In 0.96, add paragraph (u) to read as follows: (u) With respect to the authorities granted under the Coronavirus Aid, Relief, and Economic Security (CARES) Act (Pub. 48. In a Memorandum for Chief Executive Officers dated April 13, 2021, BOP issued a new policy for expanding and reviewing at-risk inmates for placement on home confinement in accordance with the CARES Act and guidance from the Attorney General. publication in the future. During the course of this reconsideration, the Bureau provided OLC with additional materials supporting its consistent interpretation of the CARES Act. Author, Youtuber, Paralegal, Hacker, Defcon Speaker, and Coffee Addict A memo issued in the final days of the Trump administration threatens to send around 4,500 people on home confinement back to . In the SCA, Congress increased the Bureau's discretion to place inmates in home confinement in two ways. Start Printed Page 36796 Rep. No. Home confinement is a viable alternative to mass incarceration As of end of August of 2022, more than 11,000 federal (at risk) inmates were released to home confinement through the CARES Act, only 17 of them committed new crimes while 442 were returned to prison for violating their home confinement conditions. The January 2021 OLC opinion based its conclusion on three principal determinations. on NARA's archives.gov. In a Memorandum for Chief Executive Officers dated April 13, 2021, BOP issued a new policy for expanding and reviewing at-risk inmates for placement on home confinement in accordance with the CARES Act and guidance from the Attorney General. Re: Prioritization of Home Confinement As Appropriate in Response to COVID-19 Pandemic The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), signed into law March 27, 2020, provides over $2 trillion of economic relief to workers, families, small businesses, industry sectors, and other levels of government that have been hit hard by the public health crisis created by the Coronavirus Disease 2019 (COVID-19). Annual Determination of Average Cost of Incarceration Fee (COIF), 86 FR 49060, 49060 (Sept. 1, 2021). The Department expects these numbers will continue to fluctuate as inmates continue to serve their sentences and the Bureau continues to conduct individualized assessments to make home confinement placements under the CARES Act for the duration of the covered emergency period. at 658 (The purposes of the Act are . Now, the BOP has the ability to allow those released to stay home. The benefits include lower rates of new offense, reduced trauma and racial inequities, and better opportunities for behavior changes. 18 U.S.C. This proposed rule meets the applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988 (Civil Justice Reform). This section differs from section 12003(b)(2) in important ways. increased crowding in prisons, which makes social distancing difficult, is associated with increased incidence of COVID-19. 18 U.S.C. 509, 510, part 0 of title 28 of the Code of Federal Regulations is proposed to be amended as follows: 1. See id. Finally, the Bureau needs flexibility to consider whether continued home confinement for CARES Act inmates is in the interest of the public health, and whether reintroduction of CARES Act inmates into secure facilities would create the risk of new outbreaks of COVID-19 among the prison populationeven after the conclusion of the broader pandemic emergency. 658-60 (According to the Bureau of Prisons, there is evidence to suggest that inmates who are connected to their children and families are more likely to avoid negative incidents and have reduced sentences. As the extremely low percentage of inmates placed on CARES Act home confinement returned to secure custody shows, the Bureau can effectively manage public safety concerns associated with the low-risk inmates placed in home confinement under the CARES Act for longer periods of time. 11, 17 (2000) (finding that 89 percent of 17,000 individuals placed in home confinement between 1988 and 1996 successfully completed their terms without incident). offers a preview of documents scheduled to appear in the next day's 301; 28 U.S.C. 603(a), 132 Stat. 29, 2022). The Act's name is the Coronavirus Aid, Relief, and Economic Security Act. The Department recognizes that OLC previously advised, in January 2021, that the Bureau would be required to recall all prisoners placed in home confinement under the CARES Act who were not otherwise eligible for home confinement under 18 U.S.C. For complete information about, and access to, our official publications 16. CARES Act Management: On Monday, NPR reported that only 17 of the 442 inmates returned to prison from CARES Act home confinement had committed new crimes. Given the surge in positive cases at select sites and in response to the Attorney General Barr's directives, the BOP began immediately reviewing all inmates who have COVID-19 risk factors, as described by the CDC, to determine which inmates are suitable for home confinement. Start Printed Page 36792 These inmates might lose the opportunity to participate in potentially beneficial programming and treatment offered only in BOP facilities, which they might have otherwise taken advantage of if placed in secure custody. This proposed rule, which codifies the Department's understanding of its authority under the CARES Act in furtherance of the management of Bureau institutions, is issued pursuant to these authorities and, when finalized, is intended to have the force of law. 503 U.S. 329, 335 (1992); Indeed, of the nearly 5,000 inmates placed in home confinement under the CARES Act, as of January 8, 2022, only 322 had been returned to secure custody for any reason, and only eight for committing a new crime. Register (ACFR) issues a regulation granting it official legal status. The changes made by the FSA to the process for awarding GCT credit have resulted in recalculation of the release date of most inmates. So the law increased the term of home confinement available to those held by BOP under 18 U.S.C. 03/03/2023, 268 (April 3 Memo). 