Congress May Attempt to Reincarcerate Prisoners Released on Home Confinement During COVID-19

 Posted on December 14, 2023 in Criminal Law

During the COVID-19 pandemic, the prison system in the United States faced a crisis. Many prisoners were placed at risk due to crowded conditions and a lack of proper medical care. To address this issue, the Coronavirus Aid, Relief, and Economic Security (CARES) Act passed by Congress allowed the federal Bureau of Prisons (BOP) to release low-risk prisoners on home confinement. A large number of prisoners were able to take advantage of this program. However, a new resolution has been proposed in Congress that would end the program and potentially even reincarcerate prisoners who have been able to achieve success during periods of home confinement

People who are involved in the criminal justice system often face a number of obstacles, and they may be wrongfully convicted or receive excessive sentences. An attorney who has experience in criminal defense cases at the state and federal level can help defend against convictions. They can also provide guidance on the relief programs that may be available, such as home confinement, while also taking steps to protect the rights of prisoners and help them avoid reincarceration.

How S.J. Res. 47 May Affect Prisoners on Home Confinement

Following the passage of the CARES Act, around 13,000 people have been released on home confinement. This program has been incredibly successful, allowing prisoners to reunite with their families, reintegrate into their communities, find and maintain employment, and participate in rehabilitative programs meant to help them avoid reoffending. In fact, out of all prisoners who have been placed on home confinement, only 0.2 percent have been reincarcerated after committing new criminal offenses. In comparison, the BOP has reported that the general recidivism rate for prisoners released from federal prisons is around 40 percent.

Unfortunately, Congress is currently considering a resolution that would end the home confinement program. S.J. Res 47, which is currently being reviewed by the Senate Judiciary Committee, would disapprove the home confinement rule put in place by the CARES Act, meaning that the rule would no longer apply.

In April of 2023, The U.S. Department of Justice put a rule in place allowing around 3,000 prisoners who had been placed on home confinement to continue participating in this program, even after the official end of the COVID-19 national emergency. If Congress passes this resolution, these prisoners may be required to return to prison to serve out the rest of their sentences

Reincarceration of people on home confinement would not only interrupt the progress they had made as they have taken steps to successfully re-enter their communities, but it would be a significant waste of resources. The time, effort, and money put toward rehabilitating prisoners would go to waste. At the same time, the costs of incarcerating prisoners is more than double the costs of home confinement. Prisoners who are unlikely to reoffend would be subject to unjustly harsh punishment, with no benefit to society.

Contact Our Connecticut Criminal Defense Lawyer

S.J. Res 47 would be an unfair, unjust, and unnecessary measure that would punish people who are attempting to move forward from the mistakes they have made in the past. If you would like to help prevent this from happening, you can contact your Senator and ask them to oppose this resolution.

At Woolf Law Firm, LLC, we provide representation for people who are facing criminal charges, and we can also work with prisoners to determine what forms of relief may be available that will allow them to successfully re-enter their communities. Contact our Hartford criminal defense attorney at 860-290-8690 to schedule a free consultation.