Second Look Case

Compassionate Release Secured After 30 Years Served

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District of Columbia Superior Court
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United States v. Lydell Banks
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Case Number:
1998FEL000378
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Offense Level:
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Before
Already served over 30 years of a life sentence
Prisoner had some disciplinary infractions, however, prisoner had family support and participated in rehabilitation programs.
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After
Secured immediate release under the IRAA
Judge granted immediate release, influenced by Prisonology’s testimony on the prisoner’s reentry plan and positive contributions during incarceration.

Summary

Second Look Amendment Act (SLAA). The SLAA went into effect on April 27, 2021 and it changed who is eligible for consideration under the Incarceration Reduction Amendment Act (IRAA, codified at D.C. Code § 24-403.03).

Many law firms have taken on IRAA work as part of their Pro Bono programs, helping many underserved prisoners while also helping newer associates get involved in cases. Prisonology declarations and training in this area help law firms assess BOP documents to present a story to the court for how the prisoner has lived over the past decades in prison.

Often, prisoners participate in meaningful programs that provide the court a look at how they may prosper if they were allowed to have freedom. Even in cases where there are disciplinary issues, many of these can be put into context to help the court understand the actions of the prisoner.

The prisoner had been incarcerated for over 30 years on a life sentence. During that time he had disciplinary infractions but had also participated in a number of programs at the institution. He also had solid family support upon leaving prison.

Argument for Mitigation

Prisonology's main function was to summarize decades of Bureau of Prison records about the prisoner's life inside of federal prison. The prisoner's incident reports were based on his time in a USP, the highest-level security prisons.

One of those incidents involved having a "weapon". Prisonology's declaration noted that the incident was an infraction but that often many prisoners carry handmade weapons for protection, not for aggression. We also noted that a penalty had been imposed and that there were no other incidents related to the same infraction.

The prisoner also had taken many classes, including ones related to culinary certification, that demonstrated that he had skills that would serve him after prison. Prisonology also noted that programming and self-improvement in a high security environment reflected high achievement as the prisoner is often surrounded by others who are not supportive.

One of the most revealing in Prisonology's declaration was that the prisoner had been a referee for many years as part of the recreation leagues in the prison. The position of referee demonstrated that the prisoner was held in high esteem with the institution and that such positions reflect a great deal of responsibility.

The judge noted this in his decision. The prisoner had a stated reentry plan that included family support, available counseling, work and a place to live.

Actual Outcome

Judge granted immediate release under the IRAA, influenced by Prisonology’s testimony on the prisoner’s reentry plan and positive contributions during incarceration.

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