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18 U.S.C. See id. available at https://doi.org/10.17226/25945 The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. that agencies use to create their documents. on FederalRegister.gov First, OLC recognized that the temporary nature of many programs created by the CARES Act does not require that extended home confinement placements must end along with the covered emergency period for two reasons. Specifically, the Act states: During the covered emergency period, if the Attorney General finds that emergency conditions will materially affect the functioning of the Bureau, the Director of the Bureau may lengthen the maximum amount of time for which the Director is authorized to place a prisoner in home confinement under the first sentence of section 3624(c)(2) of title 18, United States Code, as the Director determines appropriate. 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; . Re: Increasing Use of Home Confinement at Institutions Most Affected by COVID-19, at *7-9. L. 116-136): (1) During the covered emergency period as defined by the CARES Act, when the Attorney General determines that emergency conditions will materially affect the functioning of the Bureau of Prisons (Bureau), lengthening the maximum amount of time for which the Director is authorized to place a prisoner in home confinement under 18 U.S.C. better and aid in comparing the online edition to the print edition. available at https://www.bop.gov/policy/progstat/7320_001_CN-2.pdf. (Mar. 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. 28, 2022). The virus spreads when an infected person breathes out droplets and particles, and another person breathes in air that contains these droplets and particles, or they land on another person's eyes, nose, or mouth. . Start Printed Page 36793 Essentially, the CARES Act allows select eligible inmates to be placed in home confinement during the federal COVID-19 state of emergency. 20. See, e.g., See Discretion to Continue the Home-Confinement Placements of Federal Prisoners After the COVID-19 Emergency, Prisoners sent to home confinement because of the pandemic might remain free. 3624(g). 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. Use the PDF linked in the document sidebar for the official electronic format. 3621(a) (A person who has been sentenced to a term of imprisonment . [6] 67. If a comment has so much confidential business information that it cannot be effectively redacted, all or part of that comment may not be posted at 35. Until the ACFR grants it official status, the XML The House of Representatives passed the First Step Act by a vote of 358 to 36, and the Senate passed the Act by a vote of 87 to 12. 23, 2020), One of the vital tools in operating a correctional system is the ability to effectively manage bedspace based on the needs of the offender, security requirements, and agency resources. (last visited Apr. documents in the last year, 123 Individuals placed in home confinement under the CARES Act, like other inmates in home confinement, remain in the custody of the Bureau. The BOP had this authority long before the CARES Act, most recently updating its standards in 2019. (last visited Apr. The Department has concluded that the most reasonable reading of the CARES Act permits the Bureau to continue to make 2022 (OPI- RSD/RRM . et seq. 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). available at https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/how-covid-spreads.html . Annual Determination of Average Cost of Incarceration Fee (COIF), 86 FR 49060, 49060 (Sept. 1, 2021). the Federal Register. See id. Removal from the community would therefore frustrate this goal. Download April 21, 2021. available at https://www.bop.gov/foia/docs/Home%20Confinement%20memo_2021_04_13.pdf. FSA sec. at 304-06. 1) What are the eligibility requirements for an inmate to be considered for Home Confinement under the CARES Act and the Attorney General Guidelines? Previous research has similarly shown that inmates can maintain accountability in home confinement programs. The Bureau, in its discretion, forwards certain home confinement cases to the prosecuting United States Attorney's Office for the input of prosecutors, taking any objections into account when approving or denying those cases. O.L.C. Darren Gowen, website. Jody Sundt has no substantive legal effect. Letter for Attorney General Barr & Director Carvajal from Senator Richard J. Durbin . 181 JAMA Internal Med. If you are using public inspection listings for legal research, you Second, the Attorney General's finding, in turn, triggers the Director's discretion to lengthen the maximum amount of time an inmate may be placed in home confinement, as the Director determines appropriate.[44] any impact on victims or witnesses, possible deterrence effects in the community, or other aspects of the agency's mission. Encourage the United States Senate to promptly pass The Emmett Till Antilynching Act. 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. This PDF is The CARES Act does not mandate that any period of home confinement lengthened during the covered emergency period must end after the expiration of that period. 