Section 12003(b)(2) of the CARES Act authorizes the Director to place inmates in home confinement, notwithstanding the time limits set forth in 18 U.S.C. 3624(c)(2). documents in the last year, 36 3624(g). While every effort has been made to ensure that H.R. __(Dec. 21, 2021), As of April 26, 2022, over 988,000 people in the United States have died from COVID-19. codified at 52. 32. . [41] available at https://www.congress.gov/bill/110th-congress/house-bill/1593/actions?r=5&s=5 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). [7], The United States Centers for Disease Control and Prevention (CDC) within the Department of Health and Human Services has recognized that the v. available at https://www.cdc.gov/coronavirus/2019-ncov/your-health/about-covid-19/basics-covid-19.html Resume. 3501-3521. regulatory information on FederalRegister.gov with the objective of 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. 101, 132 Stat. 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. 53. This table of contents is a navigational tool, processed from the 804. 59. Among other items, the 2022 CAA provides a temporary extension to the CARES Act telehealth relief, which expired on December 31, 2021. 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. The Baker Act prohibited the indiscriminate admission of persons to state Start Printed Page 36789 301; 18 U.S.C. 50. 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. 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). WASHINGTON Thousands of federal inmates will become eligible for release this week under a rule the Justice Department published on Thursday that allows more . The documents posted on this site are XML renditions of published Federal Until the ACFR grants it official status, the XML at *12. CARES Act sec. See id. COVID-19 is caused by an extremely contagious virus known as SARS-CoV-2 that has spread quickly around the world. CDC, The Possibility of COVID-19 after Vaccination: Breakthrough Infections (updated Dec. 17, 2021), Continuation of the National Emergency Concerning the Coronavirus Disease 2019 (COVID-19) Pandemic, 86 FR 11599 (Feb. 26, 2021); Continuation of the National Emergency Concerning the Coronavirus Disease 2019 (COVID-19) Pandemic, 87 FR 10289 (Feb. 23, 2022). 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. 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. If you want to inspect the agency's public docket file in person by appointment, please see the 9. According to the Bureau, as of March 4, 2022, a small percentage of inmates placed in home confinement pursuant to the CARES Act357 out of approximately 9,500 total individualshad been returned to secure custody as a result of violations of the conditions of home confinement. documents in the last year, 987 12003(a)(2). Once the Director has lengthened a prisoner's amount of time in home confinement under the CARES Act and placed the prisoner in home confinement, no further action under the CARES Act is needed. See Second, it reasoned that Congress must have defined the covered emergency period to extend 30 days beyond the end of the declared national emergency in order to provide the Bureau with time to return prisoners to secure custody. 8. departure from the three principal determinations upon which the January 2021 OLC opinion was grounded. v. Annual Determination of Average Cost of Incarceration Fee (COIF), 86 FR 49060, 49060 (Sept. 1, 2021). [31] sec. 3624(g)(4) (In determining appropriate conditions for prisoners placed in prerelease custody pursuant to this subsection, the Director of the Bureau of Prisons shall, to the extent practicable, provide that increasingly less restrictive conditions shall be imposed on prisoners who demonstrate continued compliance with the conditions of such prerelease custody, so as to most effectively prepare such prisoners for reentry.). 467 U.S. at 843. Jan. 13, 2022. By implementing the CARES Act, Treasury is taking . 18 U.S.C. L. 115-391, sec. The complaint filed last week claims five migrants detained at the Nye County Jail and . More information and documentation can be found in our 03/03/2023, 234 [68] Start Printed Page 36793 45 Op. developer tools pages. 1501 . The term to place derives from a different statute18 U.S.C. . For all the reasons set forth above, the Department proposes to promulgate this rulemaking under the Attorney General's authority, The Bureau also explained that home confinement decisions have historically been made on an individualized basis, which serves penological goals. The letter, dated Feb. 7, is a response to a request from 27 members of Congress asking for specific details regarding whether or not all released prisoners will remain on home confinement and . 3624(c)(2).[15]. sec. following the end of the covered emergency period. The Attorney General, under the Regulatory Flexibility Act (5 U.S.C. 2. BOP RE: 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. Transitional jobs programs have proven to help people with criminal records to successfully return to the workplace and the community, and therefore can reduce recidivism.). The statute provides that an inmate placed in home confinement under this incentive program shall remain in home confinement until the prisoner has served not less than 85 percent of the prisoner's imposed term of imprisonment, and that the Bureau should provide progressively less restrictive conditions on inmates who demonstrate continued compliance with the conditions of prerelease custody.[51]. 