{ "id": "R46297", "type": "CRS Report", "typeId": "REPORTS", "number": "R46297", "active": true, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 623385, "date": "2020-04-23", "retrieved": "2020-05-01T22:25:03.602591", "title": "Federal Prisoners and COVID-19: Background and Authorities to Grant Release", "summary": "There is concern that coronavirus disease 2019 (COVID-19) could quickly spread among federal prisoners and prison staff because of the nature of the prison environment. Prisons are places where hundreds of prisoners and staff are living and working in close proximity to each other and where they are forced to have regular contact. Prisons are generally not conducive to social distancing. Also, prison infirmaries typically do not have the resources available to most hospitals, such as isolation beds, that would help prevent the spread of the disease. There are also concerns that if prison staff were hard hit by COVID-19, a significant number of staff would require quarantine; they would be unavailable to perform their duties, including providing care to sick prisoners; and the disease could spread. \nOn March 13, 2020, the Bureau of Prisons (BOP) released a COVID-19 action plan. The action plan largely focuses on restricting access to federal prisons and limiting the movement of prisoners between prisons. \nOn March 18, 2020, the American Civil Liberties Union (ACLU) sent a letter to the Department of Justice (DOJ) and its BOP seeking the release of prisoners in the custody of BOP and the U.S. Marshals Service (USMS) who might be at risk for serious illness because of COVID-19, and a reduction in the intake of new prisoners to avoid overcrowding. In addition, multiple Members of Congress have also urged DOJ and BOP to take steps \u201cto reduce the incarcerated population and guard against potential exposure to coronavirus,\u201d and legislation has been introduced that would require the release of some federal prisoners during a national emergency relating to a communicable disease.\nBOP updated its action plan on March 19, 2020, to clarify that while prisoner movement is limited under the plan, BOP will still move prisoners as needed to properly manage the prison population and to outline new conditions that must be met if a prisoner is transferred.\nOn March 31, 2020, BOP announced that effective April 1, 2020, all prisoners will be placed on a 14-day lockdown in their assigned cells as a measure to prevent the spread of COVID-19. Prisoners will be allowed to leave their cells during this period for certain reasons, such as attending programming or to shower and use the phone.\nOn April 14, 2020, BOP announced that its action plan, which was initially set to expire on April 12, 2020, would be extended until May 18, 2020.\nRegarding the release of federal criminal defendants in detention pending trial, 18 U.S.C. Section 3142 allows for federal courts to reopen pretrial detention hearings based on new information or permit temporary release of pretrial detainees for \u201ccompelling\u201d reasons. With respect to the release of federal prisoners who are currently serving their court-imposed sentences, 18 U.S.C. Section 3582(c)(1)(A) permits a federal court to reduce a prisoner\u2019s sentence and impose a term of probation or supervised release if the court finds that \u201cextraordinary and compelling reasons warrant such a reduction,\u201d or the prisoner is at least 70 years of age, the prisoner has served at least 30 years of his or her sentence, and BOP has determined that the prisoner is not a danger to the safety of any other person or the community. Under 34 U.S.C. Section 60541(g), BOP is authorized to conduct a program whereby elderly and terminally ill prisoners who meet certain statutory requirements can be placed on home confinement. Under 18 U.S.C. Section 3624(c), BOP is authorized to place prisoners in a Residential Reentry Center (i.e., a halfway house) and/or on home confinement at the end of their sentences. The Coronavirus Aid, Relief, and Economic Security Act (the CARES Act; P.L. 116-136) permits the BOP Director to extend the maximum amount of time for which a prisoner may be placed on home confinement under Section 3624(c)(2) under certain circumstances. Under Article II, Section 2 of the U.S. Constitution, the President has broad authority to grant clemency for federal offenses, which can include commuting a prisoner\u2019s sentence to time served.\nThe Attorney General has issued three memoranda outlining how DOJ will utilize the legal authorities available to it to respond to the COVID-19 pandemic. Two of the memoranda are to the BOP Director, and they direct BOP to increase the number of prisoners placed on home confinement and outline factors for BOP to consider when making decisions about which prisoners should be released from federal prison. The other memorandum is for all components of DOJ, including all United States Attorneys, and it provides a directive on how prosecutors should make decisions about the use of pretrial detention for federal defendants in light of possible exposure to COVID-19.