Start Printed Page 36789 101, 132 Stat. See 3(b), 122 Stat. 18 U.S.C. 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 bill is a product of multi-year bipartisan negotiations and enjoys support from across the political spectrum.). H.R. better and aid in comparing the online edition to the print edition. 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. website. CARES Act sec. 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. FSA sec. 3(a), 122 Stat. __(Dec. 21, 2021), FREQUENTLY ASKED QUESTIONS REGARDING POTENTIAL INMATE HOME CONFINEMENT IN RESPONSE TO THE COVID-19 PANDEMIC . 2. The Act's name is the Coronavirus Aid, Relief, and Economic Security Act. Thus, in for better understanding how a document is structured but 27, 2020, 134 Stat 281). Inmates in home confinement must submit to drug and alcohol testing, and counseling requirements. For all the reasons set forth above, the Department proposes to promulgate this rulemaking under the Attorney General's authority, 1102, 134 Stat. The benefits include lower rates of new offense, reduced trauma and racial inequities, and better opportunities for behavior changes. Register (ACFR) issues a regulation granting it official legal status. documents in the last year, by the Nuclear Regulatory Commission [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 Wilson, Please submit electronic comments through the See id. (last visited Apr. 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]. And it is in the best penological interests of affected inmates. See id. Copenhaver, 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. 5. Courts have recognized the Bureau's authority to administer inmates' sentences,[54] Memorandum for the Director, Bureau of Prisons from the Attorney General, 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. individualized determinations about the conditions of confinement for inmates placed in home confinement under the CARES Act, as it does with respect to all prisoners,[27] July 20, 2022. available at https://www.justice.gov/olc/file/1355886/download. 1503 & 1507. 64 Fed. Guest Speaker: What is Human Trafficking - Definition: - Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age - Labor Trafficking ~ The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force . CARES Act sec. 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). 3. www.regulations.gov. The Effect of California's Realignment Act on Public Safety, 3621(a) (A person who has been sentenced to a term of imprisonment . This proposed rule does not impose any new reporting or recordkeeping requirements under the Paperwork Reduction Act of 1995, 44 U.S.C. [FR Doc. supporting this management principle. 12003(b)(2). Home Confinement 18 U.S.C. Federal Register. Re: Prioritization of Home Confinement As Appropriate in Response to COVID-19 Pandemic as part of your comment, but do not want it to be posted online, you must include the phrase PERSONAL IDENTIFYING INFORMATION in the first paragraph of your comment. These benefits include operational flexibility in managing BOP-operated institutions and cost savings for the Bureau. [59] 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 The governor signed Public Act 22-18 into law on Tuesday. 28, 2022). In comparison, section 12003(b)(2) uses the term covered emergency period at the beginning of the section only, referring to the time period during which the Director may lengthen a term of home confinement. 12003(b)(2), 134 Stat. 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 . 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). By Tena-Lesly Reid. Resume. 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. available at https://www.bop.gov/coronavirus/docs/bop_memo_home_confinement_april3.pdf Document Drafting Handbook 2022 (OPI- RSD/RRM . 516. To protect those most vulnerable to covid-19 during the pandemic, the Cares Act allowed the Justice Department to order the release of people in federal prisons and place them on home confinement . . See Discretion to Continue the Home-Confinement Placements of Federal Prisoners After the COVID-19 Emergency, 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. 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. It is not an official legal edition of the Federal 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. In response . Supervision of inmates in home confinement is also significantly less costly for the Bureau than housing inmates in secure custody. 38. Comments are due on or before July 21, 2022. Home-Confinement Placements In contrast, according to the Bureau, an inmate in home confinement costs an 53. 5194, 5238 (2018), 603(a), 132 Stat. at sec. 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. Still today, the BOP continues to screen people in the federal prisons to identify those . 03/03/2023, 827 When Congress passed the CARES Act back in March 2022, it lifted the normal 6 month ceiling on home confinement terms for inmates. see also 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. (last visited Apr. Chevron, U.S.A., Inc. 26-27 (2020), Federal Bureau of Prisons, PATTERN Risk Assessment, 41. 26, 2020), Moreover, the 30-day grace period also applies to section 12003(c), which provides for free video and teleconferencing for inmates during the covered emergency period. 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. Persons hospitalized in private or public hospitals were allowed only one individual with whom he or she could openly and privately correspond. See Home-Confinement, the material on FederalRegister.gov is accurately displayed, consistent with 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] [10] developer tools pages. has no substantive legal effect. (April 3 Memo). See increased crowding in prisons, which makes social distancing difficult, is associated with increased incidence of COVID-19. The Department has determined that there is no countervailing risk to the public safety that outweighs the benefits of this rulemaking. 843-620-1100. 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] The BOP proceeded to create stringent criteria to determine who would be released from prison and placed under home confinement during the national emergency order. documents in the last year, 987 Federal Register issue. 62. BOP RE: 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. available at: http://www.bop.gov/foia/docs/Home%20Confinemet%20memo_2021_04_13.pdf. 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. 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. 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. 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). 23. 26. 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. See v. 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. 751. 46. 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. 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. 17. Annual Determination of Average Cost of Incarceration Fee (COIF), 86 FR 49060, 49060 (Sept. 1, 2021). Start Printed Page 36795 Start Printed Page 36793 The Public Inspection page sec. Court Approves Settlement; BOP to Rapidly Process Lompoc Inmates Under Expanded CARES Act Home Confinement Rules. 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.

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