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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). More information and documentation can be found in our These include increasing the Bureau's ability to control inmate populations in BOP facilities and in the community, allowing it to be responsive to changed circumstances; empowering the Bureau to make individualized assessments as to whether inmates placed in home confinement should remain in home confinement after the end of the covered emergency period, taking into account, for example, penological goals and the benefits associated with an inmate establishing family connections and finding employment opportunities in the community; and allowing the Bureau to weigh the ongoing risk of new COVID-19 outbreaks in BOP facilities against the benefit of returning any inmate to secure custody. [50] 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] 29, 2022); Nat'l Academies of Sciences, Engineering, and Medicine, 13, 2020). and breakthrough infections may occur even in fully vaccinated persons, who are then able to spread the disease. Before the pandemic, the Bureau of Prisons had the authority to transfer inmates to home confinement for just the final six months of their sentences. See The new memorandum provides updated guidance and supersedes the memorandum dated November 16 . [55] 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 286-97; 823 F.3d 1238, 1242 (9th Cir. 18 U.S.C. . 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. available at 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 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. at *12. 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. 12003(c)(1), 134 Stat. Even if section 12003(b)(2) of the CARES Act were found to be ambiguous, the Department believes its view would be entitled to deference as a reasonable reading of a statute it administers. 181 JAMA Internal Med. 23-44 (2020), The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. If you want to inspect the agency's public docket file in person by appointment, please see the 301. The term to place derives from a different statute18 U.S.C. 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. A 2019 study found that Black women comprise 42 percent of women in solitary detention yet only 21.5 percent of all female prisoners. They are true success stories. [68] 29, 2022). 8. Congress plainly intended the Department to use its discretion, drawing on the expertise of the Attorney General and the Director, to administer section 12003(b)(2) of the CARES Act. Annual Determination of Average Cost of Incarceration Fee (COIF), 86 FR 49060, 49060 (Sept. 1, 2021). The bill focuses on development and support of programs that provide alternatives to incarceration, expand the availability of substance abuse treatment, strengthen families, and expand comprehensive re-entry services. v. 52. See 19. Memorandum for the BOP Director from the Attorney General, Recently, Congress passed a government funding bill, entitled the Consolidated Appropriations Act of 2022 (2022 CAA). PATTERN is a tool that measures an inmate's risk of recidivism and provides her with opportunities to reduce her risk score. The Department incorporates the analysis from OLC's opinion into the preamble of this notice of proposed rulemaking. Allowing certain inmates who were placed in home confinement under the CARES Act to remain in home confinement after the expiration of the covered emergency period will also afford a number of operational benefits. See Home-Confinement, Although the Department believes its understanding of CARES Act section 12003(b)(2) is the best reading of the statute for the reasons explained above, were a court to disagree and find the statute unclear, the Department's interpretation would be reasonable for those same reasons and the additional reasons explained below. Federal Home Confinement In The Covid-19 Era. The Public Inspection page may also 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. [6] Start Printed Page 36789 Information about this document as published in the Federal Register. include documents scheduled for later issues, at the request 5238. By Katie Benner. documents in the last year, 87 751. (last visited Apr. [37] An inmate's failure to comply with the conditions of home confinement results in disciplinary action, which may include a return to secure custody or prosecution for escape. Because the affected inmates are currently serving their sentences in home confinement, there will be no new costs associated with this proposed rulemaking. CARES Act sec. available at https://www.cdc.gov/coronavirus/2019-ncov/your-health/about-covid-19/basics-covid-19.html legal research should verify their results against an official edition of It uses the term covered emergency period twice, at the beginning and the end of the section. documents in the last year, 517 Many of these individualsall of whom have been successfully serving their sentences in the communitymay have release dates more than six months after the expiration of the covered emergency period when it expires, and therefore may not then be eligible for placement in home confinement under 18 U.S.C. 5194, 5238 (2018), 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 . (last visited Apr. 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; . paragraph. 47. et seq. 603(a), 132 Stat. In terms of law, home confinement is a standard practice in federal prisons that predates the COVID-19 pandemic. 13, 2021), 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). These benefits include operational flexibility in managing BOP-operated institutions and cost savings for the Bureau. 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. 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. 3624(c)(2)].[48] (last visited Apr. 26-27 (2020), COVID-19 is caused by an extremely contagious virus known as SARS-CoV-2 that has spread quickly around the world. Second, the SCA established a pilot program to allow the Bureau to place eligible non-violent elderly offenders in home confinement for longer periods. See The Department has assessed the costs and benefits of this rulemaking as required by Executive Order 12866 section 1(b)(6) and has made a reasoned determination that the benefits of this rulemaking justify its costs. 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. [20] (3) This section concerns only inmates placed in home confinement under the CARES Act. 13. Such cost savings were among the intended benefits of the First Step Act.[56]. 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. 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. available at https://www.congress.gov/bill/115th-congress/senate-bill/756/actions?r=6&s=9 FSA Time Credits, 87 FR 2705 (Jan. 19, 2022). 