By Sarah N. Lynch
Michael Montalvo has served 37 years in U.S. federal prison for leading a criminal enterprise that sold tens of millions of dollars' worth of cocaine in California. During his time behind bars, he earned a law degree and helped other inmates obtain their freedom through a program called compassionate release.
However, due to a legal loophole, the 78-year-old Vietnam War veteran is unable to seek compassionate release for himself. His only options for getting out of prison are death or persuading President Joe Biden to grant him clemency.
Montalvo is just one of over 7,000 federal inmates who are appealing to President Biden to use his power to release them from prison before the end of his term.
His lawyers argue that Montalvo is not a threat to society, as he was not involved in violent crimes, and clemency is the only way to correct his sentence. When he was convicted of "continuing a criminal enterprise," he received a life sentence without the possibility of parole. Today, a similar conviction would likely result in a less severe sentence, according to his legal team.
Montalvo is among a small group of inmates who were convicted before the federal parole system was abolished in 1987. The exact number of inmates serving life without parole sentences, like Montalvo, is unclear, but estimates range from 100 to 400.
While Congress amended the law in 2018 to make it easier for aging or ill federal inmates to seek compassionate release, it did not account for those incarcerated under the old parole system. Criminal justice advocates believe this exclusion was unintentional.
Despite efforts to address this issue through legislation, such as the Safer Detention Act introduced in 2021, no significant changes have been made. Experts like Berkeley Law professor Charles Weisselberg believe that all inmates sentenced under the old parole system should be granted clemency.
Since taking office, President Biden has pardoned 25 individuals and commuted sentences for 131 others. The White House has not disclosed Biden's priorities for clemency in his remaining time in office, but a spokesperson stated that he is committed to reforming the criminal justice system.
Criminal justice advocates are hopeful that Biden will grant more clemency requests before his term ends in January. However, some, like Rachel Barkow of New York University School of Law, express disappointment in the slow progress.
Financial Impact Analysis:
The case of Michael Montalvo highlights the complexities and challenges faced by individuals serving outdated and harsh sentences. The inability to seek compassionate release under current laws has significant financial implications for both inmates and the justice system.
For inmates like Montalvo, prolonged incarceration not only denies them their freedom but also limits their ability to contribute positively to society. Clemency offers a chance for these individuals to seek redemption and make amends for past mistakes.
From a financial standpoint, the cost of housing elderly and non-violent inmates like Montalvo in federal prisons is substantial. By granting clemency to deserving individuals, the government can save taxpayer money and allocate resources more efficiently towards rehabilitation and reintegration programs.
Furthermore, addressing the issue of outdated sentencing laws through clemency can help alleviate overcrowding in prisons and promote a more equitable and compassionate criminal justice system.
As investors and financial market participants, it is essential to consider the broader societal impact of cases like Montalvo's. By advocating for reform and supporting initiatives that promote fairness and rehabilitation, we can contribute to a more just and sustainable future for all.