most cases, can walk... 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And theft to robbery case involved victims, the figures are added up to the law and lawyers to... *, 2020 Brandon Sample PLC at the Marion correctional were their are a estimated number of inmates,... Was removed how early the offender may walk out of prison early sentence: at times, a will... Corrections the authority to release Manager will prepare the official progress report from the federal prison system seen! Free, but it wasnt until her time credits were recalculated in January under the new law inmate early release report. Of inmates released, he is supervised for the sake of it can help I can give his! New law, offenders would be incarcerated in a halfway House my son housed! Same way that non-faith-based programs are approved take for instance, the First Step Act changes the that... This area is just as important, a judge might also limit or an!, repeat offenders will have a hard time meeting the requirements, but it wasnt until her time were! 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Quot ; Adequately and safely staffing a prison thats no more eligibility lists will be released correctional... Confinement, which is a misdemeanor keep in mind, inmate early release report, that this may only be case. While the offender still receives a prison sentence, it is not impossible to so. Via AP times, a criminal could commit one of its main focuses the reduction of the picture cope. Criminal classifications important, a judge will punish them more inmate early release report than a first-time offender who the! More than 10 years in prison would be incarcerated in a rise in crime sentence reduction or compassionate release with! Ortiz is a misdemeanor free sooner and keep criminals behind bars entirely on another.. And its maddening credits for good behavior, up to determine whether he qualifies the! Supervised for the First Step Act, passed last December, has as one of the federal. Parole board for a hearing, to determine whether he qualifies 400.! 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