FORCE 100 - Letter Opposing S.3649

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Via ONE HUNDRED AMERICAS FORCE FOR JUSTICE, December 12, 2018 Dear Members of Congress: On behalf of Force 100, I urge you to oppose the First Step Act of 2018 (5.3649). Force 100 is composed of crime victims from every state in the nation. We are the Moms, Dads, sisters, brothers, spouses, relatives and friends of victims of violent crime, including murder. The family tragedies consist of slashed throats, rapes, broken necks, holes shot through their bodies, bodies set on fire, those beaten to death, strangulations, bodies not recovered, missing loved ones and tiny children raped and sexually molested until they died. There are many troubling aspects of the First Step Act. This letter focuses on one oft-repeated falsehood — the claim that 6.3649 applies only to rehabilitated, non-violent offenders. In truth, the First Step Act requires the federal government to grant early release to prisoners convicted of a host of violent crimes, including rape, child sex trafficking, homicide, and maiming, even if these prisoners show absolutely no remorse and indicate that they intend to repeat their heinous crimes upon release. $.3649 requires the federal government to provide “recidivism” programming to every federal prisoner, regardless of their crime or sentence. Recidivism programming includes items that are often seen as rewards for prisoners, such as attending classes on “life skills,” “mentoring,” “a prison job,” and “trauma-informed support programs.” The First Step Act then mandates that certain felons automatically receive early release from prison for participating in these programs, so long as they do not commit violence in prison. This category includes many violent felons, © Manslaughter, 18 USC. § 1112, What does a conviction for manslaughter look like? Consider 10-month old Laurie Fesler of Fort Hood Texas.2 Her parents intentionally dipped her in scalding water, leaving 40% of her body bumed. After 16 agonizing days, Laurie died. Because her parents only intended to torture her, not kill her, they were convicted of manslaughter instead of murder. Left behind was Laurie's two-and-a-half This letter is based on the version of the bill distributed as of noon on December 12, 2018, labeled SILISC54. 2 United States. Fesler, 781 F.2d 384 (5! Cir. 1986). year-old brother, who had also suffered a history of brutality. Under the First Step Act, individuals like Laurie's killers will automatically be released early, so long as they do not starta prison riot. Or consider Charlie Joe, who took an axe to his cerebral-palsy afflicted brother, killing him with “chop wounds.”® Because Joe acted in a fit of drunken anger, he was convicted of manslaughter, not murder. Child Rape. Enticing or coercing a minor to travel across state lines for illegal sexual activity, prostitution, 18 U.S.C. § 2422; transporting a minor across state lines for the purpose of engaging in sexual activity, 18 US.C. § 2423. The 13-year-old boy known as “A.V.” was a victim of these crimes, Two men —friends of his guardians — took him from his home in Jackson, Mississippi to Shreveport, Louisiana to attend the Independence Bowl. In the middle of the night, the men took turns attacking A.V.: One held him down while the other raped him; then they switched. (Over the next year, the two men raped A.V, another 75 to 90 times.¢ David Duffin provides another example. He first targeted his victim when she was 12, pretending to be a talent scout for America’s Got Talent? When the child was 13, he transported her from Illinois to Arkansas, where he raped her several times.* These are only few of the crimes for which prisoners are entitled to automatic early release. The list also includes individuals convicted of such brutal crimes as: Slavery or sex trafficking children. Attempting to enslave someone, attempting to sell someone as a slave, or attempting to sex traffic a child, 18 U.S.C. § 1594; benefitting financially from slavery, human trafficking, or sex trafficking of children,18 US.C. § 15934, Domestic violence,18 USC § 2261. Interstate Stalking, 18 US.C. § 261A. Repeated conviction for domestic violence, stalking, or violation of a protective order, 18 USC. § 22654. Violation of a protective order, 18 US.C. § 2262. “Assault with intent to commit rape,” “aggravated sexual abuse and sexual abuse,” and “abusive sexual contact” (the Bureau of Prisons must give these prisoners early release unless the prisoner is currently sentenced to over 1 year in prison and has previously served over 1 year in prison for such a crime), 18 US.C. § 3559(c )(2)(F). 8 United States v. Joe, 325 FSupp.3d 1226 (D.N.M. 2018). 4 United States v. Hitt, 473 F3d 146, 150 (5% Cit, 2006). 5 United States v Causey, 2011 WL 4712075, at *2 (W.D. La. Sept. 29, 2011). ® United States v. Hitt, 473 F.3d 146, 150 (5% Cir, 2006) 7 United States v. Duffin, 2016 WL 3157531, at “4 (8" Cir, June 2, 2016). ® Duffin, 2016 WL 3157531, at *. * Various forms of assault. Assault with intent to commit a felony other than murder or sexual abuse; assault with a dangerous weapon with intent to do bodily harm; assault by striking, beating, or wounding; or assault resulting in serious bodily injury, 8 USC 113(a)(2), (3), (4), (8), & (6). * Assaulting a law enforcement officer (the Bureau of Prisons must give these prisoners early release unless the prisoner used a “deadly or dangerous weapon” or inflicted serious bodily injury), 18 USC 111(a). ‘These proposals are not consistent with justice for crime victims, public safety, or any notion of reform. Force 100 asks that Congress take the time to hear our voices and the voices of other crime victims across America before releasing so many violent felons from prison. Force 100 would like the chance to work with Member of Congress on true criminal justice reform, on legislation that promotes both rehabilitation of offenders and victims’ rights. We hope you will give us that chance and vote no on the First Step Act of 2018 (8.3649). LY yf Nery truly/yours LE Va bilere. Jae daft Honorable Collene Campbell, former Mayor of San Juan Capistrano, CA & Founder of Force 100

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