Letter to the Hon. William Barr, Attorney General for the Dept. of Justice - Norton Urges Department of Justice to Apply First Step Act to D.C. Inmates in Federal Bureau of Prisons, as Congress Intended, in Light of Coronavirus

Letter

Dear Attorney General Barr:

In light of the coronavirus, I write urgently to request that the Department of Justice (DOJ) issue guidance to the Federal Bureau of Prisons (BOP) that the First Step Act (Act) applies to District of Columbia Code felons, as Congress clearly intended. Such a determination is particularly urgent during this pandemic, as prisons are high-risk environments for transmissions. D.C. Code felons who would otherwise be eligible for release under the Act had they been convicted of a federal crime can be released. This is the fourth time that I have written either to DOJ or BOP requesting that an opinion be issued on the applicability of the Act to D.C. Code felons since the Act was enacted in December 2018. BOP is not applying the Act to D.C. Code felons in direct contravention of congressional intent. In light of the national health crisis, it is more important than ever that there be an immediate formal decision on this issue.

It was clearly Congress' intent when it included in the definition of "prisoner" in the Act -- "a person in the custody of the Bureau of Prisons," -- that the Act would apply not only to inmates convicted of federal crimes, but also to inmates convicted of D.C. crimes. Inasmuch as BOP may have increased requests for the benefits of the Act, including compassionate release, because of the coronavirus, it is vital that DOJ recognizes that the Act applies to D.C. Code felons as Congress intended.

I request that you respond, in writing, to this letter within five days.

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