CARES Act sec. [37] 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 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] 18 U.S.C. Other potential costs relate to inmates serving longer sentences in home confinement as a result of the CARES Act. . O.L.C. Inmates who violate these conditions may be disciplined and returned to secure custody. COVID-19 most often causes respiratory symptoms, but can also attack other parts of the body. et al., COVID-19 vaccination in the Federal Bureau of Prisons, December 2020-April 2021, The total number of inmates placed in home confinement from March 26, 2020 to the present (including inmates who have completed service of their sentence) is 31,503." The Biden administration is . documents in the last year, 823 26, 2022). 1315 (2021); 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. 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. Such legislative efforts have been part of Congress's broader push to manage prison populations, facilitate inmates' successful reentry into communities, and reduce recidivism risk. Chevron, 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. See, e.g., 26, 2020), [5] CARES Act sec. 3, 2020), The Department incorporates the analysis from OLC's opinion into the preamble of this notice of proposed rulemaking. departure from the three principal determinations upon which the January 2021 OLC opinion was grounded. 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. 1) What are the eligibility requirements for an inmate to be considered for Home Confinement under the CARES Act and the Attorney General Guidelines? developer tools pages. See id. 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 feature is not available for this document. 657, 692-93 (2008). 2022-13217 Filed 6-17-22; 8:45 am], updated on 4:15 PM on Friday, March 3, 2023, updated on 8:45 AM on Friday, March 3, 2023. [61] on Start Printed Page 36788. [57] 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. Although COVID-19 often presents with mild symptoms, some people become severely ill and die. (Apr. 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. At this moment, thousands of people safely completing their sentences at home are living in fear that they'll be sent back to federal prison through no fault of their own. A few days ago, NPR reported that only 17 out of the 11,000 federal prisoners released on home confinement under CARES were arrested for new crimes. 45 Op. 20. 27. 36. See For example, Congress has made clear that the Bureau must base its determination of an inmate's place of imprisonment on an individualized assessment that takes into account factors including the inmate's history and characteristics. These markup elements allow the user to see how the document follows the Frequently Asked Questions regarding potential inmate home confinement in response to the COVID-19 pandemic. BOP, 3624(c)(2) after the expiration of the covered emergency period (or if the Attorney General were to revoke his findings). Start Printed Page 36794 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. 18 U.S.C. Inmates placed in home confinement are considered in the custody of the Bureau and are subject to ongoing supervision, including monitoring, drug and alcohol testing, and check-in requirements. As noted above, 23-44 (2020), 13, 2021), About the Federal Register __, at *11-12. available at https://www.congress.gov/bill/115th-congress/senate-bill/756/actions?r=6&s=9 See at 516. __(Dec. 21, 2021), following the end of the covered emergency period. 301; 28 U.S.C. Register documents. Despite public requests to rescind the memo, the . documents in the last year, 955 . According to The Hill, Delia Addo-Yobo is a staff attorney for the Robert F. Kennedy Human Rights U.S. Proclamation 9994, Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak, 85 FR 15337 (Mar. on (Mar. the Department's assessment, public safety considerations do not undercut the benefits associated with allowing inmates placed in home confinement under the CARES Act to remain in home confinement after the expiration of the covered emergency period. The BOP had this authority long before the CARES Act, most recently updating its standards in 2019. It further explained that inmates who engaged in violent or gang-related activity while in prison, those who incurred a violation within the past year, or those with a PATTERN score above the minimum range would not receive priority consideration under the memorandum. 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. See, e.g., 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. Annual Determination of Average Cost of Incarceration Fee (COIF), 86 FR 49060, 49060 (Sept. 1, 2021). 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. The Rule is open for public comment until July 21, 2022. Start Printed Page 36796 at 516. In this Issue, Documents . Start Printed Page 36791 The documents posted on this site are XML renditions of published Federal 3624(c)(2) as the Director deems appropriate. 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. Rep. No. 751. This prototype edition of the BOP RE: Recently, Congress passed a government funding bill, entitled the Consolidated Appropriations Act of 2022 (2022 CAA). Start Printed Page 36789 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. Federal Prison Bureau Nonviolent Offender Relief Act of 2021 This bill establishes a new early release option for certain federal prisoners. If you want to inspect the agency's public docket file in person by appointment, please see the (3) This section concerns only inmates placed in home confinement under the CARES Act. 63. [7], The United States Centers for Disease Control and Prevention (CDC) within the Department of Health and Human Services has recognized that the 18 U.S.C. 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. 1. April 07, 2022. 8. 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. headings within the legal text of Federal Register documents. (last visited Apr. See id. 13. See See id. publication in the future. 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. 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. COVID-19 is caused by an extremely contagious virus known as SARS-CoV-2 that has spread quickly around the world. Start Printed Page 36790 (last visited Apr. 1593Second Chance Act of 2007, Congress.gov, Data have shown that 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. After July 21, 2022, the BOP and DOJ will review the comments and issue a Final Rule. 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 OFR/GPO partnership is committed to presenting accurate and reliable You can also include a description of the CARES Act home confinement circumstances, and why these circumstances may present an "extraordinary and compelling" reason to reduce your sentence. 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 include documents scheduled for later issues, at the request Annual Determination of Average Cost of Incarceration Fee (COIF), 86 FR 49060, 49060 (Sept. 1, 2021). 64. 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. By Katie Benner. [12], The Attorney General's memorandum explained that some offenses would render an inmate ineligible for home confinement, and that other serious offenses would weigh more heavily against consideration for home confinement. . COVID-19 pandemic presents unique challenges for correctional facilities, such as those the Bureau manages. 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. It is in the best operational interests of the Bureau and the institutions it manages. 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. 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). 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 The Public Inspection page O.L.C. [34] At the time of this previous opinion, the Bureau was of the view that the consequences of its proper exercise of discretion to lengthen the maximum period of home confinement during the covered emergency period could continue after the expiration of the COVID-19 emergency. Most are working, paying taxes, and supporting themselves and their children. at sec. Initially, prioritization is being made to review inmates who meet the following . 23. that agencies use to create their documents. There is no legislative history to support such a reading, and there are other plausible explanations for the grace period, including broader forms of administrative convenience and benefit, such as letting BOP finish processing home-confinement placements that were in progress and to which BOP had already devoted resources. 50. 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.
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