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. individualized determinations about the conditions of confinement for inmates placed in home confinement under the CARES Act, as it does with respect to all prisoners,[27] documents in the last year, 26 S. 756First Step Act of 2018, Congress.gov, Federal Register issue. see also WASHINGTON Thousands of federal inmates will become eligible for release this week under a rule the Justice Department published on Thursday that allows more . Proclamation 9994, Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak, 85 FR 15337 (Mar. First, 18 U.S.C. 5238. [58] While the criteria for placement in home confinement . Most are working, paying taxes, and supporting themselves and their children. 33. See The goal of this expanded authority was obvious: prevent the spread of COVID-19 in prisons. This milestone number also includes inmates eligible for Home Confinement under the emergency authority exercised by the Attorney General on April 3, 2020 in accordance with the CARES Act. documents in the last year, 667 According to the Bureau, as of March 4, 2022, a small . available at https://doi.org/10.17226/25945 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. 3621(a), (b). ( et al., Association Between Prison Crowding and COVID-19 Incidence Rates in Massachusetts Prisons, April 2020-January 2021, This undercuts the rationale that Congress included the 30-day grace period for any particular reason other than administrative convenience. This view is reinforced by the structure of the CARES Act, and particularly by a comparison of section 12003(b)(2) with the section of the CARES Act that immediately follows it. 3, 2020), 4. 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. [50] While every effort has been made to ensure that 467 U.S. at 843. 18 U.S.C. 29, 2022). Even if the relevant provision of the CARES Act were considered ambiguous, however, the Department's interpretation represents a reasonable reading that would warrant deference under In terms of law, home confinement is a standard practice in federal prisons that predates the COVID-19 pandemic. FSA sec. Although the Bureau's decision to place an inmate in home confinement is based on many factors, where the Bureau deems home confinement appropriate, that decision has the added benefit of reducing the Bureau's expenditures. 29, 2022); Nat'l Academies of Sciences, Engineering, and Medicine, The bill is a product of multi-year bipartisan negotiations and enjoys support from across the political spectrum.). [19] [3] et al., 56. documents in the last year, 1411 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). (last visited Apr. 12003(b)(2), 134 Stat. In other words, it seems that not one single violent crime has been committed by more than 37,000 persons released early to home confinement under the CARES Act authority. 48. The new memorandum provides updated guidance and supersedes the memorandum dated November 16 . see 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. 38. regulatory information on FederalRegister.gov with the objective of Although COVID-19 vaccines are widely available and effective at preventing infection, serious illness, and death, not all incarcerated persons will elect to receive COVID-19 vaccinations,[65] This interpretation is supported by the text, structure, and purpose of the CARES Act and therefore is the better reading of the statute, as more fully explained in OLC's December 21, 2021 opinion. Initially, prioritization is being made to review inmates who meet the following . 5212, Rep. No. 603(a), 132 Stat. documents in the last year, 859 Open for Comment, Russian Harmful Foreign Activities Sanctions, Economic Sanctions & Foreign Assets Control, Fisheries of the Northeastern United States, National Oceanic and Atmospheric Administration, Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, 1. documents in the last year, 36 Specifically, the Bureau of Prisons must release early an offender who has completed at least half of his or her sentence if such offender has attained age 45, has never been convicted of a crime of . v. See Start Printed Page 36794 Decarcerating Correctional Facilities during COVID-19: Advancing Health, Equity, and Safety Memorandum for the Director, Bureau of Prisons from the Attorney General, 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. 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. Part C.1, the current OLC opinion explains the textual basis for this view, including the absence of a statutory limit on the length of CARES Act home-confinement placements and the contrast between CARES Act sections 12003(b)(2) and 12003(c)(1). 19. 