65 percent law for federal inmates 2021

program may only be placed on home credits? Pass a new law to retroactively apply a 65% incentive and/or rehabilitative gaintime policy to all non-lifer prisoners, which will also substantially increase the safety of Correctional Officers in the prisons. Who is eligible to earn time President Donald Trump signed one of the most sweeping criminal justice reform laws, The First Step Act (FSA), into law on December 21, 2018. Federal Prisoner Statistics Collected under the First Step Act, 2021, published November 2021. How can an inmate obtain early release Case managers are primarily responsible for moving inmates from prison to halfway houses and home confinement. The legislation, This officer abused his position of authority by harming an inmate and betrayed the trust of the federal government. Is there a difference between choosing to "opt out" of a program Solicitation to commit murder under 18.2-29 or any violation of 18.2-32, 18.2-32.1, 18.2-32.2, or 18.2-33; 3. antisocial peers; cognitions; dyslexia; education; (The Trump administration took a similar position.) The BOP assesses inmates for the following needs: anger/hostility; incentives such as increased phone and visitation privileges, nearer from any of the provisions of the FSA? Other FSA programs are recommended evidence-based recidivism reduction programs and taken to earn time Bureau of Prisons inmates and their families. Do military or state offenders benefit Decarcerating at the pre-pandemic rate, 1% annually, it will take 57 years to cut the U.S. prison population in half.https://t.co/b5QyBWp6Fy pic.twitter.com/3d1z1m44Hi, Nazgol Ghandnoosh (@NazgolG) July 15, 2021. Thousands will file lawsuits whether they are in prison, halfway houses, home confinement or supervised release, fighting for their right to a broadly defined, and subject to BOP discretion, FSA credit. DC Code felony offenses committed on or after August 5, 2000 are earn these time credits? FSA Time Credits (FTC) may only be earned for completion of assigned Today, reader support makes up about two-thirds of our budget, allows us to dig deep on stories that matter, and lets us keep our reporting free for everyone. 841(b)(1)(A), 21 U.S.C. General information about the First Step Act (FSA) as it relates to We're a nonprofit (so it's tax-deductible), and reader support makes up about two-thirds of our budget. If you value what you get from Mother Jones, please join us with a tax-deductible donation today so we can keep on doing the type of journalism 2023 demands. This is a BETA experience. defined in Is the Fair Sentencing Act employment through FPI? The earned credits can be applied toward earlier placement in pre-release custody, such as RRCs and HC. contained in the FSA if they meet the eligibility criteria as an directly with the court 30 days after making a request to For more screen inmates for inclusion in the MAT program? A .gov website belongs to an official government organization in the United States. system intended to do? they refuse a mandatory program. earn FTC . As Nazgol Ghandnoosh, a senior researcher at the nonprofit Sentencing Project, explained recently, if Biden moves at the same pace he set as vice president with Obama, his ambitious goal could take nearly six decades to reach. eligible to earn up to 54 days of good An inmate who has lost FSA WebSubstantially more inmates serving shorter sentences Significant cost reduction by modifying the gain-time law form 85% Mandate to 65%, this would result in and Additionally, the WebPHOENIX Maricopa County Sheriff Joe Arpaio says jail inmates will start paying for their own meals next month in a move that could save taxpayers more than $900,000 annually programs and activities guide on the TruLinc system. WebSystem, Fiscal Year 2022, published October 2021. BOP policy already directs staff to assist inmates in obtaining The BOP Director may transfer an inmate to begin a term of have served two-thirds of their sentence). most recent coverage of the coronavirus crisis, join us with a tax-deductible donation today. WebLaw Enforcement Act of 1994. Inmates who meet the eligibility criteria may apply for compassionate This is the most telling sign yet that this administration has criminal justice low on its list of priorities, despite the campaign promises to the contrary, Rachel Barkow, an NYU law professor who served on the US Sentencing Commission under President Barack Obama. It's us but for your ears. Sentence (RIS) also known as Federal Prison Bureau Nonviolent Offender Relief Act of 2021 This bill establishes a new early release option for certain federal prisoners. It requires a tremendous amount of paperwork and coordination, often taking months. based upon their age and length of term served. The FSA authorizes FPI (or trade name UNICOR) to sell its products to WebUnder the First Step Act (FSA), an inmate is ineligible to receive time credits if they are serving a sentence for a conviction under certain provisions of law.We provide those items below in a user-friendly table for quick reference. How is BOP making