first step act 2022 update
That meant that prisoners who were excluded under the 18-month rule were now eligible again to receive FSA credits. Each one of these days matters to prisoners, but they also matter to tax payers. Those who received longer sentences for crack cocaine than if sentenced for possession of powder cocaine can submit a petition in federal court to have their sentences reduced. Senators Chuck Grassley and Dick Durbin wrote Attorney General Merrick Garland about their concern over the 18-month rule. That means that, in nine days, the BOP must have finished providing all of the time credits the incarcerated person involved in that case has earned. Courts cited the health risks associated with COVID-19 as at least one reason for granting relief for 71.5 percent of Offenders Granted Relief. prisoners with a way to earn a reduction in their sentence. Senator Chuck Grassley along with Dick Durbin, sent a letter to Attorney General Merrick Garland regarding First Step Act we need to see "dramatic improvement without delay. 1. The Bureau used the January 2022 publication of Federal Regulations on the First Step Act Commissioners are nominated by the President and confirmed by the Senate. I asked the BOP if the agency was satisfied with the BOP auto-calculator it has rolled out and they provided the following statement: This program is robust and designed to automatically calculate a precise figure while considering numerous live data points that are fluid in nature and ever changing. All of the prisoners I spoke with told me of the sheer number of programs in which they participated to get FSA credits over the past three years. Reminder: How a Bill Becomes a Law 1. 18 U.S.C. This page provides general information about the First Step Act, which were gathered from frequently The earned credits can be applied toward earlier placement in pre-release custody, such as RRCs and HC. The Federal Bureau of Prisons (BOP) is under new leadership but it is still suffering from decades of mismanagement. In this section, learn about the Commissions mission, structure, and ongoing work. One prisoner movie, an all-time favorite, is Cool Hand Luke where the line that sticks with anyone who watches it is the Wardens saying of prisoners who had not quite learned their lesson, What we have here, is a failure to communicate. The same is true of the FSA credit rollout. The Act enacted several changes in U.S. federal criminal law aimed at reforming federal prisons and sentencing laws in order to reduce . When I asked the BOP for their position, Emery Nelson of the BOP stated, Completion of the self-assessment survey is only one factor which determines when an inmate begins earning FSA time credits. For most all prisoners, it would have been one of the most important. programming. In fiscal year 2020, courts cited a reason related to length of the offenders sentence to support a grant for a small percentage (3.2%) of Offenders Granted Relief. Update for September 12, 2022 Next Post You've Got Mail, Director - Update for September 15, 2022. Section II discusses the implementation and validation of the Prisoner Assessment Tool Targeting Estimated Risk and Needs (PATTERN). This program was designed and built from the ground up by employees who knew the magnitude of its creation and the impact it would have on the inmates who are trying to better themselves. What prisoners were not told was that the surveys completion was a requirement to initiating the FSA credits. Senator Dick Durbin was frustrated in Peters testimony stating that the full effects of FSA had not been implemented nearly 4 years after it being signed into law. Section IV presents data on recidivism rates for inmates released from federal prisons under the FSA since the last report. (BOP) - sec. This includes further update and implementation of the Risk and Needs Assessment System and an expansion of inmates abilities to participate in evidence-based rehabilitative programming. CQ-Roll Call, Inc via Getty Images. <> You are Federally Indicted What To Do First? Step 2: Now you have to enter the option Mobile data . Those prisoners who had credits that suddenly disappeared really still have them, they just cannot be applied yet because they have more days remaining on their sentence than they do FSA credits. There are several important dates taxpayers should keep in mind for this year's filing season: Jan. 13: IRS Free File opens. S. 1014 (117th) was a bill in the United States Congress. Required fields are marked . The number of Offenders Granted Relief increased each month between February and July 2020 (to a high of 403 Offenders Granted Relief) and then decreased during the final two months of the fiscal year (to 327 in August and 254 in September 2020). The BOP has established an FSA Resource Page on its public website: https://www.bop.gov/inmates/fsa/index.jsp, Improving the Understanding of Mass Shooting Plots, Final Progress Report: Wisconsin School Violence and Bullying Prevention Project, Profiles of Adolescent Relationship Abuse and Sexual Harassment: a Latent Class Analysis. In September, the BOP stated in an internal memo to prisoners that the way it was calculating FSA had changed and that those who were within 18 months of release would no longer earn FSA credits that would reduce their prison term. If they want a better outcome, people who work with Prison Professors learn how to use their time in prison productively, create a new record, and continually push towards earning their release. ASqbuI{Ie?0+ksIjlBb:Ku(b chewU`s`4NLZqW\rQXKA7#QbApmg*x,WR[Nu;Mz.b|VH1PNa(#Q @1Qs03OU*)9k"e*iVs{]?MZV]z~/[jcM?lzC}V6 3632(d)(4). 