823 F.3d 1238, 1242 (9th Cir. . The January 2021 OLC opinion based its conclusion on three principal determinations. see supra [30] Last week, Families Against Mandatory Minimums ("FAMM") issued a statement praising a memo issued by DOJ that expanded the number of inmates who are eligible for release to home confinement under the CARES Act. Advocacy and . inmate considered and must continue to act consistently with its obligation to preserve public safety. Wyoming legislators approved two bills related to abortion this week, including a ban on . The bill is a product of multi-year bipartisan negotiations and enjoys support from across the political spectrum.). Older adults and individuals with underlying medical conditions are at increased risk of severe illness or death. Many inmates placed in home confinement during the COVID-19 pandemic have reached the end of their term of incarceration, or will do so within the next six months. 23-44 (2020), 03/03/2023, 268 In the SCA, Congress increased the Bureau's discretion to place inmates in home confinement in two ways. You may bring the following items for your personal use during your stay at our hospital: Pyjamas and dressing gowns if you do not wish to wear the hospital's pyjamas. Christopher Zoukis, JD, MBA, is the Managing Director of the Zoukis Consulting Group, a federal prison consultancy that assists attorneys, federal criminal defendants, and federal prisoners with prison preparation and in-prison matters. In April 2020, then-Attorney General William Barr directed the Federal Bureau of Prisons (BOP) under the CARES Act to reduce the number of people in federal prisons. codified in relevant part at . On April 3, 2020, the Attorney General issued a second memorandum for the Director, finding that emergency conditions were materially affecting the functioning of the Bureau, and acknowledging that the Bureau was experiencing significant levels of infection at several of our facilities.[18] FSA sec. See, e.g., The majority of those inmates have since completed their sentences; as of January 10, 2022, there were 7,726 inmates in home confinement. 3624(c)(2), during and for 30 days after the termination of the national emergency declaration concerning COVID-19, provided that the Attorney General has made a finding that emergency conditions are materially affecting BOP's functioning. For all of these reasons, the Department believes that it is not only statutorily authorized, but also operationally appropriate for the Director to have the discretion to allow individuals placed in home confinement under the CARES Act to remain in home confinement after the end of the covered emergency period. 51. www.regulations.gov. increased crowding in prisons, which makes social distancing difficult, is associated with increased incidence of COVID-19. documents in the last year, 1411 When Congress passed the CARES Act back in March 2022, it lifted the normal 6 month ceiling on home confinement terms for inmates. Such individualized assessments are consistent with direction the Bureau has received from Congress in other contexts. at 658 (The purposes of the Act are . on 03/03/2023, 207 Memorandum for Chief Executive Officers from Andre Matevousian That authority under the CARES Act exists during the period for which there is a declaration of national emergency with respect to the COVID-19 pandemic and for 30 days after the termination of that declaration, provided that the Attorney General has made a finding that the emergency conditions materially affect the functioning of the Bureau of Prisons. The CARES Act allowed for the compassionate release of prisoners who had risk factors for the virus, according to the Centers for Disease Control (CDC), and who pose a lower risk of flight. 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. Start Printed Page 36792 101(a), 132 Stat. FOR FURTHER INFORMATION CONTACT S. 756First Step Act of 2018, Congress.gov, (last visited Jan. 11, 2022). Whether the BOP will do that, however, remains to be seen. at 286-97; Jody Sundt At the outset, the Department has authority to promulgate rules to manage the Bureau of Prisons, and to administer CARES Act section 12003(b)(2). provides that most people on home confinement should remain there through the end of their sentence. (Nov. 16, 2020), Frequently Asked Questions regarding potential inmate home confinement in response to the COVID-19 pandemic. As explained above, the proposed rule will also have operational, penological, and health benefits. That provision also directs the Bureau to place prisoners with lower risk levels and lower needs on home confinement for the maximum amount of time permitted to the extent practicable. Second, Congress created a pilot program in the Second Chance Act of 2007 (SCA), which it reauthorized and modified in the First Step Act of 2018 (FSA), authorizing the Attorney General to place eligible elderly and terminally ill offenders in home confinement after they have served two-thirds of their term of imprisonment. and breakthrough infections may occur even in fully vaccinated persons, who are then able to spread the disease. .). Download 19. Removal from the community would therefore frustrate this goal. 37. 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. . 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. In addition, studies have found that efforts to decarcerate prisons in other contexts, which were not limited to home confinement measures, did not harm public safety. 64 Fed. and services, go to 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 . [10] It quickly became one of the worst hit federal prisons in the country with a massive COVID-19 outbreak. 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. 