Senate Judiciary Committee Chair Richard Durbin, D-Ill., and Senator Cory Booker, D-N.J., recently wrote a letter to President Biden. They asked him to rescind the Trump-era opinion on home confinement inmates. Since March 26, 2020, around 4,400 inmates from federal prisons were sent home on home confinement rules to help stop the spread of Covid-19. Of those 4,400 inmates, around 2,000 still remain in home confinement. However, they could return to prison when the CDC classifies the pandemic as “over.”

Both Senators are asking President Biden to use his authority as president to remove the Trump-era opinion and keep those in home confinement where they are. 

“Your Administration has ample executive authority to immediately provide the certainty these returning citizens deserve as they reintegrate into their communities, reunite with their families, and join in rebuilding our economy,” the Senators wrote. “We urge you to use your unfettered pardon power to immediately commute the sentences of those on home confinement pursuant to the CARES Act.”

CARES Act

When the Covid-19 pandemic first broke out, Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act. This act helped people and businesses severely affected by the lockdown and subsequent restrictions. Under the CARES Act, the Bureau of Prisons (BOP) received expanded authority over qualifying inmates for home confinement. More inmates became eligible to go home and reduce the spread of the virus. The CARES Act initially ended in the beginning of December. However, certain provisions extended into 2021. One provision not extended surrounded the BOP. The BOP does not have as many jurisdictions over home confinement prisoners as they once did. 

Trump’s Office of Legal Counsel (OLC) released an opinion stating the BOP had the authority to recall home confinement prisoners. According to Durbin and Booker, the CARES Act didn’t require or permit the BOP to recall these prisoners. However, a statement from Biden’s OLC declares the BOP has this authority. 

“These individuals, who were released only after careful vetting by BOP, have successfully transitioned to home confinement. They have reunited with family, obtained jobs, and are abiding by the conditions of their release,” the Senators stated.

“Given the breadth of available executive authority, no person who has successfully transitioned to home confinement should be required to return to federal prison. The uncertainty of the current situation unnecessarily interferes with the efforts of those on home confinement to rebuild their lives and participate in our economic recovery. With the goal of facilitating successful community reentry, we urge you to act immediately to resolve this issue and enable those on release to move forward with their lives.”

Future

The pair of Senators have previously reached out to the U.S. Attorney General Merrick Garland to use his authority to rescind the previous Trump-era opinion at the end of April. However, no response has come from Attorney General Garland yet. There is a chance President Biden will respond soon. Should that happen, we will update you with the latest.

Make sure to check back for more cannabis and hemp related news.