BLOG

The United States Sentencing Commission passed an amendment that will allow approved individuals who are serving long sentences to be released early.

Amendments To The Sentencing Guidelines

An amendment which would allow certain individuals who are currently serving long-term prison sentences to be considered for early release was approved by the United States Sentencing Commission. It says that courts may reduce a term of imprisonment if “extraordinary and compelling reasons warrant a reduction, and such a reduction is consistent with applicable policy statements issued by the Sentencing Commission.”

Congress asked the Commission to describe what types of reasons might make an imprisoned eligible for early release. They responded with:

• The addition of two subcategories to the “Medical Circumstances of the Defendant” ground for relief. This is largely for individuals who are at risk of serious deterioration in health or death.
• The addition of three subcategories to the “Family Circumstances” ground for relief.
• A new subcategory titled “Victim of Abuse”. This could apply if a defendant suffered sexual or physical abuse that was committed by or at the direction of a correctional officer, an employee or contractor of the BOP, or any other individual having custody or control over the defendant.
• A new ground for release titled “Unusually Long Sentence,” which permits a judge to consider a non-retroactive change in sentencing law as an extraordinary and compelling reason in specified circumstances.

The amendment goes into effect in November 2023. Learn more.

What Employers Should Know

Employers should be aware of the Second Chance Movement, which is intended to help formerly incarcerated individuals gain new opportunities to rejoin society. This amendment could allow people to shorten lengthy sentences and attempt to move on with their lives.

When employers are hiring employees or contractors, an important part of the process is running comprehensive background checks. These reports help organizations make informed decisions, maintain safe workplaces and demonstrate due diligence. If a report on an applicant includes a criminal record, the employer may be asked to conduct an assessment to determine if it warrants an adverse action, such as denial of employment.

For more about adverse actions, read our recent blog entry.

About The U.S. Sentencing Commission

The Commission is an independent agency in the US judicial branch of government. It is a “bipartisan, independent agency located in the judicial branch of government.” Congress established the Commission in 1984 to “reduce sentencing disparities and promote transparency and proportionality in sentencing.”

One of the key duties of the Commission is to “promulgate sentencing guidelines and policy statements for federal sentencing courts.” To help accomplish this goal, members collect, analyze and distribute a variety of data about federal sentencing practices. The Commission also “continuously establishes and amends sentencing guidelines for the judicial branch and assists the other branches in developing effective and efficient crime policy.”

Need Background Checks?

If your business needs employment background checks to help determine if someone is eligible and qualified for a position, please contact us. Our experienced team can help you customize screening packages based on your specific needs, applicable laws and industry regulations.

We are available to assist you Monday through Friday from 5am to 6pm PT.