HOUSTON – The largest one-time release of federal prisoners in U.S. history begins Friday. Over the course of four days, the U.S. Bureau of Prisons will release from custody 5,780 federal drug offenders whose sentences were reduced under new guidelines.
According to the Bureau, Texas will receive 578 offenders, the most of any state. This historic release is prompting concerns over public safety.
"When you release people like that you're going to have an increase in crime, no doubt in my mind," said Ray Hunt, president of the Houston Police Officers Union.
However, advocates for sentencing reform for non-violent drug offenders disagree public safety will be impacted.
"Every single one of those prisoners has eyes on them from a prosecutor, a probation officer and a judge," said Mary Price, general counsel for Families Against Mandatory Minimums. "Nobody gets out automatically. They have to ask the court."
A year ago the U.S. Sentencing Commission, which sets sentencing guidelines for federal crimes, reduced the total number of years a drug offender can receive. The commission then allowed the changes to be retroactive, meaning those already in prison could apply for a reduction in their sentence based on the new rules. The change came as an effort to relieve prison overcrowding and answer concerns from advocates and some lawmakers that past drug sentencing guidelines for non-violent offenders were overly harsh.
Officials with the commission estimate there are a total of 46,000 federal drug offenders who could possibly have their sentences cut down. These latest guidelines follow two previous reductions in sentencing guidelines for those charged with crack cocaine versus powder cocaine.
"We're equalizing, we're leveling the playing field a little bit and giving those earlier drug defendants the benefit of the new reduction," said Price.
In the year since the change was made, the Commission reported judges granted about 75 percent of requests for sentence reduction. The average cut time from an offender's sentence is two years.
"The drug possession folks create other crimes, commit other crimes," said Hunt. "It's not just that, 'I have a drug problem,' and 'I'm going to be doing this.' On federal levels you've got persons who are involved in all sorts of activities whenever they arrest them on federal drug charges."
While those in federal prison on drug charges are not simple users, Price and federal officials argue the courts are working to stop violent criminal criminals from getting their sentences reduced.
"Kingpins and dangerous people are not going to get released," Price said.
Since the new guidelines went into effect, the commission reported the main reason for denying a sentence reduction was an offender is either a career criminal or a weapon was involved in the crime.
Officials with the Bureau of Prisons point out many of those getting out early are already in the community. Of the 5,780 being released from custody, 3,180 are in halfway houses or under home confinement. Another 1,540 will be handed over to immigration agents and deported. Another 140 will be handed over to the custody of another jurisdiction. Bureau of Prison officials added all those being released from custody will still be under the supervision of federal probation officers.
Federal officials said the reason so many are being released at once was the result of a backlog of those waiting for release after being granted a reduction in their sentences. When the Sentencing Commission made this change it also ordered that no one be released for a year to give prosecutors, judges, and probation officers a chance to prepare for the influx.
Federal officials said this type of mass release again won't be seen again. Another 8,000 federal drug offenders are expected to be released early over the course of the next year.