DOJ letting inmates on COVID-related home confinement serve time out of prison even after pandemic

People serving time at home in the prison system due to danger posed by the COVID-19 pandemic may be able to stay there after the Biden administration declares the virus emergency is over, according to a Justice Department rule.

Attorney General Merrick Garland signed the rule, saying the Federal Bureau of Prisons has the right to let prisoners remain in home confinement under the Coronavirus Aid, Relief and Economic Security Act, provided they comply with the rules and regulations of community placement.

“The Justice Department is committed to protecting the safety of our communities and continuing to support the successful transition of those in home confinement back to society,” said Attorney General Merrick. B. Garland in a statement.

“This final rule makes clear that the director of the Bureau of Prisons has the discretion to ensure that those who have made rehabilitative progress and complied with the conditions of home confinement are not unnecessarily returned to prison.”

Former President Donald Trump signed the CARES Act in March 2020. The legislation let the BOP place some federal inmates in home confinement to limit the spread of COVID-19.

A year later, Sens. Cory Booker of New Jersey and Richard Durbin of Illinois, both Democrats on the Judiciary Committee, urged President Biden to rescind a Trump-era opinion that would force individuals in home confinement to return to federal prison following the COVID-19 pandemic.

The new rule may affect over 3,400 federal inmates placed in home confinement when the pandemic started. 

President Biden is expected to end the COVID national emergency on May 11.

For more information, visit The Washington Times COVID-19 resource page.