We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.
CARES ACT UPDATE
Last Friday, I reported on the Dept of Justice’s final rule delegating to the Bureau of Prisons the authority to determine whichtprisoners on home confinement under the CARES Act will remain there and which prisoners will return to a secure facility.
A few updates: First, BOP Director Colette Peters has instructed Residential Reentry Managers “that any individual placed on home confinement under the CARES Act will remain on home confinement under the CARES Act for the remainder of their sentence, provided that they are compliant with the rules and regulations of community placement.” A BOP press release said, “While individuals who have successfully adjusted to home confinement should not be returned to secure custody, the Bureau, and its Residential Reentry Centers, will move swiftly in response to any individual on home confinement who poses a public-safety threat to the community.”
The problem with such BOP memos – as those familiar with the Bureau’s moving-target CARES Act eligibility memos know – is they are subject to change without notice. Still, its a bit heartening.
Speaking of the CARES Act, I reported last week that both the House and Senate had passed H.J.Res. 7, bringing an immediate end to the national COVID emergency, and thus moving the end of BOP CARES Act home confinement up from June 10th to early May.
President Joe Biden, while not happy with the Congressional action, said he would not veto it.
The clock is now ticking. The measure got to the President’s desk last Wednesday. He signed it last night (Monday, April 10th).
Thus, the BOP’s CARES Act placement authority will end on May 10th..
Office of the Attorney General, Department of Justice, Home Confinement Under the Coronavirus Aid, Relief, and Economic Security (CARES) Act (88 FR 19830, April 4, 2023)
BOP, Home Confinement Under the CARES Act (April 5, 2023)
H.J.Res. 7, Congress.gov (April 11, 2023)
Politico, Biden signs bill ending Covid-19 national emergency (April 10, 2023)
– Thomas L. Root