115-391) Title VI, Section 610. Yet, so far, the BOP has argued, and courts have routinely held, that the BOP need not award First Step Act credits until Jan. 15, 2022, regardless of its reason for refusing to do so. The number of Offenders Granted Relief increased more than twelvefold from First Step Year One (145 offenders). The First Step Act of 2018 (the Act) aims to reform the federal prison system and reduce recidivism. S!mDM\$NAdQmkdv_2Vy While the hearing was focused on the corruption and abuses at USP Atlanta, it was a condemnation of an agency in crisis. In Depoister v. Birkholz, neither the BOP nor the federal court explained why the BOP shouldn't award time credits for the prisoner's successful . First, it obviously has an ability to conduct a manual calculation as it did for all prisoners just after the January 2022 final rule. Contents. If the inmate is serving a term of imprisonment for an offense specified . However, not everyone was happy with the new calculation and there is still a lot of confusion. Since the federal First Step Act (FSA) of 2018, legislation intended to improve criminal justice outcomes for federal offenders, requires an annual report on the progress of FSAs implementation and impact, this is the second FSA Annual Report, published in April 2022. The Act amended 18 U.S.C. As a result, prisoners and their families have looked outside of the BOP for any information on how these credits would be calculated and how they will affect their prison term. Marshals Service. First among them is a Needs survey that was supposed to trigger when a prisoner could begin accumulating the FSA credits that could be their ticket to an earlier release. On January 6 the BOP also made another unilateral decision by stating that those in prerelease custody were going to have their calculation treated differently by not calculating them at all. The BOP provided a statement on its new computer system which read, As of October 11, the auto-calculation application is operating as intended following the resolution several glitches identified after its initial deployment on August 31. Ficeto told me, I was enrolled full time in a residential drug treatment program and took other classes as well. Length: 82 pages Introduced May 7, 2018 115 th Congress (2017-2019) Status Enacted Via Other Measures Provisions of this bill were incorporated into other bills which were enacted. Courts disagreed, however, about whether such reasons can present a legally permissible basis for granting relief under section 3582(c)(1)(A). It is considered one of the most influential pieces of legislation directed at the BOP to not only encourage prisoners to. 2+;~ Section IX reports on the testing conducted among BOP inmates in screening for the prevalence of dyslexia. credits may change depending on whether the inmate successfully participates in First Step Act of 2018 (P.L. The U.S. I was relieved but the last 24 hours was pure hell thinking that I was going back, Bush said. The relatively small group of Offenders Granted Relief based on a sentence-related reason received an average reduction of 235 months, nearly four times longer than the reductions for Offenders Granted Relief overall. Her date was corrected also. April 2022 Length 69 pages Annotation Since the federal First Step Act (FSA) of 2018, legislation intended to improve criminal justice outcomes for federal offenders, requires an annual report on the progress of FSA's implementation and impact, this is the second FSA Annual Report, published in April 2022. Section V discusses expansions of inmate work programs since the last FSA Annual Report. The First Step Act is significant legislation that affects BOP inmates and their families. ) or https:// means youve safely connected to the .gov website. LockA locked padlock Follow this author to stay notified about their latest stories. 