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The Second Chance Act of 2007, Pub. L. No. 110-199, 122 Stat. 657 (2008), provides opportunities for white-collar offenders to reduce the amount of time spent in prison. While the Act's primary purpose is to fund prison-based rehabilitation initiatives, it also:
White-collar offenders, who tend to be older and less likely to reoffend, may benefit most from these changes. The Second Chance Act offers a new tool for undoing the harsh sentences for economic crimes imposed under the U.S. Sentencing Guidelines. By affording the Bureau of Prisons (BOP) additional discretion over the early release of nonviolent offenders to home confinement and all inmates to community confinement, the Act creates a method for ameliorating draconian Guidelines sentences that have already been imposed. And by emphasizing the sentencing goals of rehabilitation and harm reduction, rather than retribution and deterrence, the Act can also be used at sentencings to show that Congress rejects the Guidelines' uniformly severe sentences for economic crimes.
An Early-Release Experiment
The Act's “Elderly and Family Reunification for Certain Nonviolent Offenders Pilot Program” directs the BOP to implement a pilot program in at least one institution where elderly, nonviolent offenders would become eligible to serve up to 25% of their sentence on home detention. To qualify, an inmate must be a nonviolent offender and at least 65 years old. Additionally, he must have already served the greater of 10 years or 75% of the term to which he was sentenced.
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