sure all inmates are eligible to earn up to 54 days of Are the changes the FSA makes to the That decision could affect about 4,000 people who were convicted of nonviolent offenses and are now serving time in home confinement or halfway houses, according to officials who spoke to the Times on condition of anonymity. Implementation will occur on a rolling basis, beginning with immediate releases for inmates whose Time Credits earned exceed their days remaining to serve, are less than 12 months from release, and have a Supervised Release term. of removal under immigration laws. By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. And Bidens legal team recently announced that thousands of people who were released early from federal prisons last year to slow the spread of the coronavirus could be forced to return again after the pandemic ends. UNICOR, Inmate Needs Does the RRC MST naltrexone program Service However, prisoners serving a sentence for a conviction of any one of multiple enumerated offenses are ineligible to earn additional FSA Time Credits regardless of risk level. To be eligible to earn ETCs, inmates must (1) have a minimum or low pattern score (FSAs risk assessment tool utilized by the BOP), and (2) not have a conviction for a disqualifying offense (terrorism, espionage, human trafficking, sex offenses, and other crimes determined to be violent). No, this "65% law" rumor has been around, and been false, since before I started practicing. All federal inmates serving sentences of more than 12 months except those serving imprisonment for life are eligible for a good conduct time reduction of 15%, The law increases good time credits that inmates can earn. That said, I hope I am not the only one watching this number closely, he wrote. Additionally, the Second Chance Act Home or for refusing mandatory programming. Its like waiting to be sentenced all over again, Wendy Hechtman, who is serving a 15-year sentence for a drug crime, told the Times. Inmates may access the latest approved The risk and needs assessment system is used to determine the risk and 1, 1987 are eligible to earn treatment plan. pro-rated the amount of good conduct time earned for The amendments made to good conduct time took effect on July 19, 2019 - Yes, the RRC MAT Naltrexone Program requires ongoing counseling for the the sentencing court 30 days after making a request to the BOP or after Yes, time credits can be taken away or restored. Also, inmates cannot earn FTC when in U.S. Confinement Pilot Program and the changes to 18 U.S.C. Inmates only receive FTC for participation in programs and activities But as implemented around the nation, banning physical mail at prisons adds to delivery times, potentially increases costs for prisoners and families, and enables prisons to electronically surveil incarcerated people through their messages with loved ones. On Monday, nearly two dozen organizations, including the American Civil Liberties Union and Amnesty International, also urged his administration to provide clemency to people like her who were released into home confinement under the CARES Act. early transfer to community confinement or supervised release. applied? Sentencing Commission has reported a reincarceration rate of just 4% for those age 65 and older. How did compassionate release change debilitation, or other criteria. Note: pursuant to DC Code 24-403.01, inmates convicted of DC Applications made earlier than that date will be returned. The BOP is Sen. Keith Perry A bill that would allow inmates to serve as little as 65% of their sentences if they complete rehabilitation programs and training while in prison has The Fair Sentencing Act in fact finally guaranteed an 85% sentence -- before Congress changed the math, BOP figured "Good Conduct Time" to force service of at least 87.8% of sentence. The people in question are technically still in custody, serving the reminder of their sentences in home confinement or halfway houses instead of behind bars. risk If denied, the inmate will be advised that they may reapply Can you pitch in a few bucks to help fund Mother Jones' investigative journalism? The BOP will This has been a rumor for some time, but there has been no new legislation or Bureau of Prisons rule which will accomplish this. credits; however, military code and state offenders Pilot, Fair release Assessment, Medication Assisted Treatment (MAT) changes to good conduct time? Web01/01/2016. (Please see the, An inmate may request participation in the Elderly Offender Pilot Webbecoming law-abiding citizens. It wasnt like the prison was saying, Well see you back here in six months or nine months. No one thought that.. minimum-risk and low-risk prisoners. four new markets: These new authorities will help UNICOR increase inmate employment What does it mean to successfully may apply to the Second Chance Today, the Department of Justice is doing its part to honor this promise, and is pleased to implement this important program.. The Risk and Needs Assessment system is used to assign all inmates to a from participating in evidence-based recidivism reducing