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "https://www.crs.gov/Reports/R46297", "sha1": "bc689d0b621f9625a700090997a13bcc4620df5f", "filename": "files/20200423_R46297_bc689d0b621f9625a700090997a13bcc4620df5f.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "https://www.crs.gov/Reports/pdf/R46297", "sha1": "ee5fec7644e0010e111d184485dc59c1462b251e", "filename": "files/20200423_R46297_ee5fec7644e0010e111d184485dc59c1462b251e.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4887, "name": "Corrections" } ] }, { "source": "EveryCRSReport.com", "id": 621673, "date": "2020-04-02", "retrieved": "2020-04-02T22:17:45.718149", "title": "Federal Prisoners and COVID-19: Background and Authorities to Grant Release", "summary": "There is concern that coronavirus disease 2019 (COVID-19) could quickly spread among federal prisoners and prison staff because of the nature of the prison environment. Prisons are places where hundreds of prisoners and staff are living and working in close proximity to each other and where they are forced to have regular contact. Prisons are generally not conducive to social distancing. Also, prison infirmaries typically do not have the resources available to most hospitals, such as isolation beds, that would help prevent the spread of the disease. There are also concerns that if prison staff were hard hit by COVID-19, a significant number of staff would require quarantine; they would be unavailable to perform their duties, including providing care to sick prisoners; and the disease could spread. \nOn March 13, 2020, the Bureau of Prisons (BOP) released a COVID-19 action plan. The action plan largely focuses on restricting access to federal prisons and limiting the movement of prisoners between prisons. \nOn March 18, 2020 the American Civil Liberties Union (ACLU) sent a letter to the Department of Justice (DOJ) and its BOP seeking the release of prisoners in the custody of BOP and the U.S. Marshals Service (USMS) who might be at risk for serious illness because of COVID-19, and a reduction in the intake of new prisoners to avoid overcrowding. In addition, multiple Members of Congress have also urged DOJ and BOP to take steps \u201cto reduce the incarcerated population and guard against potential exposure to coronavirus,\u201d and legislation has been introduced that would require the release of some federal prisoners during a national emergency relating to a communicable disease.\nBOP updated its action plan on March 19, 2020, to clarify that while prisoner movement is limited under the plan, BOP will still move prisoners as needed to properly manage the prison population and to outline new conditions that must be met if a prisoner is transferred.\nOn March 26, 2020, the Attorney General issued a memorandum to the BOP Director calling on BOP to prioritize the use of \u201cvarious statutory authorities\u201d to grant home confinement to certain eligible prisoners in response to the disease, taking into account a number of discretionary factors. The Coronavirus Aid, Relief, and Economic Security Act (CARES Act, P.L. 116-136) lengthens the maximum amount a prisoner can be placed on home confinement when the Attorney General \u201cfinds that emergency conditions will materially affect the functioning\u201d of BOP.\nOn March 31, 2020, BOP announced that effective April 1, 2020, all prisoners will be placed on a 14-day lockdown in their assigned cells as a measure to prevent the spread of COVID-19. Prisoners will be allowed to leave their cells during this period for certain reasons, such as attending programming or to shower and use the phone.\nRegarding the release of federal criminal defendants in detention pending trial, 18 U.S.C. Section 3142 allows for federal courts to reopen pretrial detention hearings based on new information or permit temporary release of pretrial detainees for \u201ccompelling\u201d reasons. With respect to the release of federal prisoners who are currently serving their court-imposed sentences, 18 U.S.C. Section 3582(c)(1)(A) permits a federal court to reduce a prisoner\u2019s sentence and impose a term of probation or supervised release if the court finds that \u201cextraordinary and compelling reasons warrant such a reduction,\u201d or the prisoner is at least 70 years of age, the prisoner has served at least 30 years of his or her sentence, and BOP has determined that the prisoner is not a danger to the safety of any other person or the community. Under 34 U.S.C. Section 60541(g), BOP is authorized to conduct a program whereby elderly and terminally ill prisoners who meet certain statutory requirements can be placed on home confinement. Under 18 U.S.C. Section 3624(c), BOP is authorized to place prisoners in a Residential Reentry Center (i.e., a halfway house) and/or on home confinement at the end of their sentences. Under Article II, Section 2 of the U.S. Constitution, the President has broad authority to grant clemency for federal offenses, which can include commuting a prisoner\u2019s sentence to time served.