Question:
You recently sent out a copy of the new rule issued by the BOP implimenting the community confinement and Home detention requirements included in the "Second Chance Act". The rule Provides among other things in sSection 570.22. that: " Inmates will be considered for pre-release community confinement in a manner consistent with 18 U.S.C. section 3621(b), determined on an individual bases and of sufficient duration to provide the greatest likelihood of successful reintegration into the community , within the time-frames set forth in this part." The time frames set forth in section 570.21state: "......a portion of the final months of that term (not to exceed 12 months), under conditions that will afford that prisoneer a reasonable apportunity to adjust to and prepare for the reentry of that prisoner into the community." It also states: "The authority under this subsection may be used to place a prisoner in home confinement for the shorter of 10 percent of the term of imprisonment of that prisoner or 6 months." As of today the BOP staff is still informing all prisoners that the BOP is not considering any prisoner for more than 6 months community confinement. In other words the BOP is ignoring both the "Second Chance Act" and it's own regulation. Would you please make some effort to get compliance with these provisions which were clearly the intent of congress when it passed the "Second Chance Act". There really are circumstances where the added time in the community would be of great benefit in helping some of us re- integrate. PLEASE HELP!!! AN ANSWER WOULD BE MUCH APPRECIATED! !!!
Answer:
We are of the same opinion as you. Unfortunately, the Director of the BOP feels that inmates do not need more than 6 months HWH and we have been unable to dissuade him otherwise. The ABA and FAMM have published a well-researched letter in response to the arguments the BOP made in their Federal Register notice.Kenny Linn, J.D., LL.M.Chairman, FedCure
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