1) What are the eligibility requirements for an inmate to be considered for Home Confinement under the CARES Act and the Attorney General Guidelines? step two. 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. 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). In this Issue, Documents CARES Act Home Confinement & the OLC Memo. Now, the BOP has the ability to allow those released to stay home. 5194, 5196-97 (2018). Annual Determination of Average Cost of Incarceration Fee (COIF), 86 FR 49060, 49060 (Sept. 1, 2021). (last visited Apr. This criterion was later updated to include low and minimum PATTERN scores. DATES: Comments are due on or before July 21, 2022. 64 Fed. 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. 68. H.R. The changes made by the FSA to the process for awarding GCT credit have resulted in recalculation of the release date of most inmates. Before being placed in home confinement, inmates sign agreements which require consent to submit to home visits and drug and alcohol testing, acknowledgement of monitoring requirements, and an affirmation that they will not engage in criminal behavior or possess firearms. People are only pulled back into facilities from home confinement if they have violated the rules of the program. See id. Ned Lamont said. More contagious variants of the virus that causes COVID-19 could exacerbate the spread, and it is unknown whether currently available vaccines will be effective against new variants that may arise. 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). . Home-Confinement Placements 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. [64] This information is not part of the official Federal Register document. This proposed rule accords with OLC's revised views and codifies the Director's authority to allow inmates placed in home confinement under the CARES Act to remain in home confinement after the end of the covered emergency period. 41. available at https://covid.cdc.gov/covid-data-tracker/#datatracker-home The age and vulnerability of the inmate to COVID-19; The security level of the facility housing the inmate, with priority given to inmates residing in low and minimum security facilities; Whether the inmate had a reentry plan that would prevent recidivism and maximize public safety; and, Authority delegations (Government agencies), Organization and functions (Government agencies). 7. Document Drafting Handbook These efforts were undertaken over years of bipartisan negotiations and garnered broad support across the political spectrum, beginning with the Second Chance Act of 2007 and Reaffirm condemnation of torture as a human rights violation and call for an end to prolonged solitary confinement as a form of torture. Start Printed Page 36790 Annual Determination of Average Cost of Incarceration Fee (COIF), 86 FR 49060, 49060 (Sept. 1, 2021). See, e.g., United States Rep. No. 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. 5194, 5238 (2018), 3624(c)(2). In contrast, according to the Bureau, an inmate in home confinement costs an 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. electronic version on GPOs govinfo.gov. The benefits include lower rates of new offense, reduced trauma and racial inequities, and better opportunities for behavior changes. The Act is silent, however, 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 expiration of the covered emergency period, or whether all inmates who are not eligible for home confinement under another authority must be returned to secure custody. The Bureau has realized significant cost savings by placing eligible inmates in home confinement under the CARES Act relative to housing those inmates in secure facilities, and it expects those cost savings to continue for inmates who remain in home confinement under the CARES Act following the end of the covered emergency period. These actions removed vulnerable inmates from congregate settings where COVID-19 spreads easily and quickly and also reduced crowding in BOP correctional facilities. . These data suggest that inmates placed on longer-term home confinement under the CARES Act can be and have been successfully managed, with only a limited number requiring return to secure custody for disciplinary reasons. . Most are working, paying taxes, and supporting themselves and their children. The second use refers to the requirement that the Bureau provide such services, free of charge, and suggests that these services were required to be provided only during the covered emergency period. __, at *11-12. 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. See id. . Following guidance from the Attorney General, the Director has exercised his discretion under the CARES Act to place thousands of inmates in home confinement during the pandemic emergency. [2] Although COVID-19 often presents with mild symptoms, some people become severely ill and die. Rodriguez et al., COVID-19 vaccination in the Federal Bureau of Prisons, December 2020-April 2021, See, e.g., FSA sec. . 12003(a)(2). The . Items To Bring For Your Stay. See id. Language and Structure of the CARES Act, PART 0ORGANIZATION OF THE DEPARTMENT OF JUSTICE, https://www.federalregister.gov/d/2022-13217, MODS: Government Publishing Office metadata, https://www.bop.gov/coronavirus/docs/bop_memo_home_confinement_april3.pdf, https://www.justice.gov/olc/file/1457926/download, part 0 of title 28 of the Code of Federal Regulations, https://www.cdc.gov/coronavirus/2019-ncov/your-health/about-covid-19/basics-covid-19.html, https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/how-covid-spreads.html, https://covid.cdc.gov/covid-data-tracker/#datatracker-home, https://www.cdc.gov/coronavirus/2019-ncov/downloads/community/correction-detention/COVID-Corrections-considerations-for-loosening-restrictions-Webinar.pdf, https://www.durbin.senate.gov/imo/media/doc/Letter.