For all of these reasons, and for the additional reasons the operative OLC opinion explains in more detail, the Department believes that the best reading of the CARES Act is that an inmate whose period of home confinement the Director properly lengthened during the covered emergency period may remain in home confinement, at the Director's discretion, including after the covered emergency period ends. Although inmates in home confinement are transferred from correctional facilities and placed in the community, they are required to remain in the home during specified hours, and are permitted to leave only for work or other preapproved activities, such as occupational training or therapy. 1. 605(b)), reviewed this proposed rule and by approving it certifies that it will not have a significant economic impact upon a substantial number of small entities for the following reasons: This regulation pertains to the correctional management of offenders committed to the custody of the Attorney General or the Director of the Bureau of Prisons, and its economic impact is limited to the Bureau's appropriated funds. 3624(c)(2) as the Director deems appropriate. 603(a), 132 Stat. Statement for the Record HJC BOP Oversight Hearing U.S. Centers for Disease Control and Prevention, Basics of COVID-19 (updated Nov. 4, 2021), codified at And third, it reasoned that the authority to place a prisoner in home confinement required the exercise of ongoing legal authority due to the Bureau's frequent interactions with inmates in home confinement, and that authority would not exist after the expiration of the covered emergency period. 19. [22] The Rule is open for public comment until July 21, 2022. Sam Bent aka DoingFedTime - Author, Youtuber, Paralegal, Hacker, Defcon [58] 18 U.S.C. et al., Is Downsizing Prisons Dangerous? Reaffirm condemnation of torture as a human rights violation and call for an end to prolonged solitary confinement as a form of torture. 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. 64 Fed. Chevron, U.S.A., Inc. v. They were released from prison because of COVID-19 but got sent back. electronic version on GPOs govinfo.gov. See id. shall be committed to the custody of the Bureau of Prisons until the expiration of the term imposed . The number of new offenders represented less than two-tenths of a percent of the 11,000 sent home. 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. 18. . at *4. better and aid in comparing the online edition to the print edition.

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