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. see also 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. 3624(c)(2). The Department has determined that there is no countervailing risk to the public safety that outweighs the benefits of this rulemaking. 5 U.S.C. 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. ). 1109, 134 Stat. As has already been discussed, the Department's interpretation of the CARES Act is aligned with the relevant statutory language, structure, purpose, and history. They are not permitted to leave their residences except for work or other preapproved activities such as counseling. et al., 3624(c)(2). 18 U.S.C. Advocacy and . . 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 . 45 Op. 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] 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. 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. 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. . available at https://www.bop.gov/foia/docs/Updated_Home_Confinement_Guidance_20201116.pdf. After the placement is made, the Bureau's ongoing management of the inmate is further authorized by other Federal statutes. CDC, Considerations for Modifying COVID-19 Prevention Measures in Correctional and Detention Facilities (June 22, 2021), 467 U.S. 837 (1984).[29]. 5194, 5238 (2018), CARES ACT | Home Confinement | COVID- 19 & the BOP dropping the ballMany individuals were scheduled to be released directly to home confinement due to COVID-. available at https://doi.org/10.17226/25945 See Home-Confinement Placements, Start Printed Page 36793 Congress vested the Attorney General with broad control over the control and management of Federal penal and correctional institutions and the ability to promulgate rules for the government thereof.[42] sec. 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. inmate considered and must continue to act consistently with its obligation to preserve public safety. 3, 2020), 12. . at sec. on The Public Inspection page FSA, Pub. It has no effect on any other inmate, including those placed in home confinement under separate statutory authorities. [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 regulatory information on FederalRegister.gov with the objective of available at https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/living-prisons-jails.html documents in the last year, 667 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. 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. codified at These markup elements allow the user to see how the document follows the 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. (last visited Jan. 11, 2022). 50. 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. Essentially, the CARES Act allows select eligible inmates to be placed in home confinement during the federal COVID-19 state of emergency. 301. 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] Encourage the United States Senate to promptly pass The Emmett Till Antilynching Act. 27. 6. 24. 12003(c)(1), 134 Stat. __(Dec. 21, 2021), In addition, the consequences of temporary CARES Act authorities may extend past the emergency period. id. 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. at 5198, But the prisoners who were released under the . 28, 2022). Home confinement is an alternative to jail or prison. 19. 53. In its recent opinion, OLC concluded that section 12003(b)(2) does not require the Bureau to return to secure custody inmates on CARES Act home confinement following the end of the covered emergency period. 2022 (OPI- RSD/RRM . The number of new offenders represented less than two-tenths of a percent of the 11,000 sent home. Traditionally, the Federal Bureau of Prisons allowed inmates to be placed in home confinement . following the end of the covered emergency period. FSA Time Credits, 87 FR 2705 (Jan. 19, 2022). These benefits include operational flexibility in managing BOP-operated institutions and cost savings for the Bureau. 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. without making an individualized assessment or identifying a penological, rehabilitative, public health, or public safety basis for the action. 603(a), 132 Stat. 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. This proposed rule is not a major rule as defined by the Congressional Review Act, 5 U.S.C. 3. 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. 1) What are the eligibility requirements for an inmate to be considered for Home Confinement under the CARES Act and the Attorney General Guidelines? 3624(g). Federal Bureau of Prisons, PATTERN Risk Assessment, Initially, prioritization is being made to review inmates who meet the following . See, e.g., available at: http://www.bop.gov/foia/docs/Home%20Confinemet%20memo_2021_04_13.pdf. See Home Confinement of Federal Prisoners After the COVID-19 Emergency, 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. Earlier this week, the Department of Justice proposed a final rule authorizing the director of the BOP to "allow prisoners placed in home confinement under the CARES Act to remain in home confinement after the expiration of the covered emergency period," in this case the COVID-19 pandemic. 26, 2022) (Conditions of confinement do not afford individuals the opportunity to take proactive steps to protect themselves, and prisons often create the ideal environment for the transmission of contagious disease. 18 U.S.C. 42. 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. 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. And it is in the best penological interests of affected inmates. 11. 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. 28, 2022). [5] 59. 4001(b)(1). [47] 5238. available at https://www.cdc.gov/coronavirus/2019-ncov/your-health/about-covid-19/basics-covid-19.html [26] After July 21, 2022, the BOP and DOJ will review the comments and issue a Final Rule. See 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. Federal Prison Bureau Nonviolent Offender Relief Act of 2021 This bill establishes a new early release option for certain federal prisoners. This rulemaking reflects the interpretation of the CARES Act set forth in OLC's December 21, 2021 opinion, is consistent with recent legislation from Congress supporting expanded use of home confinement, and advances the best interests of inmates and the Bureau from penological, rehabilitative, public health, and public safety perspectives.

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