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Home Confinement Under the CARES Act

Final Rule Issued

Home Confinement Under the CARES Act

(BOP) - On April 4, 2023, the Department of Justice (DOJ) issued a press release regarding granting discretion to the Director of the Bureau of Prisons to allow individuals placed in home confinement under the CARES Act to remain in home confinement after the expiration of the covered emergency period. Subsequently, Director Colette Peters provided a memorandum to all Residential Reentry Managers with information consistent with the DOJ final rule. She instructed "that any individual placed on home confinement under the CARES Act will remain on home confinement under the CARES Act for the remainder of their sentence, provided that they are compliant with the rules and regulations of community placement."

Noting that the vast majority of CARES Act home confinement placements have been successful while in the community, Director Peters emphasized that the Bureau's goal is to "ensure individuals on home confinement are given every opportunity to be successful." While individuals who have successfully adjusted to home confinement should not be returned to secure custody, the Bureau, and its Residential Reentry Centers, will move swiftly in response to any individual on home confinement who poses a public-safety threat to the community.