The Revised Guidance for Residential Reentry Center (RRC) Placements issued on June 24, 2010 replaces the old BOP policy that declared an inmate could only be granted halfway house time of up to six months, or ten percent of their sentence, whichever was less. At the time that the six month rule was implemented, the BOP believed that six months in a halfway house was adequate time for an inmate to prepare for a successful reentry. The old rule also mandated that if a warden recommended more than six months in a RRC, that recommendation had to be approved by the Regional Director.
The new memo now directs prison staff to consider placing a prisoner in a halfway house for a maximum of twelve months but does not guarantee that an inmate will automatically get twelve months, or go directly to home confinement. The memo encourages prison staff to consider each case individually, and to make its decision in the best interest of the inmate. The goal is for successful reentry.
The memo also decreed that prison staff no longer need to get permission from the Regional Director for a halfway house recommendation of over six months, and that Community Correction Management (CCM) staff that disagrees with the length of an inmate’s placement at its facility can no longer deny that inmate placement, unless bed space is not available.
If an inmate has a serious medical condition or mental health issue, the BOP staff can send that inmate directly to home confinement if a halfway house cannot provide adequate treatment, and the inmate can obtain that treatment on home confinement.
Federal prisoners can now decline being placed in a halfway house without being penalized, and inmates who refused to participate in some type of prison program, or who had some disciplinary issues, may still be considered for halfway house placement if the prison staff believes that a halfway house would be beneficial.
All prisoners who will be released should receive at least ninety days in a halfway house, with those who might recidivate being placed for a longer period of time, the memo recommends. Inmates classified as minimum-security level, and who have an approved address to be released to, can now be considered for home confinement, instead of a halfway house, when their eligibility date for home confinement is reached, even if it is for under ninety days. This does not apply to residential drug program (RDAP) graduates.
CCM staff is also required to send minimum-security inmates directly to home confinement, or release them to home confinement after a fourteen day, or less, stay at the halfway house. The CCM will be held accountable to the BOP if minimum-security inmates are not released to home confinement during the allotted time period. Inmates deemed as a high risk to commit another offense, but who took several prison programs, will be given consideration to be placed in a halfway house for a longer duration so that they can develop needed community connections. There are no guarantees that a prisoner will be released to a halfway house earlier, or for a longer period of time; likewise, home confinement is not assured. The BOP staff have the final say, but the new guidelines give them more options when making their decisions.
|
|
|
|
