Dr. M Blatstein's Blog

Second Chance Reauthorization Act

Second Chance Reauthorization Act (SCRA). 12 MONTHS in an RRC Law  

    • If your sentence is > 60 mo (5 yrs) = last 6 mo on home confinement
    • If your sentence is < 60 mo (5 yrs) = last 10% on home confinement
  1. The regulation mandates that 
    • “Inmates may be designated to community confinement as a condition of pre-release custody and Programming during their final months not to exceed twelve months.” 28 C.F.R. § 570.21(a).
  1. This regulation also provides for 
    • home detention as a condition of pre-release custody during their final months of imprisonment,
    • not to exceed the shorter of ten percent of the inmate’s term of imprisonment or
    • six months.”
  1. BOP staff is required to review inmates for RRC placement 17-19 months before their projected release date, and inmates are to be individually considered using the five factors listed in §3621(b).

(1)the resources of the facility contemplated;
(2)the nature and circumstances of the offense;
(3)the history and characteristics of the prisoner;
(4)any statement by the court that imposed the sentence—
(A)concerning the purposes for which the sentence to imprisonment was determined to be warranted; or
(B)recommending a type of penal or correctional facility as appropriate; and
(5)any pertinent policy statement issued by the Sentencing Commission pursuant to section 994(a)(2) of title 28.

    • In designating the place of imprisonment or making transfers under this subsection, there shall be no favoritism given to prisoners of high social or economic status.
    • The Bureau may at any time, having regard for the same matters, direct the transfer of a prisoner from one penal or correctional facility to another.
    • The Bureau shall make available appropriate substance abuse treatment for each prisoner the Bureau determines has a treatable condition of substance addiction or abuse.
    • Any order, recommendation, or request by a sentencing court that a convicted person serve a term of imprisonment in a community corrections facility shall have no binding effect on the authority of the Bureau under this section to determine or change the place of imprisonment of that person.
      • Notwithstanding any other provision of law, a designation of a place of imprisonment under this subsection is not reviewable by any court.
  1. Elderly Home Detention through the First Step Act: Rare to Get Program availability at all BOP facilities.
    • The qualifying age of 60+ years and You can serve that last part at Home
    • you must have served two-thirds of the sentence must be served to be eligible.
    • the offender must be serving a term of imprisonment other than life imprisonment based on a conviction for an offense or offenses that
      • the offender must not have been convicted in the past of any Federal or State crime of violence, sex offense, or other offense enumerated in the statute.
    • the offender must not have escaped or attempted to escape from a BOP institution;
    • the BOP must determine that the release of the offender to home detention will result in a substantial net reduction of costs to the federal government, and
    • the BOP must determine that the offender poses no substantial risk of engaging in criminal conduct or of endangering any person if released to home detention.