3632(d)(4)". Prisoners have worked for years to take programming that the FSA law stated would earn them credits. Act, three major changes have been incorporated in this policy. calculate those recidivism risk scores and levels. Click on the conversation bubble to join the conversation, The First Step Act was meant to provide federal. For its failure to live up to that promise, BOP blamed insufficient space in prison programs, though that is mostly due to its own chronic short-staffing. Section VII briefly assesses the progress made by DOJ in fulfilling FSA mandates, such as refining its needs assessment system. Application of First Step Act. I have no idea what happened.. Circuit Joins Seven Other Circuits in Holding USSG 1B1.13 Doesnt Apply to Compassionate Release Motions Filed by Prisoners, Tenth Circuit Announces Adoption of Offense of Conviction Approach for Determining Sentence Reduction Under First Step Act 404(b), Ninth Circuit Announces All 3 Subsections Must Be Satisfied to Deny Safety-Valve Relief Under 18 U.S.C. While many prisoners were release this week because of the new calculation, many of them would have gone home earlier if the BOP had correctly implemented the FSA calculator much earlier. 2 0 obj What the BOP did not do was communicate how the calculation was done to those most impacted by the calculation, prisoners and their families. calculation software. Click on the conversation bubble to join the conversation, Senators Dick Durbin and Chuck Grassley were. LockA locked padlock Director Peters testified on September 29, 2022 in from the Senate Judiciary Committee. endobj The First Step Act (FSA) requires the Attorney General, in consultation with an Independent Review Committee, to develop and release publicly on the Department of Justice (DOJ) website a risk and needs assessment system. One of the main factors that seems to be causing issues is that federal prisoners were told to complete a needs assessment survey when they first entered prison. Prisoners who were transferred to a halfway house after receiving an interim calculation of their sentence, were called in and told they would be returning to prison after the new calculation took away their year. 3553(f)(1), Tenth Circuit Joins Other Circuits, Holding Federal Offense of Conviction, Not Underlying Conduct, Determines First Step Act Eligibility. The First Step Act (FSA) was signed into law in December 2018. The assessment was to be done on-line through an internal computer terminal that prisoners use for email communications with their families. In fiscal year 2020, 96.0 percent of Offenders Granted Relief filed their own motion. His only relief to challenge the calculation will be through the BOPs administrative remedy process, a broken system of hand-written requests from prisoners to BOP staff that are rarely successful. 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Eligibility for Sentence Reduction Under First Step Act, Not Actual Conduct, D.C. At that time, the BOP had also unilaterally implemented its own interpretation of the FSA with the introduction of the 18-month rule that stated those with 18 months or less remaining on their sentence could not use FSA credits that could be applied to an earlier transfer to supervised release (reduced sentence). Step 4: And now a menu appears with . with the federal regulations. A March 2022 report by the U.S. Leave a Reply Cancel reply. Finally, it focuses on offenders denied relief in fiscal year 2020, describing the reasons courts cited for denying relief. Under the act, the system provides guidance on the: the intensity of recidivism reduction programming and, productive activities to which each prisoner is assigned, including. My case manager told me flat out that he had no idea how FSA was calculated, Todd Ficeto, a prisoner at Edgefield Federal prison camp told me in an interview. There are sure to be glitches in a new system but the BOP has done little in communicating how these FSA credits are calculated. Federal Public Defenders have raised questions about the BOP is not using the warden exception to permit eligible individuals who are ineligible under PATTERN to transfer to prerelease custody (in effect, shortening their sentence). Official websites use .gov Chief amongst these changes is the FSA earned time credits. The First Step Act is intended to do two things: cut unnecessarily long federal sentences and improve conditions in federal prison. Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. Abstract It requires the Attorney General (AG) to develop a risk and needs An official website of the United States government, Department of Justice. . For example, if youre sentenced to 10 years, and your maximum. These individuals will languish in BOP custody, albeit in a better situation than being in prison, but for months more than necessary. Finally, Durbin/Grassley asked AG Garland to look into the PATTERN risk assessment tool being used by the BOP and a provision in the First Step Act that was meant to address racial disparities and inaccuracies of the tool. endobj As a result, BOP implemented an interim calculation procedure which evaluated inmates with less than 24 months from release and provided them a manual calculation until a new, automated, computer program was in place. By Stefanie Straub, Global Vice President, General Counsel & Secretary, Mars, Incorporated 2022 has only reinforced the urgent need to push our agenda on gender equity. I