FINAL DAY to submit comments to the US Sentencing Commission
The U.S. Sentencing Commission is seeking public comment on proposed amendments to the federal sentencing guidelines. The deadline for public comment is February 20, 2017. One of the proposed amendments is related to first offenders and alternatives to incarceration.
The Commission plays an important role in the sentencing of individuals convicted of federal sex offenses, including possession of child pornography. Written comments should be sent to the Commission by either electronic mail or U.S. mail.
The E-mail address is Public_Comment@ussc.gov and mailing address is U.S. Sentencing Commission, One Columbus Circle, N.E., Suite 2-500, Washington, D.C. 20002-8002, Attention: Public Affairs.
**The Public Comment that is requested during the Amendment Cycle and received by the deadline are the priorities for the Committee.
However, public comment is accepted @ any time and kept on file for the NEXT cycle. (in other words, if we write a letter in July that will be held until December when the next cycle begins.
Also, at anytime during the year they accept emails @ pubaffairs@ussc.gov
Here is what CCNCR submitted;
February 20, 2017
Committee on Criminal Law of the
Judicial Conference of the United States
United States District Court
700 Stewart Street, Room 13134
Seattle, WA 98101-1271
Re: Proposed Amendment to Guide to Judiciary Policy, Volume 8E
Dear Honorable Martinez,
Caution Click National Campaign for Reform (CCNCR) requests that the Criminal Law Committee consider and propose the following Judiciary Policy amendment to the Judicial Conference on March 14, 2017. The Guide to Judiciary Policy, Volume 8E, Chapter 3 § 380.10(e) provides a favorable presumption for recommending early termination of supervised release for defendants who have (1) been under supervision for at least 18 months and (a) are not career violent and/or drug offenders, sex offenders, or terrorists, (b) present no identified risk to the public or victims, and (c) are free from any moderate or high severity violations. Furthermore, there is a favorable presumption in recommending early termination of supervised release for defendants who have (2) been under supervision for at least 42 months and (a) are not career violent and/or drug offenders, sex offenders, or terrorists, (b) are free from any moderate or high severity violations. Aligned with this policy, the United States Sentencing Commission recently added commentary to the Guidelines Manual encouraging district courts to exercise their statutory authority to terminate a defendant’s supervised release early in appropriate cases. U.S.S.G. §5D1.2, n. 5.
In 2012, the Sentencing Commission provided an exhaustive report to Congress entitled Federal Child Pornography Offenses. The Commission noted that its policy for recommending the maximum term of supervised release for those convicted of sex offenses was made prior to the enactment of the 2003 PROTECT Act . The Commission recognized a need to amend this policy “in a manner that provides guidance to judges to impose a term of supervised release within the statutory range of five years to a lifetime term that is tailored to an individual offender’s risk and corresponding need for supervision ” because the current policy mandates a life term of supervised release for all defendants convicted of any classified sex offense.
District courts have interpreted Chapter 3 § 380.10(e) of the Guide to Judiciary Policy, Volume 8E, as prohibiting probation officers from recommending early termination of supervised release for sex offenders ; a recommendation that many district judges rely upon before granting such relief. Therefore, current laws and policies are directed toward ensuring defendants convicted of sex offenses remain on supervised release for life without recommendation for early termination, although increasing empirical studies support low recidivistic rates among sex offenders, especially those only convicted of possessing child pornography .
For these reasons, CCNCR requests an amendment to § 380.10(e) to provide a presumption in favor of early termination of supervised release after 60 months for those first-time sex offenders convicted of a non-contact offense. Such an amendment would provide an appropriate starting point for defendants who would otherwise qualify for early termination of supervised release.
Respectfully,
Cc: Judicial Conference
Criminal Law Committee
Ten years on registry was what i was told. Near Twenty year ago. My forties and fifties ruined.
But no matter what anyone even if it’s there first offense for possession of child porn would still be on registry for life???
As things presently stand in Florida, yes. That’s why we fight.