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March 26, 2020
Will thousands of federal prisoners be eligible for home confinement under AG Barr's new guidelines?
Attorney General William Barr's new directive and guidelines to the Bureau of Prisons to prioritize home confinement for certain at-risk inmates can be seen as a small response to a big emergency. This CBS News piece notes one response along these lines:
The announcement comes after calls from criminal justice advocacy groups to reduce prison populations nationwide in order to avoid what could be a disastrous and dangerous spread of the virus. Kevin Ring, the president of Families against Mandatory Minimums, told CBS News his concern is that inmates will die unnecessarily if the bureau does not take "bolder" actions. Ring says officials should consider other avenues like compassionate release. "I don't think it's enough," Ring said. "I think it's a small step in the right direction, but I think it's a peacetime move in a time of war."
Though I share the view that even bolder action is warranted, the extraordinary size and relatively low-risk profile of the federal prison population might still well mean that many thousands of federal inmates could be moved out of prison if BOP robustly implements AG Barr's guidance. The CDC states that "older adults and people of any age who have serious underlying medical conditions may be at higher risk for more serious complications from COVID-19," and possibly as much as 20% of the 175,000+ inmates might reasonably claim to be a-risk under CDC criteria and also claim to meet the other home confinement criteria set out by AG Barr.
Even assuming that only a very small percentage of prisoners, say, only 1 out of every 15 current federal prisoners, meet the home confinement criteria, that would still mean that well over 11,000 federal prisoners would be eligible to head home to serve out the rest of their sentences. Because BOP has a well-earn reputation for being unwilling or unable to help prisoners get out of federal facilities early, I am not so confident that we will soon be seeing thousands of federal prisoners heading home. But the directive from AG Barr now would seem to make that more of a possibility.
Prior related posts:
- "U.S. attorney general seeks to expand home confinement as coronavirus spreads in prisons"
- FAMM urges AG Barr to use new pending CARES Act provision to move federal prisoners into home confinement
March 26, 2020 at 11:13 PM | Permalink
Comments
I am a family member of an inmate - not an attorney, professor, etc. Question: how does an inmate request release (in light of Barr's memo to BOP dated 03/26/20) from warden? Is there a form? Is it perfectly OK to request it on a sheet of paper and explain the inmate's reasons for release, a home confinement plan and work/job plan upon release, etc and touch upon all points made in Barr's memo?Is it adviseable to mention the request is in response to Barr's memo dated 03/26/20 to BOP?
Thank you for your blog. I found you on twitter.
Anne Perryman
Posted by: Anne Perryman | Mar 27, 2020 10:10:44 AM
Good questions, for which I hope BOP will provide answers soon. I think all inmates and their loved ones and representative ought to be preparing short documents that address the items in the Barr memo (especially a re-entry plan and reasons why an inmate and his community would be safer with the inmate at home).
Posted by: Douglas A Berman | Mar 27, 2020 10:16:47 AM
I am awaiting designation to a federal prison camp. I was sentenced on February 12th for a white-Collar crime and am required to report on April 13th.
As you can imagine the uncertainty of what to expect at this time, in general, is terribly stressful, add to that the thought of being incarcerated with a chance of being infected just adds to my anxiety.
I am 62 years old and due to my age; I am classified in what is being called a more vulnerable group. I also have a history of mental health issues which includes a diagnosis of generalized anxiety disorder and major depressive disorder that require daily medication.
My family and I are obviously very concerned with what would happen to me if I am forced to report at that time. I am hopeful that I can receive home confinement in lieu of reporting until there is more clarity about testing and treatment. Is there any directive regarding those who have not yet reported? Before AG Barr's memo they were accepting new inmates and quarantining them for 14 days which adds another level of anxiety to an already bad situation.
Any advice would be appreciated.
Thanks.
Keith O
Posted by: Keith O | Mar 28, 2020 1:19:13 PM
I am the wife of a federal inmate. Not an Attorney, student etc. My husband qualiys for home confinement and was supposed to be released 3/19/2020 to a halfway house but because of a mistake from the BOP he was held back and when they realized their mistake they told him they'd give him another release date thurs 3/26 a week later only to be told the night before that they weren't releasing him as well as others for an unforeseen reason and they wouldn't be able to ask questions or file papers for a month. My husband is type 2 diabetic. And is more capable of contracting the virus in there. When i spoke to the halfway house thwy said the inmate had to be within their facilities to request home confinement. Who/Where do i write to about this, the warden or his case worker? This past week and a half has been a huge run around.
Posted by: Kimberly garcia | Mar 29, 2020 4:40:03 PM
I am the wife of a federal inmate. Not an Attorney, student etc. My husband qualiys for home confinement and was supposed to be released 3/19/2020 to a halfway house but because of a mistake from the BOP he was held back and when they realized their mistake they told him they'd give him another release date thurs 3/26 a week later only to be told the night before that they weren't releasing him as well as others for an unforeseen reason and they wouldn't be able to ask questions or file papers for a month. My husband is type 2 diabetic. And is more capable of contracting the virus in there. When i spoke to the halfway house thwy said the inmate had to be within their facilities to request home confinement. Who/Where do i write to about this, the warden or his case worker? This past week and a half has been a huge run around.
Posted by: Kimberly garcia | Mar 29, 2020 4:40:04 PM
I am a mother who's only son is in Federal Prison. He was sentenced to 12 years but when the State time was up the State of Arkansas let him come home. He was home for 2 years and had started a lawn care business with his wife and was doing really well. The state came to my home and said if he turned himself in at the Federal Building in Little Rock it would be better on him an he would see a judge, but he never got to see a judge. So he did and now they have taken his 24 months of time served away and redid his sentence at the Federal prison without him even seeing a judge. It was their mistake not his. We had asked the probation officer about his Fed. time but he had no record that he was to go from State to Federal so let him out. I don't think this is fair treatment an he should get his time served back.
Posted by: Delola Shaw | Apr 15, 2020 12:15:15 PM
I am the wife to a federal inmate that is detained at fmc devens in ayer masschussettes the reason for this memo to find help on how my husband can come home to home conefinement due to this covid 19 this viras is a serious matter and im afraid for my husband he doesnt have medical issue. but however these jails r not safe they dont have the right supplys to keep it clean, its over crowded as well. I dont care what caution they or taking u cannot stop this viras from coming in there or spreading this is a serious matter and BOP needs to no that they really need to reduce the number of inmates with low crimes. and they should be elidgable to home conefinment. my name is zina daniels and my email is [email protected] can u please email me if you can help thank you
Posted by: zina daniels | Apr 24, 2020 1:25:33 PM