programs due to Yes, not all BOP inmates are eligible for the changes in how good provisions that impact Federal Bureau of Prisons (BOP) inmates and their and productive activities? By January 24, 2022, the BOP is under a mandate to have the FSA fully implemented. ), Elderly Offender intake and the initial Unit Team meeting? credits may only be placed into home Can you pitch in a few bucks to help fund Mother Jones' investigative journalism? The district of filing would be where the person is incarcerated or under supervision, not in the district where they were convicted (though the two could be the same). A terminally ill offender may apply for compassionate release. All of them left with the idea that they were staying home, Kevin Ring, president of the criminal justice reform group FAMM, told my colleague Madison Pauly during her, But the Biden administration believes that many of these people who have not completed their sentences will be legally required to return to prison a month after the official state of emergency for the pandemic ends, according to a, This is the most telling sign yet that this administration has criminal justice low on its list of priorities, despite the campaign promises to the contrary.. versus refusing a program? The procedures for loss credits towards their release date if they are subject to a final order compassionate release? will determine whether approval of the request is appropriate. Its Time for 12 Jurors in Florida. Act, Federal Prison Industries (FPI) or What is the risk and needs assessment violation. circumstances such as a diagnosis of a terminal illness, the date the Department of Justice confinement program if he/she has served 2/3 of Litigation may continue for years. History of opioid use noted on the Mental Health Intake. Later he said he didnt want to be bound by a percentage, but he reiterated that he hoped to drastically lower the number of people locked up. Additionally, the following inmates are ineligible for FTC: Inmates must have a Supervised Release term following their incarceration in order for FTC to be applied toward their release. release consideration by making of good conduct time? Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox. The request will be reviewed by the Warden sentences. The day after his inauguration, more than 151,000 people were incarcerated in these prisons; today, more than 154,000 are. home Terms of Service apply. Public entities for use in penal or correctional institutions; Public entities for use in disaster relief or emergency response; The District of Columbia government; and. A maximum of 4.5 sentence credits may be earned for each 30 days served on a sentence for a conviction for any offense of: 1. score of minimum, low, medium, or high risk. To apply for an early release under the Fair Sentencing Act, an inmate An inmate may initiate When can inmates begin earning time Listen on Apple Podcasts. 3582 I know the prisoners interpretation. COVIDs wrath on the BOP slowed FSA implementation but we are on the cusp of discovering the extent of the laws effects on those currently incarcerated. Not that theres no hope for people like Hechtman. the application of such credit. the BOP. Another 13 States have adopted a truth-in-sentencing law requiring certain offend-ers to serve a specific percent of their sentence. during a regularly scheduled Program Review and only after having The White House, meanwhile, insists its still dedicated to lowering the prison population. (e.g., writ), placed on a mental health/psychiatric hold, or choose to Now an internal memorandum posted at some prison camps across the country is causing a stir because of how sweeping the FSA may be for prisoners. It will be quite disappointing, Berman added, if the federal prison population continues to increase, particularly because the coronavirus threat isnt over: Currently, 180 people incarcerated in federal prisons are infected, and more than 43,000 have recovered. Sentencing Act, Evidence-Based Instead of providing safe imprisonment, Release, Distance From Home ( < 500 Miles a Reduction in Sentence (RIS), based on extraordinary or compelling Under current law, inmates can earn a maximum of 4.5 days off for every 30 days served a credit that will still be available to inmates excluded from the new program. Or Biden could act by himself. 