THOUSANDS OF INMATES ARE BEING KEPT IN BOP CUSTODY BEYOND THEIR PRD.
ACLU Sues Bureau of Prisons for Keeping People in Prison Longer Than the Law Allows, 12/20/2024
WE’RE ALL IN AGREEMENT THAT THOUSANDS ARE BEING KEPT BEYOND THEIR PRD.
WHAT CAN BE DONE:
(3)Types.—A Prisoner could be placed in one of these three prerelease options as follows:
(A)Home confinement.—
(B)Residential reentry center.
Limited bed space is not the inmate’s fault. Every year, the Second Chance Act Community-based Financial Assistance provides funding expressly for brick-and-mortar locations and staffing to visit those in home confinement. Per the NBC (6/1/2024) article, LISA Legal (6/4/2024) said that the BOP had 144 halfway houses, 10,000+ beds, and 8,200+ prisoners. They admitted they had a poor tracking system, so these numbers aren’t guaranteed.
(C)Supervised release.
This, too, is available for the BOP at their discretion. Suppose the sentencing court has included a requirement for the prisoner to serve a term of supervised release after their imprisonment, as outlined in section 3583. In that case, the Director of the Bureau of Prisons may transfer the prisoner to begin this supervised release up to 12 months earlier than scheduled. This transfer can be based on applying time credits under section 3632.
WRITING FOR FORBES, WALTER PALVO has repeatedly pointed out the delays in the autocalculation of ETC. The lack of halfway space couldn’t keep the BOP from moving those eligible directly to home confinement.
BRUCE CAMERON, writing with SUSAN GIDDINGS, noted that Congress did not emphasize the importance of proximity in prerelease community programs within the First Step Act (FSA). This is concerning because the distance from home—whether 5 miles or 500 miles—can significantly affect an incarcerated person’s transition. Focusing only on distance may overlook individuals’ personal challenges as they reintegrate into their communities.
CURRENTLY BEING DONE BY ADMIN. REMEDY
AICs or inmates are left to implement THE ADMINISTRATIVE REMEDY PROCESS and its nuances.
Walter Pavlo has this notable new Forbes piece headlined “Courts Continue To Hand Bureau Of Prisons Losses On First Step Act,”
Other court cases followed, in which AIC was granted its ETC.
– Austen Yufenyuy v Warden FCI Berlin
– Sohrab Sharma (Middle District of Alabama, Case No.: 2:24-cv-158-RAH-KFP)