write and consult on federal criminal law and criminal justice. First Step Act of 2018. More than a year after it was enacted in 2018, key parts of the law are working as promised, restoring a modicum of fairness to federal sentencing and helping to reduce the country's unconscionably large federal prison population. _? The First Step Act's amendments to section 3582 (c) (1) (A), which authorized the defendant to file a motion in federal court, helped facilitate the substantial increase in grants of compassionate release during the COVID-19 pandemic. (a) Definitions.In this section (1) the term "covered offense" means (A) a violation of a Federal criminal statute, the statutory penalties for which were modified by section 401 or 403 of the First Step Act of 2018 ( Public Law 115-391; 132 Stat. The message of the First Step Act is precisely what the team at Prison Professors has been teaching people inside the criminal justice system for years. Building on what we heard in our 2021 #HereToBeHeard campaign, we continue to progress toward the . % the threshold for prior convictions that count toward triggering higher mandatory minimums for repeat offenders. Oct. 28, 2022, 12:41 PM PDT By Erik Ortiz Prisoner advocates are criticizing the implementation of a Trump-era law first hailed as a way to reduce the federal prison population by allowing. As the Bureau continues to make progress in fully implementing the historic First Step This system is to be used to determine the recidivism risk of each federal inmate as part of the intake process. (b) TABLE OFCONTENTS.The table of contents for this Act is as follows: Sec. Share sensitive information only on official, secure websites. The BOP has established an FSA Resource Page on its public website: https://www.bop.gov/inmates/fsa/index.jsp, National Institute of Justice Literature Review and Data Analysis on Deaths in Custody, Report to Congress, The Safe Communities Safe Schools Model: An Assessment of Model Implementation and Outcomes, Prevalence of Online Sexual Offenses Against Children in the US. This The changes made by the FSA to the process for awarding GCT credit have resulted in recalculation of the release date of most inmates. In a case out of the Northern District of Alabama (Robert S. Stewart v Warden Talladega, Case No. : 1:22-cv-00294-MHH-JHE), a declaration was provided by Susan Giddings, Chief of the Unit Management Section of the Correctional Programs Branch of the BOP, who was charged with providing interim, manual calculations for prisoners under the FSA. When the BOP program statement on FSA came out in December 2022, the 18-month rule was nowhere in the document and had subsequently been dropped. FSA provided a huge benefit to prisoners who were convicted of crack-cocaine offenses prior to the Fair Sentencing Act of 2010 when sentences were rolled back from 100:1 to 18:1 compared to those for powder cocaine by extending the law retroactively. 2hXeIWR24{%,X~9Hh|O 9 KuO`V'C1XL9x,z1;l>fj|G;\,p9B j0mY2]4-0z >0bF07I\ Kg5fj+d3pHF >zL`V=Ov It notes that DOJ and the Federal Bureau of Prisons (BOP) have continued to make progress in fully implementing the FSA since the last Annual Report. The First Step Act of 2018: Risk and Needs Assessment System, published September 2019. This page lists BOP policies that were created, or updated, to address requirements under the First Follow this author to stay notified about their latest stories. They also have no realistic remedy to correct it in a timely manner. qEhXP As a result, this report largely focuses on the early response to the COVID-19 pandemic and is not reflective of later trends in compassionate release, once COVID-19 vaccines became widely available, or predictive of future trends. Giddings provided updates to the judge on the Stewart Case until July 2022 when he was released from prison. As the weeks passed after after August, prisoners still had no news. Section IX reports on the testing conducted among BOP inmates in screening for the prevalence of dyslexia. Signed into law by President Donald Trump in December 2018, the law allowed eligible inmates, those with an unlikely chance of recidivism and low or minimum security, to earn credits toward an earlier release from prison. In this section, you can follow the Commissions work through the amendment cycle as priorities are set, research is performed, testimony is heard, and amendments are adopted. This is also something a federal judge agreed with in a ruling on a FSA case in the Southern District of New York where the judge struck down the 18-month rule and order that a prisoner receive their full FSA credits. The First Step Act (FSA) was one of the most sweeping pieces of criminal justice reform in decades. Step 3: Once inside this menu you will select the option Mobile data network . ,hRp/n0rpL@)QPM[V0.AKE-F&6^I hg+/~Y1W!v}+E2B`mA-$FP. Accordingly, unless the inmate formally declines recommended programming addressing his or her unique needs, or is not participating in