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "https://www.crs.gov/Reports/R46297", "sha1": "8968421d57cde67eb77faf23b39a9c2b000b0d72", "filename": "files/20200402_R46297_8968421d57cde67eb77faf23b39a9c2b000b0d72.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "https://www.crs.gov/Reports/pdf/R46297", "sha1": "32c31158ac604f5646ae097799784b31271a7b85", "filename": "files/20200402_R46297_32c31158ac604f5646ae097799784b31271a7b85.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4887, "name": "Corrections" } ] }, { "source": "EveryCRSReport.com", "id": 621473, "date": "2020-03-31", "retrieved": "2020-04-01T22:11:10.657342", "title": "Federal Prisoners and COVID-19: Background and Authorities to Grant Release", "summary": "There is concern that coronavirus disease 2019 (COVID-19) could quickly spread among federal prisoners and prison staff because of the nature of the prison environment. Prisons are places where hundreds of prisoners and staff are living and working in close proximity to each other and where they are forced to have regular contact. Prisons are generally not conducive to social distancing. Also, prison infirmaries typically do not have the resources available to most hospitals, such as isolation beds, that would help prevent the spread of the disease. There are also concerns that if prison staff were hard hit by COVID-19, a significant number of staff would require quarantine; they would be unavailable to perform their duties, including providing care to sick prisoners; and the disease could spread. \nOn March 13, 2020, the Bureau of Prisons (BOP) released a COVID-19 action plan. The action plan largely focuses on restricting access to federal prisons and limiting the movement of prisoners between prisons. \nOn March 18, 2020 the American Civil Liberties Union (ACLU) sent a letter to the Department of Justice (DOJ) and its BOP seeking the release of prisoners in the custody of BOP and the U.S. Marshals Service (USMS) who might be at risk for serious illness because of COVID-19, and a reduction in the intake of new prisoners to avoid overcrowding. In addition, multiple Members of Congress have also urged DOJ and BOP to take steps \u201cto reduce the incarcerated population and guard against potential exposure to coronavirus,\u201d and legislation has been introduced that would require the release of some federal prisoners during a national emergency relating to a communicable disease.\nBOP updated its action plan on March 19, 2020, to clarify that while prisoner movement is limited under the plan, BOP will still move prisoners as needed to properly manage the prison population and to outline new conditions that must be met if a prisoner is transferred.\nOn March 26, 2020, the Attorney General issued a memorandum to the BOP Director calling on BOP to prioritize the use of \u201cvarious statutory authorities\u201d to grant home confinement to certain eligible prisoners in response to the disease, taking into account a number of discretionary factors.\nRegarding the release of federal criminal defendants in detention pending trial, 18 U.S.C. Section 3142 allows for federal courts to reopen pretrial detention hearings based on new information or permit temporary release of pretrial detainees for \u201ccompelling\u201d reasons. With respect to the release of federal prisoners who are currently serving their court-imposed sentences, 18 U.S.C. Section 3582(c)(1)(A) permits a federal court to reduce a prisoner\u2019s sentence and impose a term of probation or supervised release if the court finds that \u201cextraordinary and compelling reasons warrant such a reduction,\u201d or the prisoner is at least 70 years of age, the prisoner has served at least 30 years of his or her sentence, and BOP has determined that the prisoner is not a danger to the safety of any other person or the community. Under 34 U.S.C. Section 60541(g), BOP is authorized to conduct a program whereby elderly and terminally ill prisoners who meet certain statutory requirements can be placed on home confinement. Under 18 U.S.C. Section 3624(c), BOP is authorized to place prisoners in a Residential Reentry Center (i.e., a halfway house) and/or on home confinement at the end of their sentences. Under Article II, Section 2 of the U.S. Constitution, the President has broad authority to grant clemency for federal offenses, which can include commuting a prisoner\u2019s sentence to time served.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "https://www.crs.gov/Reports/R46297", "sha1": "b9069063631daca2b1a0e4b4e732a385f569d45f", "filename": "files/20200331_R46297_b9069063631daca2b1a0e4b4e732a385f569d45f.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "https://www.crs.gov/Reports/pdf/R46297", "sha1": "353691a01316f70ab3c5ece3fda54816e121b8f9", "filename": "files/20200331_R46297_353691a01316f70ab3c5ece3fda54816e121b8f9.pdf", "images": {} } ], "topics": [] } ], "topics": [ "Crime Policy" ] }