NCLA filed a complaint with the Bureau of Prisons that could result in the immediate release of inmates across the country who have already done their time and are being held unlawfully by the BOP under the First Step Act. Please see the press release below
NCLA Demands that Bureau of Prisons Follow the Law in Recalculating Prison Sentences for Thousands in Custody
WASHINGTON, DC, June 17, 2019 – Robert Shipp has served his time and then some, but the Bureau of Prisons (BOP) refuses to apply a statutory recalculation for “good time” credit to his sentence until July 19, 2019. The BOP has already recalculated Mr. Shipp’s release date as May 6, 2019, under the First Step Act, but more than one month past his release date, Mr. Shipp is still in custody. The New Civil Liberties Alliance has filed a Complaint and an Emergency Motion for Temporary Restraining Order and Preliminary Injunction in the U.S. District Court for the District of Columbia, demanding that BOP immediately apply the recalculated good time credits for Shipp and for all other persons in BOP’s custody whose release dates have already passed.
Congress passed the First Step Act on December 21, 2018, specifically directing Bureau of Prisons to immediately recalculate available good time credits for any person in its custody. The statute amended the good time credits granted by BOP from 47 days per year to 54 days per year, but Bureau of Prisons refuses to implement the statutory changes passed by Congress until July.
Bureau of Prisons ’s failure to follow the directive of Congress and apply the law as written has resulted in the unlawful custody of Mr. Shipp, who is currently being held in home confinement in Chicago with an ankle monitor.
“The Bureau of Prisons must follow Congress’ orders to release prisoners who have lawfully served their sentences. Agencies like BOP cannot wait until it is convenient for them to follow the law. Through this lawsuit, NCLA is holding BOP accountable to the thousands of people nationwide in its custody who should have already been released based on the change in the law. ”
—Caleb Kruckenberg, Litigation Counsel