[58] 15 Criminology & Pub. [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. It is further supported by evidence demonstrating that the Bureau can appropriately manage public safety concerns related to inmates in home confinement, and by the penological, rehabilitative, public health, public safety, and societal benefits of allowing inmates to effectively prepare for successful reentry after the conclusion of their criminal sentences. Individuals in close contact with an infected persongenerally less than 6 feet apartare most likely to get infected. 23, 2020), Office of the Attorney General, Department of Justice. 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. 2. About the Federal Register on 13, 2021), 4001 and 28 U.S.C. See 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. continuing in the First Step Act of 2018.[46]. codifed at Items To Bring For Your Stay. . The day after the Attorney General's first memorandum, on March 27, 2020, the President signed into law the CARES Act, which expanded the authority of the Director to place inmates in home confinement in response to the COVID-19 pandemic upon a finding by the Attorney General. 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. 63. Individuals placed in home confinement under the CARES Act, like other inmates in home confinement, remain in the custody of the Bureau. Supervision staff monitor inmates' compliance with the conditions of home confinement by electronic monitoring equipment or, in a few cases for medical or religious accommodations, frequent telephone and in-person contact. See id. And it is in the best penological interests of affected inmates. See 5. 18 U.S.C. 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. 26, 2022). 509, 510, part 0 of title 28 of the Code of Federal Regulations is proposed to be amended as follows: 1. (last visited Apr. This prototype edition of the documents in the last year, 955 See, e.g., regulatory information on FederalRegister.gov with the objective of 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. 10. 3621(a) (A person who has been sentenced to a term of imprisonment . __, at *11-12. This information is not part of the official Federal Register document. 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. documents in the last year, 987 BOP RE: See 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. During the course of this reconsideration, the Bureau provided OLC with additional materials supporting its consistent interpretation of the CARES Act. available at https://doi.org/10.17226/25945 available at https://www.cdc.gov/coronavirus/2019-ncov/your-health/about-covid-19/basics-covid-19.html 1102, 134 Stat. 657, 692-93 (2008). Finally, OLC concluded that the appropriate action to focus on in determining the meaning of section 12003(b)(2) is the authority to lengthen the maximum period of home confinement, which is a discrete act. Congress further expanded the Bureau's use of home confinement through the FSA in three contexts. average of $55 per dayless than half of the cost of an inmate in secure custody in FY 2020. See Discretion to Continue the Home-Confinement Placements of Federal Prisoners After the COVID-19 Emergency, New law seeks to create path around state's constitutional health care provision adopted in 2012. 29, 2022). In contrast, according to the Bureau, an inmate in home confinement costs an The complaint filed last week claims five migrants detained at the Nye County Jail and . 27, 2020, 134 Stat 281). 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. Start Printed Page 36792 FSA Time Credits, 87 FR 2705 (Jan. 19, 2022). Proclamation 9994, Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak, 85 FR 15337 (Mar. codified at Among other items, the 2022 CAA provides a temporary extension to the CARES Act telehealth relief, which expired on December 31, 2021. 3624(g). 1109, 134 Stat. The Department incorporates the analysis from OLC's opinion into the preamble of this notice of proposed rulemaking. This is an amazing reality to be robustly celebrated, in part because it reveals that our federal system can effectively identify low-risk offenders who can be released early . documents in the last year, by the Energy Department __(Jan. 15, 2021), See 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. mum amount of time" for home confinement during the emergency and that the consequences of those decisions might cont inue, even though the authority to make the decision in the first instance has lapsed. 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. The first use establishes that the authority of the Bureau of Prisons to promulgate rules about video and telephonic visitations exists during the covered emergency period. . See 26, 2022). 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. paragraph. 18 U.S.C. 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. see also These benefits include operational flexibility in managing BOP-operated institutions and cost savings for the Bureau. 35. 467 U.S. at 843. shall be committed to the custody of the Bureau of Prisons until the expiration of the term imposed . In Fiscal Year (FY) 2019, the cost of incarceration fee (COIF) for a Federal inmate in a Federal facility was $107.85 per day; in FY 2020, it was $120.59 per day. . By implementing the CARES Act, Treasury is taking . According to the Bureau, 4,902 of these inmates were placed in home confinement pursuant to the CARES Act. The extension permits, but does not require, high deductible health plans (HDHPs) to provide telehealth and remote services for no deductible . 26, 2022). 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. 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. It uses the term covered emergency period twice, at the beginning and the end of the section. Once the Bureau has appropriately lengthened an inmate's maximum period of home confinement under the CARES Act, sections 3624(c)(2), 3621(a), and 3621(b) provide the Bureau with ongoing authority to manage that placement. 38. electronic version on GPOs govinfo.gov. Prob. (Mar. Court Approves Settlement; BOP to Rapidly Process Lompoc Inmates Under Expanded CARES Act Home Confinement Rules. CDC, Considerations for Modifying COVID-19 Prevention Measures in Correctional and Detention Facilities (June 22, 2021), The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), signed into law March 27, 2020, provides over $2 trillion of economic relief to workers, families, small businesses, industry sectors, and other levels of government that have been hit hard by the public health crisis created by the Coronavirus Disease 2019 (COVID-19). CDC, The Possibility of COVID-19 after Vaccination: Breakthrough Infections (updated Dec. 17, 2021), This repetition of headings to form internal navigation links 53. Please submit electronic comments through the 42. Rep. No. The Department's interpretation of the statute is also consistent with Congressional support for increasing the use of home confinement as part of reentry programming, as the Second Chance Act of 2007 and the First Step Act of 2018 demonstrate. 1) What are the eligibility requirements for an inmate to be considered for Home Confinement under the CARES Act and the Attorney General Guidelines? . Rep. No. 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. et seq. BOP later clarified that inmates with low or minimum PATTERN scores qualify equally for home confinement, and that the factors assessed to ensure inmates are suitable for home confinement include verifying that an inmate's current or a prior offense was not violent, a sex offense, or terrorism-related. developer tools pages. 3624(g)(2)(A)(iv), (g)(4). shall be committed to the custody of the Bureau of Prisons until the expiration of the term imposed . 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. BOP, Start Printed Page 36795 18. CARES Act Management: On Monday, NPR reported that only 17 of the 442 inmates returned to prison from CARES Act home confinement had committed new crimes. They are true success stories. at 1 (Apr. 16. documents in the last year, 87 See id. The Attorney General, under the Regulatory Flexibility Act (5 U.S.C. documents in the last year, 11 Federal Bureau of Prisons, Frequently Asked Questions regarding potential inmate home confinement in response to the COVID-19 pandemic, The economic impact of this proposed rule is limited to a specific subset of inmates who were placed in home confinement pursuant to the CARES Act and are not otherwise eligible for home confinement at the end of the covered emergency period. 18 U.S.C. NOTE: As of 12/21/2021, the OLC updated its guidance on home confinement. 34 U.S.C. On March 26, 2020, the Attorney General issued a memorandum instructing the Director to prioritize use of home confinement, where authorized, to protect the health and safety of inmates and Bureau staff by minimizing the risk of COVID-19 spread in Bureau facilities, while continuing to keep communities safe. See Wilson,
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