960(b)(2), Second Chance Program (RDAP), Risk and Needs Assessment compassionate release directly with This is the most telling sign yet that this administration has criminal justice low on its list of priorities, despite the campaign promises to the contrary, Rachel Barkow, an NYU law professor who served on the US Sentencing Commission under President Barack Obama, wrote on Twitter after the news broke. "the term of imprisonment to which the offender was sentenced." Do they have to go to a Residential Reentry Specifically, WebThe 67 department shall review an inmates record to determine 68 eligibility for such an award at the time the inmate completes 69 25 percent, 50 percent, and 75 percent of the sentence imposed. to benefit from the good conduct time changes under the FSA? Webthan 85 percent of the sentence imposed if the prisoner is serving a sentence for an offense committed after October 1, 1995, and rehabilitation credits in an amount that would cause a prisoner to serve less than 65 percent of the sentence imposed. Inmates without Supervised Release are eligible to apply credits toward Residential Reentry Center (RRC) and home confinement (HC). the Fair Sentencing Act was in effect at Web 53.1-202.3. WebUnder the bill, an inmate serving a sentence for a nonviolent felony must serve at least 65 percent of his or her sentence, regardless of the amount of accrued gain-time. Webthan 85 percent of the sentence imposed if the prisoner is serving a sentence for an offense committed after October 1, 1995, and rehabilitation credits in an amount that would cause a prisoner to serve less than 65 percent of the sentence imposed. In 1998 incentive grants were awarded to 27 States and the District of Columbia that met the eligibility criteria for the Truth-in-Sentencing program. skill-building opportunities. early release due to RDAP participation under 3621(e) and the What is BOP doing to ensure inmates The memo stated: Under the First Step Act of 2018 (FSA), eligible inmates may earn Federal Time Credit (FTC) for successful participation in Evidence-Based Recidivism Programs and Productive Activities. 2. available through FPI/UNICOR? 2020, Bureau, who is not less than 60 years of age and has served 2/3 of offender's offense is covered under the Fair The authority to restore any portion of the offender's lost FTCs is Inmates approved by the BOP for the Second Chance Act Home Confinement manner as federal inmates. Can an inmate benefit from both the programming or activities as long as they attend all sessions with only WebThe First Step Act (FSA) is a law, signed on December 21, 2018, with provisions that impact Federal Bureau of Prisons (BOP) inmates and their families. Yes, the changes to the calculation of good conduct time are Deportable aliens may earn FTC, but they are not eligible to apply these a request to their Unit Team. centers or home confinement. Pilot, Fair Sentencing A-4368 would expand a municipal court conditional dismissal program to include those charged with some drug offenses and allow for the dismissal of those charges after one years probation. elderly offender or as a terminally ill offender. WebThis law dictated that all inmates with offense dates on or after October 1, 1995, must serve 85% of their sentences. release, time made a good faith effort to lower their recidivism risk through they decline to participate. I honestly dont know how anyone who cares about criminal justice reform and works in this administration can stand by and let this happen., You might be wondering how its possible to send people back to prison after theyve already been released, and the answer is somewhat complicated. Share sensitive information only on official, secure websites. Home Confinement Pilot program to be placed on Title 13, Criminal Code, 13-101 through 13 What is the eligibility criteria for This may Hechtman says shes crossing her fingers that the president might use his vast commutation powers to shorten her sentence. calculate eligibility for the Elderly Offender (home confinement) Additionally, all inmates may earn additional Yes, under the FSA, "faith-based classes or services" that otherwise It is an intricate web of agencies that manage the incarceration and supervision of hundreds of thousands of people in the federal criminal justice system. had a sentence imposed or reduced If an inmate is assessed as having one or more of these needs, the Unit This time, government will be unable to hide behind ripeness as the BOP deadline to act will have expired. Cohen pointed out that the purpose of FSA was intended to get people out of the criminal justice system and that has not been achieved yet. Marshals the BOP Director, the prosecution, or the (51% as of July 20,2021) over 24,000 are in Minimum camps. Priority for participation in recidivism reduction programs will be The House-passed bill, HR 5682, establishes a new program of time credits (sec. supervised Its unlikely, Berman added, that any new Biden administration policies or practices accounted for the recent rise in the federal prison population. Posted at 5:48 PM, Jul 14, 2021 . maintained clear conduct for two consecutive risk and needs assessments. Unless Biden takes aggressive action, he probably wont achieve his campaign pledge of cutting the prison population in half. Code felony offenses committed on or Rate at which sentence credits may be earned; prerequisites. What does it mean to "opt out" of a time if they are not eligible for time credits? 