Dr. M Blatstein's Blog, Home Confinement, Preparation, Sentence Mitigation, White-Collar

HOME CONFINEMENT: MORE CLARITY FROM THE NEW BOP DIRECTOR, WILLIAM MARSHALL III

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PRIORITIZING INDIVIDUALS WHO DO NOT NEED STRUCTURED SUPPORT – TO HC. 6/17/2025

  • FSA [First Step Act] and SCA [Second Chance Act], cumulatively applied in sequence to maximize prerelease custody.

  • Residential Reentry Center (RRC) Bed Availability/Capacity Shall Not Be a Barrier to HC.

6-17-2025 Directive to Fully Implement First Step ActDownload

The new directive ensures that:

  • RRC bed capacity limitations will not be a barrier to Home Confinement when an
    individual is statutorily eligible and appropriate for such placement.
  • FSA Earned Time Credits and SCA eligibility will be treated as cumulative and
    stackable, allowing qualified individuals to serve meaningful portions of their sentences in
    home confinement when appropriate.
  • Conditional Placement Dates—based on projected credit accrual and statutory timelines—
    will drive timely referrals, not bureaucratic inertia.
  • Stable housing and community reintegration readiness, not past employment, will guide
    placement decisions.

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BOP Director Marshall III is directing the use of home confinement for eligible individuals under the First Step and Second Chance Acts. 5/28/2025.

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BOP TO Expand Home Confinement,Download

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The new directive outlines the following expectations for staff:

  • Home confinement is a priority for eligible individuals who do not require the structured support of a Residential Reentry Center (RRC). Placement in an RRC will be reserved for those who have the greatest need.
  • Unit Teams must utilize FSA and SCA Conditional Placement Dates to guide prerelease planning, based on projected Earned Time Credits (ETCs) expected to be earned. This ensures accurate and timely referrals.
  • Clarification of Statutory Authority: Staff must differentiate between the eligibility criteria for the FSA (First Step Act) and the SCA (Second Chance Act). It is essential to apply time credits accurately and to comprehend the limitations of each statute, particularly when determining the duration of pre-release custody. There is no limit on the number of FTCs (Time Credits) that can be applied toward home confinement.
  • Individualized Referral Process: Decisions will be based on each person’s needs, support systems, and readiness for reintegration.

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How do you demonstrate that you qualify for Home Confinement?

It’s all in your Release Plan – that Plan that we began before your Presentence Interview. Remember, it’s never too late to start this process.

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