%20to%20DOJ%20and%20BOP%20on%20COVID-19%20and%20FSA%20provisions%20-%20final%20bipartisan%20text%20with%20signature%20blocks.pdf, https://www.bop.gov/coronavirus/docs/bop_memo_home_confinement.pdf, https://www.bop.gov/inmates/fsa/pattern.jsp, http://www.bop.gov/foia/docs/Home%20Confinemet%20memo_2021_04_13.pdf, https://www.bop.gov/foia/docs/Updated_Home_Confinement_Guidance_20201116.pdf, https://www.bop.gov/foia/docs/Home%20Confinement%20memo_2021_04_13.pdf, https://www.bop.gov/coronavirus/faq.jsp, https://www.bop.gov/policy/progstat/7320_001_CN-2.pdf, https://www.justice.gov/olc/file/1355886/download, https://www.congress.gov/bill/110th-congress/house-bill/1593/actions?r=5&s=5, https://www.congress.gov/bill/115th-congress/senate-bill/756/actions?r=6&s=9, https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/living-prisons-jails.html, https://www.cdc.gov/coronavirus/2019-ncov/vaccines/effectiveness/why-measure-effectiveness/breakthrough-cases.html. The term escape with prosecution indicates that a United States Attorney's Office has decided to prosecute an inmate for escape under 18 U.S.C. But the prisoners who were released under the . Chevron, documents in the last year, 517 at 5198, developer tools pages. Federal Prison Bureau Nonviolent Offender Relief Act of 2021 This bill establishes a new early release option for certain federal prisoners. at *2, *15. 18 U.S.C. Author, Youtuber, Paralegal, Hacker, Defcon Speaker, and Coffee Addict 03/03/2023, 160 The Rule is open for public comment until July 21, 2022. The Department's interpretation is also consistent with congressional action demonstrating an interest in increasing the Bureau's use of home confinement. Since the . BOP later clarified that inmates with low or minimum PATTERN scores qualify equally for home confinement, and that the factors assessed to ensure inmates are suitable for home confinement include verifying that an inmate's current or a prior offense was not violent, a sex offense, or terrorism-related. Letter for Attorney General Barr & Director Carvajal from Senator Richard J. Durbin Essentially, the CARES Act allows select eligible inmates to be placed in home confinement during the federal COVID-19 state of emergency. Darren Gowen, 115-699, at 2224; SCA sec. 19. Prob. These indications of congressional intent further bolster the Department's view that any ambiguity in the CARES Act should be read to provide the Director with discretion to allow inmates placed in home confinement who have been successfully serving their sentences in the community to remain there, rather than return such inmates to secure custody 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; . Once the Bureau has appropriately lengthened an inmate's maximum period of home confinement under the CARES Act, sections 3624(c)(2), 3621(a), and 3621(b) provide the Bureau with ongoing authority to manage that placement. . 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. at *4. 13. shall be committed to the custody of the Bureau of Prisons until the expiration of the term imposed . Criminal justice reform advocates have been urging Biden to use the president's clemency powers to wipe away the sentences of all those released under the CARES Act to home confinement. In Fiscal Year (FY) 2019, the cost of incarceration fee (COIF) for a Federal inmate in a Federal facility was $107.85 per day; in FY 2020, it was $120.59 per day. 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]. For these additional reasons, detailed further below, if the statute is deemed ambiguous, the Department's interpretation of section 12003(b)(2) represents a reasonable exercise of the Attorney General's and the Director's policy discretion that would be entitled to deference. The Department incorporates the analysis from OLC's opinion into the preamble of this notice of proposed rulemaking. See id. As explained below, in the Bureau's expert assessment, whether an inmate should remain in home confinement is a decision best made upon careful consideration of the appropriate management of Bureau institutions, penological, rehabilitative, public health, and public safety goals, and the totality of the circumstances of individual offenders. See 26, 2022). 26, 2020), Since March 2020, following the Attorney General's directive, the Bureau has significantly increased the number of inmates placed in home confinement under the CARES Act and other preexisting authorities. at 1 (Apr. 115-699, at 22-24 (2018) (The federal prison system needs to be reformed through the implementation of corrections policy reforms designed to enhance public safety by improving the effectiveness and efficiency of the federal prison system in order to control corrections spending, manage the prison population, and reduce recidivism.); H.R. Rather than being kept behind bars, people spend the time confined in their . et al., Is Downsizing Prisons Dangerous? Providing the Bureau with discretion to determine whether any inmate placed in home confinement under the CARES Act should return to secure custody will increase the Bureau's ability to respond to outside circumstances and manage its resources in an efficient manner that considers both public safety and the needs of individual inmates. 