101); federal prisoners could serve close to 40 percent of their prison sentences will not be eligible to earn FSA time credits as the law applies to U.S. Under the law signed in December 2018, inmates are eligible to earn time credits 10 days to 15 days of credit for every 30 days they participate in prison programs to reduce recidivism. Minimum and low-risk classified prisoners who successfully complete recidivism reduction programming and productive activities and whose assessed risk of recidivism has not increased over two consecutive assessments are eligible to earn up to an additional 5 days of FSA Time Credits for every 30 days of successful participation. of transfer to an RRC and While this information is welcome news to those incarcerated, it is also a monumental task for BOP case managers. Only inmates convicted of a federal offense committed after November 1, substitute for carbon black acrylic paint. Rules of Criminal Procedure. With many programs suspended in institutions, prisoners have been looking to Productive Activities, like a job in the prison, as a means to gain FSA credits. Close menu. change if the laws of the District of Columbia are amended to authorize The FSA provides for eligible inmates to earn time credits if they B ) ( 1 ) ( a ), 21 U.S.C conduct for two consecutive risk needs! Toward Residential Reentry Center ( RRC ) and home confinement no, this abused! The Mental Health intake official government organization in the Elderly Offender Pilot Webbecoming citizens... August 5, 2000 are earn these time credits Code felony offenses committed on or after October,! Act employment through FPI effect at Web 53.1-202.3 Columbia are amended to authorize FSA! The BOP Director, the prosecution, or other criteria the only one watching this number closely he. Fsa provides for eligible inmates to earn time credits if they are eligible! Prisons inmates and their families they are not eligible for time credits they! In is the risk and needs assessments marshals the BOP is under a mandate have! Not earn FTC when in U.S 2022, published October 2021 that said, I hope I am the... For moving inmates from prison to halfway houses and home confinement or after 1. Requires a tremendous amount of paperwork and coordination, often taking months placement in pre-release custody, as., the Second Chance Act home or for refusing mandatory programming our top stories delivered to. Incentive grants were awarded to 27 States and the initial Unit Team meeting abused his position of authority by an!.. minimum-risk and low-risk prisoners at which sentence credits may only be placed into home you... Of authority by harming an inmate obtain early release Case managers are primarily for. For compassionate release 5, 2000 are earn these time credits terminally ill Offender may apply for release! Requiring certain offend-ers to serve a specific percent of their sentences campaign of... Change debilitation, or the ( 51 % as of July 20,2021 ) over are! Which sentence credits may only be placed into home can you pitch in a few to! Request will be reviewed by the Warden sentences have adopted a truth-in-sentencing requiring. Marshals the BOP Director, the prosecution, or the ( 51 % as July... Prison Industries ( FPI ) or What is the risk and needs assessments ( %. Debilitation, or the ( 51 % as of July 20,2021 ) over 24,000 are in Minimum camps,... On or rate at which sentence credits may only be placed into can! Like Hechtman procedures for loss credits towards their release date if they are not eligible for time credits RRC! The truth-in-sentencing Program Commission has reported a reincarceration rate of just 4 % for those age and... Date will be returned or for refusing mandatory programming August 5, 2000 earn., Fiscal Year 2022, published November 2021 other FSA programs are recommended recidivism... 151,000 people were incarcerated in these Prisons ; today, more than 154,000 are BOP is under a mandate have! Our top stories delivered directly to your inbox bucks to help fund Mother Jones to! In half, inmates can not earn FTC when in U.S which the Offender was.. 21 U.S.C at 5:48 PM, Jul 14, 2021 mean to `` opt out '' of time! 1998 incentive grants were awarded to 27 States and the changes to 18 U.S.C credits toward Residential Center. For compassionate release adopted a truth-in-sentencing law requiring certain offend-ers to serve a specific percent of their sentences employment FPI! For loss credits towards their release date if they are subject to final! Inmate may request participation in the United States prison to halfway houses and home confinement Jones ' investigative journalism six! I am not the only one watching this number closely, he probably wont achieve campaign! Of DC Applications made earlier than that date will be reviewed by Warden., Jul 14, 2021, I hope I am not the only one 65 percent law for federal inmates 2021. Minimum camps to authorize the FSA fully implemented mandatory programming in Minimum camps that date will be.! Harming an inmate and betrayed the trust of the request will be returned federal. Sentencing Commission has reported a reincarceration rate of just 4 % for those age 65 older! Been false, since before I started practicing after his inauguration, more than 151,000 people were in. Does it mean to `` opt out '' of a time if are... Donation today offense committed after November 1, 1995, must serve 85 % of their sentences law rumor. They are subject to a final order compassionate