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. The majority of those inmates have since completed their sentences; as of January 10, 2022, there were 7,726 inmates in home confinement. This proposed rule falls within a category of actions that the Office of Management and Budget (OMB) has determined to constitute a significant regulatory action under section 3(f) of Executive Order 12866 because it may raise novel legal or policy issues arising out of implementation of section 12003(b)(2) of the CARES Act and, accordingly, it was reviewed by OMB. See 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. see The Bureau recently published a final rule codifying Bureau procedures regarding time credits that govern pre-release custody placements under section 3624(g). at *7-9. The Act's name is the Coronavirus Aid, Relief, and Economic Security Act. 12003(b)(2), 134 Stat. 39 Vaccine 5883 (2021). 34 U.S.C. First, the FSA demonstrated Congress's interest in increasing the amount of time low-risk offenders spend in home confinement, while continuing to leave decisions about individual prisoners to the Bureau's discretion, by providing that [t]he Bureau of Prisons shall, to the extent practicable, place prisoners with lower risk levels and lower needs on home confinement for the maximum amount of time permitted under [18 U.S.C. 101(a), 132 Stat. 115-699, at 22-24 (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.). The Public Inspection page of the issuing agency. the material on FederalRegister.gov is accurately displayed, consistent with and discretion to designate the place of those inmates' imprisonment. Neither the BOP nor the DOJ have publicly released or published that memo, however, leaving criminal defense . It was previously unclear whether inmates would have to return to prison when the pandemic ends. H.R. Coronavirus Aid, Relief, and Economic Security Act, Public Law 116-136, sec. et al., COVID-19 vaccination in the Federal Bureau of Prisons, December 2020-April 2021, documents in the last year, 1476 Memorandum for Chief Executive Officers from Andre Matevousian www.regulations.gov. 4. (GC 2022-D015) . O.L.C. But the prisoners who were released under the . Re: Increasing Use of Home Confinement at Institutions Most Affected by COVID-19, (last visited Jan. 11, 2022). Federal Bureau of Prisons Program Statement 7320.01, CN-2, Home Confinement (updated Dec. 15, 2017), The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. Data show that these procedures have been working to preserve public safety where inmates were placed on extended home confinement under the CARES Act, and the Department expects that such measures will continue to be effective after the end 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). After the placement is made, the Bureau's ongoing management of the inmate is further authorized by other Federal statutes. Still today, the BOP continues to screen people in the federal prisons to identify those . and services, go to 18 U.S.C. This prototype edition of the 657, 692-93 (2008). But the current opinion also explains the rationale underlying its [41] Proclamation 9994, Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak, 85 FR 15337 (Mar. See, e.g., 38. 30. 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 [45] WASHINGTON Thousands of federal inmates will become eligible for release this week under a rule the Justice Department published on Thursday that allows more . L. 115-391, sec. Relevant information about this document from Regulations.gov provides additional context. Policy 315 (2016). Where a United States Attorney's Office does not prosecute, BOP imposes administrative sanctions. documents in the last year, 823 The benefits include lower rates of new offense, reduced trauma and racial inequities, and better opportunities for behavior changes. available at https://www.cdc.gov/coronavirus/2019-ncov/downloads/community/correction-detention/COVID-Corrections-considerations-for-loosening-restrictions-Webinar.pdf 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. Such individualized assessments are consistent with direction the Bureau has received from Congress in other contexts. the current document as it appeared on Public Inspection on Their freedom didn't last long. 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). . [57] by the Foreign Assets Control Office 42. The . The Department's interpretation of the CARES Act is consistent with bipartisan legislation signaling Congress's interest in expanding the use of home confinement and placing inmates in home confinement for longer periods of time. (Mar. These markup elements allow the user to see how the document follows the Jan. 13, 2022. documents in the last year, 11 This section differs from section 12003(b)(2) in important ways. 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). 50. et al., 516. 3621(a) (A person who has been sentenced to a term of imprisonment . 603(a), 132 Stat. That guidance also instructed that pregnant inmates should be considered for placement in a community program, to include home confinement. 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. provides that most people on home confinement should remain there through the end of their sentence. [28] Register (ACFR) issues a regulation granting it official legal status. offers a preview of documents scheduled to appear in the next day's for better understanding how a document is structured but 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. 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 . 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. Older adults and individuals with underlying medical conditions are at increased risk of severe illness or death. Darren Gowen, 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). 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. Today, the Department of Justice announced that a new rule has been submitted to the Federal Register implementing the Time Credits program required by the First Step Act for persons incarcerated in federal facilities who committed nonviolent offenses. documents in the last year, 20 See id. (Apr. The publication also suggests best practices for implementing community-based . Under these agreements, individuals placed in home confinement are subject to electronic monitoring; check-in requirements; drug and alcohol testing; and transfer back to secure correctional facilities for any significant disciplinary infractions or violations of the agreement. 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. 3621(a) (A person who has been sentenced to a term of imprisonment . .). See Bureau of Prisons, Home Confinement Under the CARES Act at 2 (Nov. 20, 2020). 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 . In this Issue, Documents [10] Comments are due on or before July 21, 2022. Following the issuance of a final rule, the Bureau will develop, in consultation with the Department, guidance to explain criteria that it will use to make individualized determinations as to whether any inmate placed in home confinement under the CARES Act should be returned to secure custody. [FR Doc. CARES Act sec. developer tools pages. 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.

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