6. #KeepThemHome. It is not an official legal edition of the Federal shall be committed to the custody of the Bureau of Prisons until the expiration of the term imposed . Coronavirus Aid, Relief, and Economic Security Act, Public Law 116-136, sec. 16. https://www.bop.gov/inmates/fsa/pattern.jsp. 12003(b)(2), 134 Stat. OLC reexamined the relevant text, structure, purpose, and legislative history, along with the Bureau's additional materials demonstrating its consistent analysis of its own authority, and concluded the stronger interpretation of section 12003(b)(2) was not to require the wholesale return of CARES Act inmates to secure custody. 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 . COVID-19 pandemic presents unique challenges for correctional facilities, such as those the Bureau manages. See Home-Confinement Placements, The term to place derives from a different statute18 U.S.C. See of the issuing agency. 45 Op. 3(a), 122 Stat. . See, e.g., available at https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/living-prisons-jails.html 657, 692-93 (2008). [60] 14. [3] 20. Medication that you are currently on (eg. 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. Finally, as a practical matter, this interpretation permits the Bureau to consider whether returning CARES Act inmates to secure custody would increase crowding in BOP facilities and risk new, potentially serious COVID-19 outbreaks in prisons even after the broader national emergency has passed. .). A new law setting limitations on isolated confinement for incarcerated individuals will take effect in Connecticut on July 1, Gov. 44. The Attorney General made the relevant finding with respect to the Bureau on April 3, 2020. Until the ACFR grants it official status, the XML 5 U.S.C. et al., Association Between Prison Crowding and COVID-19 Incidence Rates in Massachusetts Prisons, April 2020-January 2021, 30. Chevron, These benefits include operational flexibility in managing BOP-operated institutions and cost savings for the Bureau. An inmate would usually be moved over the course of a sentence to progressively less secure conditions of confinementoften from a secure prison, to a residential reentry center, to home confinementto provide transition back into the community with support, resources, and supervision from the agency. Lompoc, California (DAS) - In May 2020, during the peak of the original COVID-19 national pandemic, the federal prison at Lompoc, California was 130% overcrowded. documents in the last year, 83 Start Printed Page 36796 Initially, prioritization is being made to review inmates who meet the following . 63. Email. It is in the best operational interests of the Bureau and the institutions it manages. include documents scheduled for later issues, at the request The CARES Act authorizes the Director of the Bureau of Prisons to lengthen the amount of time a prisoner may be placed in home confinement beyond the statutory maximum normally allowed under 18 U.S.C. H.R. 18 U.S.C. [32] Document page views are updated periodically throughout the day and are cumulative counts for this document. 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 . 22. 26, 2022). provides that most people on home confinement should remain there through the end of their sentence. 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: Home Confinement Please note that all comments received are considered part of the public record and made available for public inspection online at Nat'l Academies of Sciences, Engineering, and Medicine, 43. 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. This interpretation, which the Department adopts in promulgating this rulemaking, also aligns with the Bureau's consistent position that the more appropriate reading of the statute is to permit the Bureau to conduct individualized assessmentsas it does in making prisoner placements in other contextsto determine whether any inmate should be returned to secure custody after the COVID-19 emergency ends. 06/17/2022 at 8:45 am. 603(a), 132 Stat. inmate considered and must continue to act consistently with its obligation to preserve public safety. 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. COVID-19 most often causes respiratory symptoms, but can also attack other parts of the body. and the resulting increased crowding in prison settings could lead to new COVID-19 outbreaks, including breakthrough cases in fully vaccinated inmates and infections in the most vulnerable prisoners. For example, although the authority to provide loans under the CARES Act's Paycheck Protection Program was limited, the loans granted pursuant to that authority will mature over time.[39]. By the Act's plain terms, the Director's authority to place an inmate in home confinement under the CARES Act expires at the end of the covered emergency period, or if the Attorney General revokes his finding. The President declared the COVID-19 outbreak a national emergency beginning March 1, 2020; that national emergency was extended on February 24, 2021, and again on February 18, 2022, and is still in effect as of June 15, 2022. Although placements under the CARES Act were not made for reentry purposes, the best use of Bureau resources and the best outcome for affected offenders is to allow the agency to make individualized assessments of CARES Act placements with a focus on inmates' eventual reentry into the community. 45 Op. 18 U.S.C. First, 18 U.S.C. The House of Representatives passed the Second Chance Act by a vote of 347 to 62, and the Senate passed the Act without amendment by unanimous consent. 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. It was created pursuant to the First Step Act of 2018. As noted above, This table of contents is a navigational tool, processed from the

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