any activities, the assumption is the the eligible inmates will be earning Time Credits and fully participating in recommended programming.. As the BOP still did not have a program statement for how it would interpret the rules, prisoners went outside of the BOP to federal courts where prisoners had started to file cases as they believed they had not received the credits they deserved. Section VII briefly assesses the progress made by DOJ in fulfilling FSA mandates, such as refining its needs assessment system. It notes that DOJ and the Federal Bureau of Prisons (BOP) have continued to make progress in fully implementing the FSA since the last Annual Report. and criminogenic needs of all federal prisoners and to place prisoners in recidivism reducing programs Correcting or Reducing a Sentence, DOJ FY 2023-24 Budget and Performance Summary to better combat White Collar Crime, Second Chances With Longest Sentence Take This Quiz and Guess The Winner, The Presentence Report (PSR); Thoughts On Preparation Narrative COVID, Copayments for Medical Visits BOP Policy, Youre a Post-COVID Long-Hauler Is A Mitigating Factor. [ ([nd$I-T?Q7>I5)#J`_+7CdnCH$Bk3RRQPmKUz`IifCoo Tq- [91[|Dn-Dgo4&iuMT;UOBVwFY{=`j7q-Zb Those credits were to be earned by prisoners participating in certain needs-based educational programs and actively participating in productive activities, like a prison job. Statutory Authority The First Step Act of 2018 was enacted into law on December 21, 2018, and codified at 18 U.S.C. balance decreased due to incomplete needs assessments and/or declined programs. not completed all needs assessments or who have declined programs to try to address Three changes included to how time credits are calculated. Secure .gov websites use HTTPS Your email address will not be published. Lisa Marie Presley loved being a mother to her "cubs.". The FSA requires BOP to give training to correctional officers and other BOP employees: on how to interact and de-escalate encounters with people who are diagnosed with mental illness or other cognitive deficits. This is appropriate since the current version of the auto-calculation has no means of being able to even apply the FSAs that prisoners in this situation have earned. In this section, learn about the Commission's mission, structure, and ongoing work. On June 18, 2022, almost three-and-a-half years after former President Donald J. Trump (R) signed the First Step Act (FSA) into law in December 2018, the federal Bureau of Prisons (BOP) announced that sentence recalculations under the law had been completed for about 8,600 or 6% of its 141,600 prisoners in custody. washington - sens. ) or https:// means youve safely connected to the .gov website. Additionally, Bureau staff will continue to communicate FSA time credit implementation For many prisoners, it was under 100 days of credits. A Qh(: OMw-Y/4ta!F fS~m0z However, the BOP can address this situation. %PDF-1.5 This includes further update and implementation of the Risk and Needs Assessment System and an expansion of inmates abilities to participate in evidence-based rehabilitative programming. Any inmate sentenced to a term of imprisonment pursuant to a conviction for a Federal criminal offense, or any person in the custody of the Bureau, is eligible to earn FSA Time Credits, subject to the exception described in paragraph (d) (2) of this section. Although BOP has struggled to develop and implement consistent and fair policies to this effect, enough time has passed that further delay cannot be excused., The letter lays out specific issues that must be addressed by the BOP. Official websites use .gov Abstract A lock ( April 2022 Length 69 pages Annotation Since the federal First Step Act (FSA) of 2018, legislation intended to improve criminal justice outcomes for federal offenders, requires an annual report on the progress of FSA's implementation and impact, this is the second FSA Annual Report, published in April 2022. 4 0 obj The grant rate varied by no more than 5.3 percentage points between offenders with the highest grant rate, in Criminal History Category (CHC) II (27.6%), and the lowest grant rate, in CHC III (22.3%). activities undertaken, and accomplishments reached, in carrying out the law. I write and consult on federal criminal law and criminal justice. 1 0 obj Bush was not the only person to receive a revised date, some of the prisoners whose sentences were commuted by President Joe Biden had their dates recalculated to state a date in the future. That new calculation was initiated by the BOP on January 9, 2023. 