26. 39. 18 U.S.C. 3621(b) (providing that [t]he Bureau of Prisons shall designate the place of the prisoner's imprisonment, taking into account factors such as facility resources; the offense committed; the inmate's history and characteristics; recommendations of the sentencing court; and any pertinent policy of the United States Sentencing Commission). Keep Them Home: Why Biden Must Grant Clemency to Everyone on CARES Act FSA sec. July 20, 2022. Data have shown that FSA sec. id. Comment on Home Confinement Under the Coronavirus Aid, Relief, and 4. if a court concludes that such a statute is ambiguousa determination typically referred to as 29. Indeed, there is evidence that the Bureau can appropriately manage public safety concerns related to inmates in home confinement, and there are penological, rehabilitative, and societal benefits of allowing inmates to effectively prepare for life after the conclusion of their criminal sentences. 1315 (2021); state, and national levels in all our countries to support gender affirming care. https://www.bop.gov/coronavirus/faq.jsp They are not permitted to leave their residences except for work or other preapproved activities such as counseling. Finally, this interpretation permits the Bureau to take into account whether returning CARES Act inmates to secure custody, thereby increasing populations in BOP facilities, risks new, potentially serious COVID-19 outbreaks in prisons even after the broader national emergency has passed. In addition, most sentencing courts anticipated that offenders would be incarcerated in a secure facility, and there may be concern that placing inmates in home confinement for longer periods might not appropriately honor the intent of the courts, the interests of prosecuting United States Attorney's Offices,[69] It has no effect on any other inmate, including those placed in home confinement under separate statutory authorities. The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) authorizes the Director of the Bureau of Prisons (Director), during the covered emergency period and upon a finding by the Attorney General that emergency conditions resulting from the Coronavirus Disease 2019 (COVID-19) pandemic materially affect the functioning of the Bureau of Prisons (Bureau or BOP), to lengthen the maximum amount of time for which a prisoner may be placed in home confinement. But the prisoners who were released under the . One avenue, enacted in response to the COVID-19 pandemic, is the Coronavirus Aid, Relief, and Economic Security Act or "CARES Act" of March 2020. As of January 10, 2022, 4,902 inmates had been placed in home confinement under the CARES Act; 2,826 of those inmates had release dates in more than 12 months. . prisoner may be placed in home confinement. 03/03/2023, 43 By April 2021, the Bureau clarified that the criminal history check covered both an inmate's crime of conviction and her broader criminal history. 51. any impact on victims or witnesses, possible deterrence effects in the community, or other aspects of the agency's mission. BOP: COVID-19 Home Confinement Information, Frequently Asked Questions Wyoming legislature passes bills to ban medication abortion and exempt When Congress passed the CARES Act back in March 2022, it lifted the normal 6 month ceiling on home confinement terms for inmates. See id. See, e.g., United States Data show that these procedures have been working to preserve public safety where inmates were placed on extended home confinement under the CARES Act, and the Department expects that such measures will continue to be effective after the end of the covered emergency period. Relevant information about this document from Regulations.gov provides additional context. See 49. Third, the FSA established earned time credits that eligible inmates could accrue through participating in recidivism-reducing programs and then apply for transfer to pre-release custody, including home confinement, without regard for the time frames set forth in 18 U.S.C. Start Printed Page 36788. They were released from prison because of COVID-19 but got sent back. (last visited Apr. The Bureau subsequently issued internal guidance that, in addition to adopting the criteria in the Attorney General's memoranda, prioritized for home confinement inmates who had served 50 percent or more of their sentences or those who had 18 months or less remaining in their sentences and had served more than 25 percent of that sentence. As the OLC opinion explains, the Department's reading of the CARES Act is grounded in the language of the relevant provision, section 12003(b)(2). departure from the three principal determinations upon which the January 2021 OLC opinion was grounded. [35] 26, 2020), Even after OLC issued this initial opinion, the Bureau's view remained that the stronger interpretation of the CARES Act did not require all prisoners in CARES Act home confinement to be returned to secure facilities at the end of the covered emergency period.