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

HOME CONFINEMENT 

THIS 6/17/2025 PRESS RELEASE APPEARS TO HAVE SOME TEETH BEHIND IT

ONLY TIME WILL TELL

 

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GETTING INTO THE DETAILS OF THE SECOND CHANCE ACT

• 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).
2. 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
   • Or six months.”
3. BOP staff are required to review inmates for RRC placement 17-19 months before their projected release date. Inmates must be individually considered using the five factors listed in §3621(b).
   1. The resources of the facility are 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.
      • No favoritism shall be shown to prisoners of high social or economic status in designating the place of imprisonment or making transfers under this subsection. 
      • 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 appropriate substance abuse treatment available for each prisoner the Bureau determines has a treatable substance addiction or abuse condition.
      • 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 Bureau’s authority under this section to determine or change that person’s place of imprisonment.
      • Notwithstanding any other provision of law, a designation of a place of imprisonment under this subsection is not reviewable by any court.

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18 USC 3624 (g)(2) under THE SCA: Charlie Brown, Lucy, and Lisa-legal info are skeptics...

18 USC 3624 (g)(2) under THE SCA – HOPEFULLY, DIRECTOR WILLIAMS HAS A BETTER HANDLE ON IMPLEMENTING HC.

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4. Elderly Home Detention through the First Step Act: Program availability is rare at all BOP facilities.

• The qualifying age is 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 endangering anyone if released to home detention.

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RDAP

• Time off Sentence with RDAP
  • sentenced > 36 months, you may receive up to 12 months off the sentence.
  • Sentenced> 30 months, you may receive up to 9 months off the sentence.
  • Sentenced> 24 months, you may receive up to 6 months off the sentence.
• IN ADDITION TO THE (UP TO ) 1 YEAR OF CREDITS – FOR SUCCESSFUL COMPLETION OF Other FSA PROGRAMS
• Following the completion of RDAP
  • Program Statement, 7430.02 Community Transitional Drug Abuse Treatment requires drug abuse treatment while in the community, either in HH or in HC. It has been understood that the BOP prefers HH or Halfway House, but that differs from their Program Statement, 7430.02.

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GOOD TIME CREDIT 15%

• Available to all incarcerated persons,
• However, not to those serving life or a sentence of less than a year.
• Good Time Credit is changed from 47 to 54 days per year, off Their Imposed Sentence.
• Time reduction from the date the sentence was imposed.
• Don’t get in trouble – No Infractions: CELL PHONES…
• To Get Good Time Credit, you must either have the following;
  1. Earned your GED or,
  2. Made satisfactory progress toward reaching your GED and
  3. Avoid disciplinary infractions.
• Good Time credit can be revoked after being given for ‘good cause’, but only in the following two examples:
  1. For e.g., riot, food strike, work stoppage, etc., or
  2. Misbehavior, where the BOP only learned about it – after the good time was given.

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MY PERSONAL THOUGHT ON PREPARATION, WHILE THE BOP DIRECTOR’S 6/17/2025 PRESS RELEASE SOUNDS GREAT,

• THERE ARE NO GUARANTEES GIVEN AS TO WHAT THE JUDGE, BOP, BOP DIRECTOR, OR PRESIDENT WILL DO. THAT IS A GIVEN.
• THE ONLY THINGS WE CAN CONTROL IS HOW WE PREPARE, AND HERE I’M REFERRING TO THE PRESENTENCE INTERVIEW.
• YES, THIS MAY BE OVERKILL, AND NOT NEEDED, BUT IT IS BETTER TO BE PREPARED AND HAVE EVERYTHING YOU NEED AT YOUR FINGERTIPS, RATHER THAN SUFFER THROUGH WHAT IF’S – BUYERS REMORSE, AND, I WISH I HAD DONE THAT.