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. Of this number, only 8 were returned for new criminal conduct (6 for drug-related conduct, 1 for smuggling non-citizens, and 1 for escape with prosecution). Pullen, Case No 3:22-CV-00339, 2022 US Dist LEXIS 141271 (D.Conn, August 9, 2022) USA Today, They were released from prison because of COVID-19. Congress further expanded the Bureau's use of home confinement through the FSA in three contexts. 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. This proposed rule meets the applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988 (Civil Justice Reform). In response to COVID-19, the BOP instituted a comprehensive management approach that includes screening, testing, appropriate treatment, prevention . See CARES Act sec. 26, 2022). documents in the last year, 667 Moreover, as findings in the SCA indicate, inmates who are provided the types of benefits home confinement can afford, such as opportunities to rebuild ties to family and to return to the workplace and to the community, may ultimately be less likely to recidivate. Although inmates in home confinement are transferred from correctional facilities and placed in the community, they are required to remain in the home during specified hours, and are permitted to leave only for work or other preapproved activities, such as occupational training or therapy. (last visited Apr. Congress has demonstrated through the passage of the SCA and the FSA an increasing interest in appropriately preparing inmates for reintegration into society, and an ongoing reevaluation of the societal benefits of incarceration versus non-custodial rehabilitative programs. 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 . Such cost savings were among the intended benefits of the First Step Act.[56]. See, e.g., available at https://www.justice.gov/olc/file/1457926/download 26, 2022). 26, 2020), 26. 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. informational resource until the Administrative Committee of the Federal rendition of the daily Federal Register on FederalRegister.gov does not the material on FederalRegister.gov is accurately displayed, consistent with . 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. U.S. Centers for Disease Control and Prevention, Basics of COVID-19 (updated Nov. 4, 2021), They are true success stories. 18, 2020); In contrast, according to the Bureau, an inmate in home confinement costs an at 5210-13, (Apr. 64. 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. 18 U.S.C. 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. documents in the last year, 285 23. Rep. No. (last visited Apr. 251(a), 122 Stat. Early studies demonstrated that around 64 percent of persons incarcerated in BOP institutions who were offered COVID-19 vaccinations accepted them. website. . 3624(c)(2)and even assuming the act of placement involves an ongoing process, the Bureau fully completes the act of lengthening the time for which an individual may be placed in home confinement under the CARES Act when an inmate is transferred to home confinement under the Act. documents in the last year, 859 H.R. The Proposed Rule concerns people that went to home confinement under the CARES Act. publication in the future. This determination was based on a culmination . 181 JAMA Internal Med. available at https://www.bop.gov/foia/docs/Home%20Confinement%20memo_2021_04_13.pdf. 2022 (OPI- RSD/RRM . 843-620-1100. 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 3624(c)(2) as the Director deems appropriate. The authority citation for part 0 continues to read as follows: Authority: The Effect of California's Realignment Act on Public Safety, . 4. 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. [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 Released prisoners cite family support as the most important factor in helping them stay out of prison. [49] for conditions such as hypertension, diabetes) in their original dispensed packaging with instruction labels. 62. at 304-06. 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 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. . 509, 510, 515-519. 281, 516 (2020) (CARES Act). The new memorandum provides updated guidance and supersedes the memorandum dated November 16, 2020.. 03/03/2023, 43 27. 3621(a) (A person who has been sentenced to a term of imprisonment . 1102, 134 Stat. Traditionally, the Federal Bureau of Prisons allowed inmates to be placed in home confinement . 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. The Act's name is the Coronavirus Aid, Relief, and Economic Security Act. 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. You must also prominently identify the confidential business information to be redacted within the comment. (Mar. Initially, prioritization is being made to review inmates who meet the following . See Home-Confinement, It has no effect on any other inmate, including those placed in home confinement under separate statutory authorities. Start Printed Page 36790 34 U.S.C. 12003(b)(2), 134 Stat. Id. 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. electronic version on GPOs govinfo.gov. available at https://www.cdc.gov/coronavirus/2019-ncov/your-health/about-covid-19/basics-covid-19.html 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. A memo issued in the final days of the Trump administration threatens to send around 4,500 people on home confinement back to . 5238. Chris' books include Directory of Federal Prisons (Middle Street Publishing . 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. Home-Confinement Placements Congress demonstrated support for this type of logical progression toward reentry in the First Step Act.