[36]. (GC 2022-D015) . See Therefore, under Executive Order 13132, the Attorney General determines that this proposed regulation does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. See . See That guidance also instructed that pregnant inmates should be considered for placement in a community program, to include home confinement. When an inmate is placed in home confinement, he or she is not considered released from the custody of the Bureau of Prisons; rather, he or she continues serving a sentence imposed by a Federal court and administered by the Bureau of Prisons. Memorandum for Chief Executive Officers from Andre Matevousian It was signed into law in March 2020. As DOJ notes, the CARES Act is silent "as to whether the Director has discretion to determine whether specific individuals placed in home confinement under the CARES Act may remain there" after the COVID-19 emergency ends. at *4. 60541. The day after the Attorney General's first memorandum, on March 27, 2020, the President signed into law the CARES Act, which expanded the authority of the Director to place inmates in home confinement in response to the COVID-19 pandemic upon a finding by the Attorney General. to rebuild ties between offenders and their families, while the offenders are incarcerated and after reentry into the community, to promote stable families and communities; . The Department's interpretation of the statute is also consistent with Congressional support for increasing the use of home confinement as part of reentry programming, as the Second Chance Act of 2007 and the First Step Act of 2018 demonstrate. 301. 115-699, at 2224; SCA sec. 44. This site displays a prototype of a Web 2.0 version of the daily v. This PDF is This table of contents is a navigational tool, processed from the should verify the contents of the documents against a final, official In the alternative, written comments may be mailed to the Rules Unit, Office of General Counsel, Bureau of Prisons, 320 First Street NW, Washington, DC 20534. See Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. 12003(b)(2), 134 Stat. H.R.132 - 117th Congress (2021-2022): Federal Prison Bureau Nonviolent Decarcerating Correctional Facilities during COVID-19: Advancing Health, Equity, and Safety See, e.g., 1) What are the eligibility requirements for an inmate to be considered for Home Confinement under the CARES Act and the Attorney General Guidelines? 18 U.S.C. See, e.g., Although the CARES Act was a response to the emergency conditions presented by the COVID-19 pandemic, Congress's expansion of the Bureau's home confinement authority as part of that response is consistent with its recent and clear indication of support for expanding the use of home confinement based on the needs of individual offenders. Federal Register issue. On June 21, 2022, the Federal Register issued a call for comments on a rule as how the BOP would end the program of transferring prisoners to home confinement upon the end of the CARES Act. et al., Is Downsizing Prisons Dangerous? This proposed rule affirms that the Director has the authority to allow prisoners placed in home confinement under the CARES Act to remain in home confinement after the expiration of the covered emergency period. . See 66. The second memorandum made clear that although the Bureau should maximize the use of home confinement, particularly at affected institutions, the Bureau must continue to make an individualized determination whether home confinement is appropriate for each Use the PDF linked in the document sidebar for the official electronic format. COVID-19 is caused by an extremely contagious virus known as SARS-CoV-2 that has spread quickly around the world. 281, 516 (2020) (CARES Act). available at https://www.cdc.gov/coronavirus/2019-ncov/your-health/about-covid-19/basics-covid-19.html DATES: Comments are due on or before July 21, 2022. This information is not part of the official Federal Register document. How Can You Get Released Early Under The CARES Act? - HTJ Thus, in the Department's view, the aspects of a criminal sentence that preserve public safety can be managed in this context while also allowing individuals to more effectively prepare for life when their criminal sentences conclude. Management of inmates in home confinement since the beginning of the COVID-19 pandemic, the largest community confinement population in recent history, has been robust. 5. Allowing the Bureau discretion to determine whether inmates who have been successfully serving their sentences in the community should remain in home confinement will allow the Bureau to ground those decisions upon case-by-case assessments consistent with penological, rehabilitative, public health, and public safety goals, rather than categorically requiring all inmates placed on CARES Act home confinement to be treated the same.[62]. First, it found that because Congress passed the CARES Act to provide various forms of temporary relief, the Act was best read to limit its effects to the covered emergency period. On March 26, 2020, the Attorney General issued a memorandum instructing the Director to prioritize use of home confinement, where authorized, to protect the health and safety of inmates and Bureau staff by minimizing the risk of COVID-19 spread in Bureau facilities, while continuing to keep communities safe. documents in the last year, 823 The Home Confinement Clearinghouse will match . FREQUENTLY ASKED QUESTIONS REGARDING POTENTIAL INMATE HOME CONFINEMENT IN RESPONSE TO THE COVID-19 PANDEMIC . See 751. The Attorney General instructed the Director to use the expanded home confinement authority provided in the CARES Act to place the most vulnerable inmates at the facilities most affected by COVID-19 in home confinement, following quarantine to prevent the spread of COVID-19 into the community, and guided by the factors set forth in the March 26, 2020 memorandum.

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