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Panelists split over whether to add a guideline reduction for pre‑sentencing rehabilitation
Summary
Defenders, practitioners and some advisory groups favored recognizing and incentivizing documented pre‑sentencing rehabilitation; DOJ and victims' groups warned of uneven access, anchoring effects, and risk of diminished victim interests. Commissioners asked for data and careful drafting to avoid double counting with §3553(a) variances.
The commission devoted extended time to a proposed reduction for documented post‑offense (pre‑sentencing) rehabilitation. The Department of Justice opposed a rigid guideline reduction, arguing it would be unnecessary (judges can use §3553(a) variances), create disparities (poorer or detained defendants often lack access to programming), risk strategic or 'box‑checking' behavior, and be difficult to define and administer.
Defenders, practition…
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