509, 510, part 0 of title 28 of the Code of Federal Regulations is proposed to be amended as follows: 1. The Department and the Bureau will consider the factors referenced in this paragraph when developing common criteria to govern these case-by-case assessments, thereby promoting operational efficiency and equitable treatment of offenders. The Final Rule becomes the law that the BOP will follow. The State of NJ site may contain optional links, information, services and/or content from other websites operated by third parties that are provided as a convenience, such as Google Translate. July 20, 2022. First, that section empowers the Attorney General to make a finding, during the pandemic emergency, that the pandemic has materially affected the functioning of the Bureau. Accordingly, by virtue of the authority vested in me as Attorney General, including 5 U.S.C. Memorandum for Chief Executive Officers from Andre Matevousian 14. at 5198, 18 U.S.C. https://www.bop.gov/coronavirus/faq.jsp (July 22, 2022) Federal Defenders Organization memorandum, CARES Act Home Confinement Revocations (August 3, 2022) - Thomas L. Root. The Bureau's ability to control populations in BOP-operated institutions as well as, where appropriate, in the community, allows the Bureau flexibility to respond to circumstances as varied as increased prosecutions or responses to local or national emergencies or natural disasters. . see supra if a court concludes that such a statute is ambiguousa determination typically referred to as If you want to submit confidential business information as part of your comment but do not want it to be posted online, you must include the phrase CONFIDENTIAL BUSINESS INFORMATION in the first paragraph of your comment. See 3624(c)(2) authorizes the Director to transfer inmates to home confinement for the shorter of either 10 percent of the term of imprisonment or six months. 101, 132 Stat. See 42. For all the reasons set forth above, the Department proposes to promulgate this rulemaking under the Attorney General's authority, of the issuing agency. 18 U.S.C. 40. available at https://www.bop.gov/policy/progstat/7320_001_CN-2.pdf. et al., On March 13, 2020, the President of the United States declared that a national emergency existed with respect to the outbreak of COVID-19, beginning on March 1, 2020. available at https://www.cdc.gov/coronavirus/2019-ncov/your-health/about-covid-19/basics-covid-19.html Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. Home confinement for federal prisoners is about to expand with the release of the Federal Bureau of Prisons ("BOP") new April 4, 2019, Operations Memorandum, Home Confinement Under the First Step Act.You can access a copy of the entire operations memorandum here: BOP Home Confinement Memorandum.We have previously reported about the BOP's implementation of the Elderly Home Detention Pilot Program. During the course of this reconsideration, the Bureau provided OLC with additional materials supporting its consistent interpretation of the CARES Act. 51. And the widespread return of prisoners to secure custody without a disciplinary reason would be unprecedented. Start Printed Page 36795 In what appears to be one of the most successful re-entry programs in federal prison history , of the 11,000+ low-risk federal inmates transferred to home confinement under this new provision, only 17 committed a . 06/17/2022 at 8:45 am. These tools are designed to help you understand the official document So the law increased the term of home confinement available to those held by BOP under 18 U.S.C. But the current opinion also explains the rationale underlying its You must also locate all the personal identifying information you do not want posted online in the first paragraph of your comment and identify what information you want redacted. Federal Bureau of Prisons, Frequently Asked Questions regarding potential inmate home confinement in response to the COVID-19 pandemic, The Bureau of Prisons (Bureau or BOP) modifies regulations on Good Conduct Time (GCT) credit to conform with legislative changes under the First Step Act (FSA). FSA, Pub. en masse These challenges include a high risk of rapid transmission due to congregate living settings, and a high risk of severe disease due to the high prevalence of pre-existing conditions and risk factors associated with severe COVID-19 illness in prison populations. (last visited Apr. . As explained in a recent opinion of the Office of Legal Counsel (OLC), and supported by the interpretation of the Bureau, the statute allows such individuals to remain in home confinement after the covered emergency period ends, as the Director deems appropriate. [22] COVID-19 is caused by an extremely contagious virus known as SARS-CoV-2 that has spread quickly around the world. Medication that you are currently on (eg. 12. 5238. See O.L.C. (last visited Apr. The Effect of California's Realignment Act on Public Safety, This proposed rule has been drafted and reviewed in accordance with section 1(b) of Executive Order 12866 (Regulatory Planning and Review) and section 1(b) of Executive Order 13563 (Improving Regulation and Regulatory Review). Finally, OLC concluded that the appropriate action to focus on in determining the meaning of section 12003(b)(2) is the authority to lengthen the maximum period of home confinement, which is a discrete act. It has no effect on any other inmate, including those placed in home confinement under separate statutory authorities. 3624(c)(2), as the Director determines appropriate. 2. 