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October 22, 2008

New BOP regulation on halfway houses

The FAMM website has this interesting item about some new regs coming from the federal Bureau of Prisons.  Here are excerpts:

The Second Chance Act, signed into law by President Bush on April 9, 2008 increased the maximum amount of time a federal prisoner can be considered for placement in a halfway house from 6 months to 12 months.  The Act required the BOP to issue new regulations implementing this new rule within 90 days of April 9.  On October 21, 2008, the BOP issued an “interim rule with request for comments” that changes 28 C.F.R. §§ 570.20, 570.21, 570.22.  A copy of the rule is available online at http://edocket.access.gpo.gov/2008/E8-24928.htm....

Federal law provides for exceptions to this notice and comment process.  In this case, the BOP announced it is not going through the usual notice and comment procedure. It explained that the Second Chance Act timeframes (requiring regulations within 90 days of the law’s enactment) prevent it from publishing a proposed regulation and seeking comment.  Instead, they published this “interim rule with request for comments,” and the interim rule goes into effect immediately.  The BOP announced that it will “consider and discuss comments received during the comment period in our final rule document.”   

The new rule provides few clues on how the BOP will implement the new halfway house provisions in the Second Chance Act.  The Second Chance Act changed the amount of time a prisoner is entitled to be considered for pre-release placement in community confinement and eliminated the so-called “ten percent rule.” The new rule simply restates the Second Chance Act’s requirement that the BOP give individualized consideration to each prisoner when deciding how much halfway house time to award.  This “individualized consideration” will include considering the five factors set forth in 18 U.S.C. § 3621(b), as well as ensuring that the time granted to each prisoner is long enough “to provide the greatest likelihood of successful reintegration into the community.” 

October 22, 2008 at 04:02 PM | Permalink

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Comments

Thanks for this informative blog, I am in the proccess of opening my first halfway house on the Gulf Coast. I am a drug and alcohol counselor and a MSW graduate student; I retired from the navy after 24 years and still trying to figure out what I want to do when I grow up. I have a MBA and I am doing my internship for the MSW at a work release center (state faciity). What I have learned is that we have a real shortage of decent halfway houses and virtually no halfway homes, some of these places look like transiet barracks. No wonder the recividism rate is out of control, prison might be a better alternative.
I am going to use the Oxford Home model becuae I like the notion of self government. I am purchasing the first home but will move toward leasing property for future homes once we have established a solid HQ. Rex

Posted by: Rex Sanderson | Nov 8, 2008 11:15:20 AM

I have a ministry in the Arkansas prison system. I am trying to find a halfway house in the states of Arkansas, Louisiana, Tennessee or Oklahoma that will accept sexually charged inmates a halfway house to parole to. Any information available for such a halfway house would be greatly appreciated.

Thank you,

Bob McAtee
bob.mcatee@sbcglobal.net

Posted by: Bob | Dec 10, 2008 2:30:57 PM

Hi I truely hope that the Second Chance Law becomes effective very soon. I have a fiance who is incarcerated and I recently had a daughter right after he went to prison. He is a first time offender and even though I know he must suffer the consequences for his mistake I know he is a good man and will make better choices in the future. He has attended college and was working on his business management degree, he sold drugs after not making enough money to help his family. I was unaware of his decision to do this and one day I wake up and get a phone call that he had been arrested. A good person who usually told others to do the right thing had been sucked into the street life. Everyone including me was shocked. He is a person who shouldn't be in jail he should be in our communities influencing our youth to make a better choice than he did because the sacrifice is just not worth it. If you have any information to which steps I should take to improve this situation please post it to your blog.

Posted by: teacher | Feb 21, 2009 8:47:18 AM

i wonder what the 5 set factors stated above are

Posted by: tanya | Jun 19, 2009 12:02:24 PM

Hello.
I would like to start the halfway house in Georgia. What should I do to start? Should I go to my local Federal BOP office for directions, regulations, etc? Also, are those Halfway houses only permitted for federal inmates or state prison system, hence should I also go to the State Dep. of Prisons for directions. I would appreciate your advice.
Alex

Posted by: Alex | Dec 25, 2009 7:10:17 PM

I;M also interest in houses for vets ONLY.

Posted by: marlon sutton | Oct 11, 2010 11:07:28 PM

Thanks! Great Blog! Very useful information!
I’m glad to see this post.
Thanks again!

Posted by: גרר בתל אביב | Dec 30, 2010 11:37:44 AM

Thanks!

Very Interesting! Great Job! Great Blog!

Posted by: מוסך יונדאי | Jan 6, 2011 6:25:37 AM

I am interested in opening a halfway house in Louisiana. I am not sure how to get started. Can you give me any guidance?
Thank you

Posted by: dena cockerham | Feb 25, 2012 6:42:58 PM

I HAVE A QUESTION I AM A FEDERAL INMATE RELEASED TO A HALFWAY HOUSE 3 MMONTHS AGO. AT THE HALFWAY HOUSE THEY HAVE STAE INMATES AND FEDERAL INMATES HOUSED TOGETHER ON THE SAME FLOOR. I WAS AT WORK ONE DAY AND A STATE INMATE WENT IN MY ROOM AND PUT A NON NARCOTIC PILL IN MY ROOM . THE HALFWAY HOUSE DID A ROOM SEARCH AND FOUND THE PILLS WHICH IS A NON NARCOTIC CALLED NUEROTIN IT IS FOR NERVE DAMAGE. NOW I HAVE A STAEMENT FROM THE GIRL THAT SHE WENT IN MY ROOM WHEN I WAS AT WORK AND LEFT THE PILLS INMY ROOM. I GOT CHARGED WITH A 100 SERIES SHOT AND SHE GOT NOTHING. I JUST WANT TO KNOW WITH A WRITTEN STATEMENT FROM A STATE INMATE THAT SHE WENT IN MY ROOM WHILE I WAS AT WORK AND PUT THE PILLS IN MY ROOM IF THAT IS GOOD ENOUGH TO BEAT THE WRITE UP. NOT TO MENTION THEY HAVE US HOUSED WITH STATE INMATES ON THE SAME FLOOR. I THINK THEY ARE TRYNG TO COVER THEIR BUTT BY NOT LETTING ANYONE KNOW THEY HAVE US HOUSED TOGETHER. IT IS ACTUALLY A LAW SUIT. THANK YOU FOR YOUR TIME I'LL BE WITING ON AN EMAIL FROM YOU. I TRIED TO DO RESEARCH ON FEDERAL HALFWAY HOUSE RULES AND REGULATIONS BUT NOTHING IS POPPING UP UNDER A FBOP HANDBOOK FOR A HALFWAY HOUSE. I HAVE ONE FROM THE PRISON DO THEY HAVE TO FOLLOW THE SAME RULES AS PRISON?

Posted by: JENNIFER | Feb 15, 2014 5:05:04 PM

I was charged with a 100 series shot. I failed a breathalyzer test. I want to know the penalty of the charged being that my good time release date is in 2 days. I was Sentenced to 16 months, I only received 56days halfway house, and my max time on my sentence is in may. How much good time are they or can they take back for me?

Posted by: Saliam sudler | Mar 23, 2014 2:58:00 PM

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