Resource: The Basics of Community Corrections Litigation in the Time of COVID-19

Many of you are eager to explore community corrections options for clients who are incarcerated during the COVID-19 pandemic.

To that end,  The Sentencing Resource Counsel for the Federal Public and Community Defenders offers up a great resource–Community Corrections Basics. This document contains ideas and options about how to transfer clients to community corrections (halfway house/reentry centers or home confinement) to serve the remainder of their sentences so that they are not incarcerated during the pandemic. Note: we are not talking here about compassionate release, which is an actual reduction of sentence under 18 U.S.C. § 3582(c)(1). If a person is granted compassionate release, they are no longer serving their term of imprisonment.  

The potential beneficiaries for increased time in community corrections are clients who are eligible for community corrections but are scheduled to receive less than the maximum statutory time available under 18 USC 3624(c). Section 3624(c) provides that eligible clients can receive up to one year of community corrections in reentry centers, with the lesser of six months or ten percent of the sentence in home confinement. Notably, the Senate just passed the CARES Act to permit the BOP Director to lengthen the time of permitted home confinement. It is expected to also pass the House tomorrow and be signed by the President.

 

 

Author: COFPD

Federal Public Defender's Office for the Districts of Colorado and Wyoming