President Biden’s categorical commutation of 37 of 40 the inmates on federal death row – without any meaningful attempt during his term to first change death penalty law – could set the criminal justice reform movement back. Instead of building on President-elect Trump’s work on the First Step Act, which protected public safety through carefully curated excluded offenses and expansion of rehabilitation and job paths, President Biden chose to help 37 of America’s most dangerous at the expense of smart on crime policy. As President-elect Trump returns to office, our country should return to smart, public-safety focused justice reform like we saw in his first term.
The 37 people who escaped lethal injection have killed at least five children (including a 15-month old when an entire family was firebombed), multiple women, federal employees, members of the military, security personnel, witnesses, and even other inmates. Regardless of one’s feelings on the death penalty, it ended legal process for the living victims in these cases – until now.
With their commutation, these 37 Death Row residents are eligible to apply for transfers to at least fifteen other prisons. According to the Federal Bureau of Prisons website most of these people are, logically, at the United States Penitentiary in Terre Haute, Indiana since the federal death chamber is there. Others like Kaboni Savage, who was convicted in connection with 12 killings - including the firebombing of a family – are at the Super Max facility in Florence, Colorado. For some of these inmates, President Biden’s reprieve means they may be able to do their time with more privileges and contact with the outside world.
Depending on their circumstances, some may apply for compassionate release. Fortunately, these applications will likely be denied since in-prison conduct is considered. Some have killed other inmates, and most will be unable to convince a judge to release them. However, 16 federal inmates convicted of murder where granted compassionate release in 2024 (95 were denied). Still, these newly commuted inmates can now bring motions before the court, triggering victim notifications, responses from United States Attorneys, and other court process. They could not do this from Death Row.
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The downstream effects of these commutations require us to closely scrutinize new criminal justice bills, since inclusion of these 37 people in future reforms will, unironically, kill those bills. A great example is Senator Cory Booker’s “Second Look” bill. Second look legislation – done properly – provides courts with the discretion to amend a sentence after an inmate serves at specified period of time and can show rehabilitation or other extenuating circumstances. The bill requires the court to consider victim input, youth, and other factors before reducing a sentence.
Given these unprecedented Death Row commutations, “Second Look” factors must be strengthened or amended before this bill moves forward. There are also sections that Congress should reconsider entirely. For example, the bill creates a rebuttable presumption that the inmate shall be released if they are over 50 years old. Senator Booker’s bill predated President Biden’s Death Row commutations and injected an unexpected variable into otherwise logical legislation.
Going forward, bills like this must have strict guardrails so new classes of unexpected commutations do not upend existing Congressional intent. At the same time, President-elect Trump can return our country to smart on crime justice reform, like the First Step Act. Our country has an opportunity to focus on justice issues that nearly everyone agrees with such as second chance hiring, so people with criminal records can enter the workforce and contribute to the economy.
President Trump led on these issues in his first term, and catalyzed states across the country to use second chance hiring as a public safety tool. Florida, Oklahoma, South Carolina, Texas, and Iowa are just a few Republican-led states that expanded these initiatives. This type of justice reform – projects that amplify public safety and workforce development – are also popular in New Jersey, California, Kentucky, and Maryland, to name a few.
President Biden’s commutations of 37 of America’s most dangerous people should not serve as a death sentence for justice reform. President -elect Trump can again distinguish himself as a President who is both tough and smart on crime, and Republicans and Democrats should come together to support this.
John Koufos is a criminal justice reform advocate that helped write and pass the First Step Act and has advanced public safety-focused criminal justice reform ad second chance hiring. John leads Cottage Four, LLC, a consulting firm in Washington, DC. Follow John on X @JGKoufos
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