The First Step Act authorizes the BOP to release eligible elderly offenders and eligible terminally ill offenders onto home confinement as part of a pilot program that runs through 2023.<\/p>\n
The term eligible elderly offender means an offender in the custody of the Bureau-<\/p>\n
\n(1) who is not less than 60 years of age;<\/p>\n
(2) who is serving a term of imprisonment that is not life imprisonment based on conviction for an offense or offenses that do not include any crime of violence (as defined in section 16 of Title 18), sex offense (as defined in section 20911(5) of this title), offense described in section 2332b(g)(5)(B) of Title 18, or offense under chapter 37 of Title 18, and has served 2\u20443 of the term of imprisonment to which the offender was sentenced;<\/p>\n
(3) who has not been convicted in the past of any Federal or State crime of violence, sex offense, or other offense described in paragraph (2), above.<\/p>\n
(4) who has not been determined by the Bureau, on the basis of information the Bureau uses to make custody classifications, and in the sole discretion of the Bureau, to have a history of violence, or of engaging in conduct constituting a sex offense or other offense described in paragraph 2 above;<\/p>\n
(5) who has not escaped, or attempted to escape, from a Bureau of Prisons institution (to include all security levels of Bureau facilities);<\/p>\n
(6) with respect to whom the Bureau of Prisons has determined that release to home detention under this section will result in a substantial net reduction of costs to the Federal Government; and<\/p>\n
(7) who has been determined by the Bureau to be at no substantial risk of engaging in criminal conduct or of endangering any person or the public if released to home detention.<\/p>\n<\/blockquote>\n
The term eligible terminally ill offender means an offender in the custody of the Bureau who\u2014<\/p>\n
\n(1) is serving a term of imprisonment based on conviction for an offense or offenses that do not include any crime of violence (as defined in section 16(a) of Title 18, United States Code), sex offense (as defined in section 111(5) of the Sex Offender Registration and Notification Act (34 U.S.C. \u00a7 20911(5))), offense described in section 2332b(g)(5)(B) of Title 18, United States Code, or offense under chapter 37 of Title 18, United States Code;<\/p>\n
(2) satisfies the criteria specified in paragraphs 3 through 7 included in the Eligible Elderly Offender definition, above; and<\/p>\n
(3) has been determined by a medical doctor approved by the Bureau, i.e. Clinical Director of the local institution, to be: in need of care at a nursing home, intermediate care facility, or assisted living facility, as those terms are defined in section 232 of the National Housing Act (12 U.S.C. \u00a7 1715w); or diagnosed with a terminal illness.<\/p>\n<\/blockquote>\n
HOME CONFINEMENT PROCESS DETAILED BY BOP<\/h2>\n According to the new Operations Memorandum, the following process will apply to elderly or terminally ill offenders qualified for release on home detention:<\/p>\n
\nOffenders referred under this pilot shall be processed for home detention utilizing current RRC\/Home Confinement procedures.<\/p>\n
For Eligible Elderly Offenders, a BP-A0210, Institutional Referral for CCC Placement, will be completed. Staff should refer all inmates meeting criteria (1) through (5) in the definition of Eligible Elderly Offender, above. Reentry Services Division (RSD) staff will determine if the inmate meets criteria (6) and (7) under the definition. A clear annotation will be made on the referral packet that \u201cThis inmate is being referred for Home Confinement placement under the provisions contained in the First Step Act for placement of eligible elderly offenders and eligible terminally ill offenders.\u201d<\/p>\n
For Eligible Terminally Ill Offenders, to include debilitated offenders that may need placement in nursing home, intermediate care facility, or assisted living facility, institution staff will refer the inmate for a Reduction in Sentence (RIS) under Program Statement Compassionate Release\/Reduction in Sentence: Procedures for Implementation of 18 U.S.C. \u00a7\u00a7 3582 and 4205(g). If not appropriate for a RIS, the Office of General Counsel will provide RSD the RIS packet for consideration under this pilot.<\/p>\n<\/blockquote>\n
Requests for participation in home detention pilot program must be routed through the inmate’s case manager and unit team. Interestingly, inmates who are considered “terminally ill” will first be considered by the BOP for compassionate release before considered for release under the pilot program.<\/p>\n
<\/p>\n","protected":false},"excerpt":{"rendered":"
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,\u00a0Home 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…<\/p>\n","protected":false},"author":1,"featured_media":87669,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[606],"tags":[],"yoast_head":"\n
New BOP Policy Released | Home Confinement | Prison Conditions<\/title>\n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\t \n\t \n\t \n \n \n \n \n \n \n \n\t \n\t \n\t \n