Federal Government Making Efforts to Move Inmates Closer to Release
As soon as someone is sentenced to prison, they inevitably have the same thoughts, when will I get out? And can I make it happen sooner? Unfortunately, there is not a simple answer to the latter question, as there are many variables that can change when someone is ultimately released from prison. However, for the more than 150,000 people currently incarcerated in the federal system, there is a growing movement to try and accelerate that process for well-behaving inmates, motivated by both economic and humane concerns. Recently, whether through expanded use of minimum-security camps and transition housing, the underutilized international treaty transfer program, or the continued rollout of First Step Act earned time credits, new opportunities are emerging for eligible inmates and their families.
Earlier this year, the Bureau of Prisons (“BOP”) announced a new initiative to expand the use of its minimum-security camps as transitional placement sites for inmates preparing to reenter their communities. Although this policy does not mean inmates will necessarily be released from custody sooner, there are potential step downs in custodial levels that should make the custodial experience better. Under the new policy, institutions will begin transferring eligible individuals to camp facilities once they have received a Residential Reentry Center (RRC) or Home Confinement (HC) placement date. The BOP framed the initiative as an evidence-based approach to reducing recidivism, stating that camp placement, “provides a community-like environment while maintaining structured oversight and accountability,” with BOP Director William K. Marshall III stating that the program will “[ensure] inmates receive appropriate preparation, structure, and support prior to release [which is] is critical to reducing recidivism and enhancing public safety.” The initial implementation will prioritize inmates currently housed in low-security facilities who are appropriate for camp placement, however, several types of inmates are categorically excluded based on their offense, including sex offenders, deportable aliens, gang members, individuals requiring heightened monitoring, those with recent serious disciplinary infractions, and anyone whose placement would pose an identifiable risk to public safety. For those eligible, this new policy could be key in their rehabilitation and making their last months in custody easier as they transition to release.
Advocates Urge BOP to Reform a Rarely Used Tool for Non-Citizen Inmates
Many inmates currently housed in the BOP are non-citizens and are subject to deportation once they serve their time, leaving many to wonder why the US taxpayer is footing the bill for these inmates who will just leave the country at the conclusion of their sentence. A recent article highlighted an underutilized tool for such individuals, the International Prisoner Transfer Program, commonly known as the treaty transfer program, which could help reduce the federal prison population. The program allows eligible foreign national inmates to be transferred to prisons in their home countries to serve the remainder of their sentences when it is allowed/feasible. There are several caveats to the policy, including the fact that the inmate has to apply for the transfer, they have to meet certain BOP requirements, the inmate’s home country would have to accept the transfer of their citizen, and once there they are there they are still obligated to still serve out their custody term. However, offenders serving a sentence in their own home country can be closer to their friends and family. Depending on their country of origin/nationality, the custodial experience could even be better. Despite a broad framework to the regulation, the Department of Justice’s Office of Inspector General has previously found that the number of inmates actually approved for transfer remains small relative to the eligible population. That being said, for non-citizen inmates and their families, the treaty transfer program is worth exploring as a possibility for eligible inmates.
In addition to these programs, there are many ways for inmates to shorten their time in custody, or at a minimum to serve it under less restrictive conditions, such as time for good behavior, credits for programs or reductions in sentences due to the First Step Act, as we have previously covered. But many of these opportunities do not present themselves automatically. Inmates and their families should be proactive, although the system can be quite complex and byzantine. If you or a loved one is serving a federal sentence and would like to explore whether any of these options may apply, contact an experienced federal criminal defense attorney who can help guide you.