26-27 (2020), Second, OLC did not interpret the 30-day grace period following the end of the national emergency as necessarily suggesting that Congress intended the Bureau to use that time to return CARES Act inmates to secure custody. Start Printed Page 36790 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. BOP RE: 101, 132 Stat. [20] Id. 27, 2020, 134 Stat 281). See, e.g., United States 15 Criminology & Pub. As an initial matter, the extended home confinement program is time-limited: the Director's authority to place inmates on extended home confinement lapses after the expiration of the covered emergency period. According to the BOP, as of March 4, 2022, a small percentage of inmates placed in home confinement under the CARES Act, around 3.7%, returned because of violations of the rules to supervision and only 8 were returned for new criminal conduct (6 for drug-related conduct, 1 for smuggling non-US citizens and 1 for escape). Second, the FSA reauthorized and expanded the pilot program to place eligible elderly offenders in home confinement by lowering the age requirement from 65 to 60 years old, reducing the amount of the sentence imposed an inmate must have served to qualify for the program, and allowing it to be applied to eligible terminally ill inmates regardless of age. The Baker Act prohibited the indiscriminate admission of persons to state Learn more here. See, e.g., H.R. 55. informational resource until the Administrative Committee of the Federal Violations of the conditions of home confinement requiring return have been rare during the pandemic emergency, however, and very few inmates placed in home confinement under the CARES Act have committed new crimes. 03/03/2023, 827 The massive CARES ACT granted then-Attorney General Bill Barr the option to broaden the use of the home confinement program, which had previously only been allowed to be used at the very end of a . Prob. 52. Overview of the Federal Home Confinement Program 1988-1996, 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. Whether the BOP will do that, however, remains to be seen. on 03/03/2023, 160 for conditions such as hypertension, diabetes) in their original dispensed packaging with instruction labels. This is an amazing reality to be robustly celebrated, in part because it reveals that our federal system can effectively identify low-risk offenders who can be released early . A new infographic by the National Council of Juvenile and Family Court Judges presents some of the ways community-based alternatives to secure confinement can benefit youth. It is further supported by evidence demonstrating that the Bureau can appropriately manage public safety concerns related to inmates in home confinement, and by the penological, rehabilitative, public health, public safety, and societal benefits of allowing inmates to effectively prepare for successful reentry after the conclusion of their criminal sentences. at 1 (Apr. The Home Confinement Clearinghouse will match . 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. See available at https://www.cdc.gov/coronavirus/2019-ncov/downloads/community/correction-detention/COVID-Corrections-considerations-for-loosening-restrictions-Webinar.pdf [House Hearing, 117 Congress] [From the U.S. Government Publishing Office] THE FIRST STEP ACT, THE PANDEMIC, AND COMPASSIONATE RELEASE: WHAT ARE THE NEXT STEPS FOR THE FEDERAL BUR documents in the last year, by the Nuclear Regulatory Commission In response . 46. Coronavirus Aid, Relief, and Economic Security Act, Public Law 116-136, sec. 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. This section differs from section 12003(b)(2) in important ways. __. (Mar. It is now well established that congregate living settings, and correctional facilities in particular, heighten the risk of COVID-19 spread due to multiple factors. Pursuant to the Act, the Federal Bureau of Prisons (BOP) was ordered to prioritize the use of home confinement as a tool for combatting the risks of COVID-19 for vulnerable inmates. to encourage the development and support of, and to expand the availability of, evidence-based programs that enhance public safety and reduce recidivism, such as substance abuse treatment, alternatives to incarceration, and comprehensive reentry services . increased crowding in prisons, which makes social distancing difficult, is associated with increased incidence of COVID-19. 39. available at https://www.justice.gov/olc/file/1355886/download. 3621(a) (A person who has been sentenced to a term of imprisonment . 251(a), 122 Stat. Section 3621(b) also authorizes the Bureau to direct the transfer of a prisoner at any time, subject to the same individualized assessment. 60541. 5 U.S.C. documents in the last year, by the Coast Guard 15. 26, 2022). For these reasons, it is important that consistent with the law and taking into account public safety and health concerns, that the most vulnerable inmates are released or transferred to home confinement, if possible.). 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. FSA sec. See id. April 3 Memo at 1. 24. include documents scheduled for later issues, at the request