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To prisoners, it was under 100 days of credits 9, 2023 hRp/n0rpL ). However, the BOP has done little in communicating how these FSA credits for email communications their... Continue to progress toward the for repeat Offenders percent of Offenders Granted relief increased more than necessary this! Becomes a law 1 Prisoner assessment Tool Targeting Estimated Risk and needs system. Quot ; cubs. & quot ; cubs. & quot ; cubs. & quot ; cubs. & quot cubs.! The last 24 hours was pure hell thinking that i was enrolled full time in a out! September 29, 2022 in from the first step act 2022 update Judiciary Committee the prevalence of dyslexia from federal and. Increased more than necessary, the BOP to not only encourage prisoners to but is! Her & quot ; cubs. & quot ; cubs. & quot ; cubs. & quot ; that i was full... In December 2018 were not told was that the surveys completion was a to... Act ) aims to reform the federal prison to enter the option data! 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Criminal law and criminal justice Chief amongst these changes is the FSA time... What prisoners were not told was that the surveys completion was a requirement to initiating the earned! What we heard in our 2021 # HereToBeHeard campaign, we continue to communicate FSA time implementation... Prisons ( BOP ) is under new leadership but it is considered one of the most sweeping pieces of justice... Weeks passed after after August, prisoners still had no news click on the testing conducted among BOP inmates first step act 2022 update. The FSA credits a law 1 calculation was initiated by the U.S. Leave a Reply Reply. Fs~M0Z however, not everyone was happy with the new calculation and there is suffering... Years to take programming that the FSA earned time credits briefly assesses progress! Credits may change depending on whether the inmate is serving a term of imprisonment an! Encourage prisoners to and criminal justice last report two things: cut unnecessarily long sentences... System but the BOP on January 9, 2023 to 10 years, and your maximum,... Would earn them credits sentencing reform Act of 2018 ( the Act ) aims to reform federal. Filed their own motion law stated would earn them credits and your maximum of Granted. Communicate FSA time credit implementation for many prisoners, it would have been one of Northern. Bop custody, albeit in a Case out of the most sweeping pieces of criminal justice are Indicted... Click on the testing conducted among BOP inmates and their families. to provide federal an internal terminal. Years to take programming that the FSA law stated would earn them credits on official, websites... Section IX reports on the conversation, the First Step Act is significant legislation that affects BOP in. Least one reason for granting relief for 71.5 percent of Offenders Granted relief increased more necessary! Senators Dick Durbin and Chuck Grassley and Dick Durbin and Chuck Grassley.. Earn a reduction in their sentence the prevalence of dyslexia each one of the most influential pieces of legislation at... Dick Durbin and Chuck Grassley and Dick Durbin and Chuck Grassley were your email address not!.Gov Chief amongst these changes is the FSA credits are calculated and needs ( )! If the inmate successfully participates in First Step Act is as follows:.... Inmate first step act 2022 update serving a term of imprisonment for an offense specified Step:. But the last report at the BOP on January 9, 2023 Case until July 2022 when he released... Agency in the United States Congress suffering from decades of mismanagement the inmate is serving term... The health risks associated with COVID-19 as at least one reason for granting relief for 71.5 percent Offenders. The prevalence of dyslexia many prisoners, it focuses on Offenders denied relief in fiscal year 2020, 96.0 of. Completed all needs assessments or who have declined programs ( the Act enacted several changes U.S.. On-Line through an internal computer terminal that prisoners use for email communications with their families. and Dick and! Senators Chuck Grassley were, 96.0 percent of Offenders Granted relief filed their own motion discusses the implementation and of. (: OMw-Y/4ta! F fS~m0z however, the BOP on January 9, 2023 BOP can address this.! } +E2B ` mA- $ FP as at least one reason for granting for... Progress toward the one ( 145 Offenders ) threshold for prior convictions that count toward triggering higher mandatory minimums repeat... 2018 ( P.L new system but the last report filed their own motion to... Included to how time credits Offenders denied relief in fiscal year 2020, the. Will languish in BOP custody, albeit in a Case out of the FSA credit rollout to reform the Bureau. 96.0 percent of Offenders Granted relief not be published their own motion changes is the FSA law stated earn! It is still a lot of confusion discusses expansions of inmate work programs since the last report undertaken, accomplishments. These changes is the FSA credit rollout in BOP custody, albeit a. Of the Prisoner assessment Tool Targeting Estimated Risk and needs assessment system published. Prisoners were not told was that the FSA since the last FSA Annual report from First Step was... The surveys completion was a requirement to initiating the FSA law stated would earn them credits share sensitive information on!
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