Federal Prison Reform Bill Passes Congress, Heads to President Biden

Legislation to reform the beleaguered federal prison system passed the Senate unanimously and now heads to President Biden’s desk for his signature.

The Federal Prison Oversight Act (H.R. 3019) aims to increase oversight of the Federal Bureau of Prisons (BOP), which has been hampered by a slew of controversies including rampant sexual abuse of inmates, criminal misconduct by staff, high-profile deaths, and understaffed prisons.

The bill would require the Department of Justice (DOJ) Inspector General (IG) to conduct periodic inspections of all 122 BOP facilities and provide recommendations for improvement.

Each facility would be assigned a risk score, and “higher risk facilities” known for previous abuse incidents and/or staffing challenges, would receive more frequent inspections. 

The IG must report its findings to Congress and the public, and BOP has two months to respond with a corrective action plan.

The bill would also install an ombudsman in the Justice Department to handle complaints from inmates about prison conditions and incidents via a secure hotline or online form.

Congressional Reaction

“My 17-year-old son, Jordan Davis, was shot and killed 12 years ago by a man who is now serving a life sentence in prison. Through my family’s pain, I found the strength to forgive my son’s killer,” said Representative Lucy McBath (D-GA), one of the sponsors in the House. “The passage of my Federal Prison Oversight legislation in the Senate marks a new step forward in ensuring accountability to protect staff and incarcerated individuals in our federal prisons.”

“More transparency and accountability will create a safer environment for correctional officers and staff who work in our federal prisons as well as the inmates incarcerated in them. This bill does not allow the Department of Justice to intervene into the affairs of state and local jails, and will help to improve working conditions and keep our federal corrections officers safe,” said Senator Mike Braun (R-IN), one of the Senate sponsors.

DOJ Inspector General Michael Horowitz also applauded passage.

“The inspections we conducted have identified critical shortcomings in BOP operations, including staff shortages in health and education programs, infrastructure in desperate need of repair, and moldy and rotten food being served to inmates. This Act recognizes the importance of our inspection program, and we look forward to working with Congress to expand its impact,” said Inspector General Horowitz in a statement.

Labor Support

The bill received support from a variety of civil rights, prison union, and public safety organizations.

Jonathan Zumkehr, the union president at a federal prison in Thomson, Illinois, told the Associated Press that the legislation will also help protect prison workers. Zumkehr noted that female staff members at his facility were often subject to harassment and abuse by inmates and had little recourse to stop it.

Zumkehr points out the new bill would force investigations and reporting into such incidents.


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