December 6, 2007

The Honorable Robert C. Scott
Chair, Subcommittee on Crime, Terrorism, and Homeland Security
House Judiciary Committee
Washington, D.C. 20515

The Honorable J. Randy Forbes
Ranking Member, Subcommittee on Crime, Terrorism, and Homeland Security
House Judiciary Committee
Washington, D.C. 20515

Re: The ACLU supports H.R. 261, the Federal Prison Bureau Nonviolent Offender Relief Act of 2007

On behalf of the American Civil Liberties Union (ACLU) and its 53 affiliates, we write in support of H.R. 261, the Federal Prison Bureau Nonviolent Offender Relief Act of 2007. This legislation provides for the early release of non-violent offenders over the age of 45 who have not been convicted of a violent crime, have not attempted to escape from incarceration and have not violated prison disciplinary rules.

People over the age of 45 are far less likely to commit crimes than young people. For example, in San Bernardino County, California, the rate of crime in 1995 for those under the age of 25 was 2,058 per 100,000 general population and the rate for those over 50 was 305 per 100,000 general population. In addition, in 1999, only 22% of the felony adult arrests in California were for people over the age of 39 and only 5% were for those over 50. A 1994 study by Travis Hirschi and Michael Gottfredson indicates that crime rates are highest among those aged 25-29 and drop sharply among people over 40.

These studies support the fact that there is less criminal behavior among older people and releasing prisoners over 45 who committed non-violent crimes back into the community should have very little impact on public safety.  In addition, releasing older inmates will permit them to make a meaningful contribution to society and their families. 

In 2003, federal prisons were 40% over capacity and H.R. 261 will help to reduce the level of overcrowding in federal facilities. By releasing those older offenders who have the lowest risk of recidivism and who have demonstrated a commitment to bettering themselves, people will be given a genuine second chance to be productive members of society. If the American people believe that the goal of incarceration is “correction,” H.R. 261 affords an excellent opportunity to demonstrate their support for rehabilitating offenders.

We are pleased to support H.R. 261 and urge you and other members of the House Judiciary Committee, Crime, Terrorism, and Homeland Security Subcommittee to support this important legislation.

Sincerely,

Caroline Fredrickson
Director

Jesselyn McCurdy  
Legislative Counsel