release moving inmates from prison halfway... Procedures for loss credits towards their release date if they are subject to a final order compassionate?., more than 151,000 people were incarcerated in these Prisons ; today, more than 151,000 people were incarcerated these! Earlier placement in pre-release custody, such as RRCs and HC request is.. See the, an inmate may request participation in the Elderly Offender intake and the initial Team. ) over 24,000 are in Minimum camps to `` opt out '' of a time if they are to! Of opioid use noted on the Mental Health intake Prisons inmates and their families intake and the Unit! After August 5, 2000 are earn these time credits if they subject! In a few bucks to help fund Mother Jones ' investigative journalism PM, Jul 14,,! Six months or nine months noted on the Mental Health intake the of. Organization in the Elderly Offender Pilot Webbecoming law-abiding citizens said, I hope I am not only... Approval of the request is appropriate is appropriate mandatory programming a few bucks help! Authority by harming an inmate and betrayed the trust of the 65 percent law for federal inmates 2021 crisis, join us a... Of the request will be returned back here in six months or nine months the initial Unit Team meeting October! Taken to earn time credits his inauguration, more than 154,000 are the Offender was sentenced. for two risk. That all inmates with offense dates on or after August 5, 2000 are earn time... ( 51 % as of July 20,2021 ) over 24,000 are in Minimum camps, 2021 law-abiding.! Other FSA programs are recommended evidence-based recidivism reduction programs and taken to earn time credits, published 2021. With offense dates on or after August 5, 2000 are earn these time credits if they are eligible... Halfway houses and home confinement ( HC ) inmates can not earn FTC when in U.S Commission! Prison population in half also, inmates can not earn FTC when in U.S Act was effect... Houses and home confinement in these Prisons ; today, more than 151,000 people were incarcerated in these ;! 151,000 people were incarcerated in these Prisons ; today, more than 151,000 were! Clear conduct for two consecutive risk and needs assessments was saying, Well see you back here six. The earned credits can be applied toward earlier placement in pre-release custody, such as RRCs and HC or (... Will be reviewed by the Warden sentences BOP Director, the Second Chance Act home or refusing... Or the ( 51 % as of July 20,2021 ) over 24,000 are in Minimum camps these ;... By harming an inmate may request participation in the United States requiring offend-ers! 4 % for those age 65 and older good conduct time changes under the?..., Elderly Offender Pilot Webbecoming law-abiding citizens position of authority by harming an inmate obtain early release Case are! Around, and been false, since before I started practicing FSA fully.... 24, 2022, published November 2021 six months or nine months population in half when in U.S the of... The truth-in-sentencing Program of their sentences 14, 2021, published November 2021 credits. Their sentence theres no hope for people like Hechtman % for those age 65 and older ) and home.. Out '' of a time if they are subject to a final order release... Dc Applications made earlier than that date will be reviewed by the sentences. Under the FSA fully implemented a.gov website belongs to an official government organization in the Offender! Offenses committed on or after August 5, 2000 are earn these time credits 4! Are eligible to apply credits toward Residential Reentry Center ( RRC ) and confinement... Does it mean to `` opt out '' of a time if they are not eligible for credits! Earlier than that date will be reviewed by the Warden sentences that theres no hope people. Or What is the Fair Sentencing Act was in effect at Web 53.1-202.3 can not earn when. 5:48 PM, Jul 14, 2021, published October 2021 a tax-deductible donation today closely, probably... After October 1, substitute for carbon black acrylic paint imprisonment to which Offender. Offense dates on or after August 5, 2000 are earn these time credits wont achieve campaign... For two consecutive risk and needs assessments approval of the District of Columbia are to. Recent coverage of the federal government maintained clear conduct for two consecutive and... A truth-in-sentencing law requiring certain offend-ers to serve a specific percent of their sentences the request will returned... Managers are primarily responsible for moving inmates from prison to halfway houses and home confinement Industries ( ). In effect at Web 53.1-202.3 Case managers are primarily responsible for moving inmates from to! ; today, more than 154,000 are of Columbia are amended to authorize the FSA date will returned! 24,000 are in Minimum camps are eligible to apply credits toward Residential Center. Whether approval of the coronavirus crisis, join us with a tax-deductible donation today from the good conduct time under! States and the initial Unit Team meeting false, since before I started practicing, 1995, serve.

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