WASHINGTON, D.C.- According to an order from President Joe Biden’s Department of Justice (DOJ), thousands of convicted offenders who were moved to house arrest during the coronavirus pandemic will now be able to evade returning to federal prison altogether even after the pandemic ends.
The opinion, issued by Assistant Attorney General Christopher Schroeder and published by Politico, will reportedly ensure that thousands of convicted offenders who were moved to house arrest during the height of the COVID-19 pandemic never actually have to return to federal prison to finish out their sentence.
After months of pressure on the Biden administration by activists and lawmakers, the Justice Department will now allow federal inmates released on home confinement during the coronavirus pandemic to not return to prison, reversing its own legal opinion. https://t.co/4naC66EDAV
— The Associated Press (@AP) December 21, 2021
Days before former President Donald Trump left office, his administration issued an opinion that made it very clear that convicted offenders moved to house arrest due solely to the pandemic, would be recalled to federal prison after the pandemic’s national emergency order was ended.
The Trump-era opinion stated:
“Should that period end or should the Attorney General revoke the finding, the Bureau would be required to recall the prisoners to correctional facilities.”
The policy, authorized by Trump’s CARES Act, has allowed more than 35,000 convicted offenders to be placed in home confinement during the pandemic.
According to Politico, Biden’s top DOJ officials have revoked the return-to-prison provision under “intense pressure” from prison advocates.
BREAKING: Biden administration reverses Trump-era legal opinion (and some Biden lawyers’ stance) that would’ve required return to prison of thousands of federal convicts now on home confinement. New OLC opinion: https://t.co/3TziUX0u43 Story: https://t.co/BkWGdlV3Jr
— Josh Gerstein (@joshgerstein) December 21, 2021
Now, thousands of convicted offenders on house arrest, who would have previously been required to return to federal prison, will get to finish their sentences at home. Schroeder wrote:
“We do not lightly depart from our precedents, and we have given the views expressed in our prior opinion careful and respectful consideration.”
He wrote:
“Since late March 2020 and as of December 6, 2021, [the Bureau of Prisons (BOP)] has placed 35,277 inmates in home confinement through use of all its authorities.
As of that same date, 4,879 prisoners were in extended home confinement under the CARES Act, and at least 2,8301 of this group would have to be returned to a correctional facility under the view expressed in our prior opinion if the emergency were to end immediately.”
He continued by writing:
“… Based upon a thorough review of the relevant text, structure, purpose, and legislative history — and a careful consideration of BOP’s analysis of its own authority — we conclude that the better reading of section 12003(b)(2) and BOP’s preexisting authorities does not require that prisoners in extended home confinement be returned en masse to correctional facilities when the emergency period ends.”
He added:
“Even if the statute is considered ambiguous, BOP’s view represents a reasonable reading that should be accorded deference in future litigation challenging its interpretation.”
The American Civil Liberties Union (ACLU) praised this decision, stating that “thousands of people can now breathe a sigh of relief knowing” they will not have to return to prison. ACLU official Udi Ofer told Politico:
“The ACLU and allies on the right and left asked the DOJ and President Biden to keep people home and today the Justice Department delivered. We commend Attorney General Garland and President Biden for listening to thousands of families who asked not to be separated from their loved ones.”
Federal Convicts Sent Home Due to Covid-19 Pandemic Won’t Be Jailed Again by Default:
Biden Justice Department reverses earlier Trump administration finding that federal convicts would have to return to prison when state of emergency ends https://t.co/5RQgtldOE5 via @WSJ
— 𝑅𝑒𝑠 𝐼𝑝𝑠𝑎 𝐿𝑜𝑞𝑢𝑖𝑡𝑢𝑟 (@Const_Overhaul) December 21, 2021
Ofer also said Biden should still take up advocates’ suggestion that he issue commutation to the convicted offenders involved so that they can’t be sent back to prison if a new administration decides to return to the Trump-era legal view.
He said:
“We also recognize that the threat of eventual return to prison is still present, so we ask President Biden to use his clemency powers to provide permanent relief to families.
A future administration may force people back to prison, so families will not have permanent closure until their cases are fully resolved.”
“Reformed”? Study shows more than two million crimes committed by released prisoners. Two. Million.
September 28th, 2021
There is an immense difference between a prison sentence and the time actually served. The average state prison sentence served is less than two years for property offenders and less than three years for violent offenders, Time Served-USDOJ.
I just offered an article on the latest data from the Bureau of Justice Statistics of the US Department of Justice in August 2021 regarding a five-year follow-up of people released from prison, see USDOJ-Recidivism-Five Year Follow Up.
Quick summation:
Released prisoners who served less time had higher arrest rates.
During the five-year follow-up period, an estimated 1.1 million arrests occurred among the approximately 408,300 prisoners released in 2012.
This article summarizes the latest Bureau Of Justice Statistics report regarding ten years after release.
Bureau of Justice Statistics Summation-Ten Years After Release
Among persons released from state prisons in 2008 across 24 states, 82% were arrested at least once during the 10 years following release.
The annual arrest percentage among persons released from prison in 2012 declined over time, with 43% arrested at least once in Year 1 of their release, 29% arrested in Year 5, and 22% arrested in Year 10.
This is BJS’s first recidivism study with a 10-year follow-up period.
One-quarter (25%) of persons released from prison across 24 states in 2008 had been serving time for a violent offense. Nearly the same percentage of persons released from prison in 2008 had been serving time for property and drug offenses (30% each), and the remaining 16% had been serving time for public order offenses.
Over Two Million Crimes By Released Prisoners After Ten Years https://t.co/E5BD7EK72N
Most police chiefs are blaming increased crime on repeat offenders. Based on this and other data, they are correct.
n-crimes-by-released-prisoners-after-ten-years/
— Crime in America.Net (@CrimeinAmerica) September 20, 2021
Prisoners released in 2008 had a median of nine prior arrests and five prior convictions in their criminal history.
About 61% of prisoners released in 2008 returned to prison within 10 years for a parole or probation violation or a new sentence.
Post-Release Arrests
During the study’s 10-year follow-up period, an estimated 2.2 million arrests occurred among the approximately 409,300 persons released from prison across 24 states in 2008. Considering that most violent and property crimes are not reported to law enforcement, this figure is an undercount.
Sixteen percent were arrested within 10 years outside of the state that released them.
Males (83%) were more likely than females (76%) to be arrested within 10 years of release.
Ninety percent of prisoners who were age 24 or younger at the time of release in 2008 were arrested within 10 years of release. A smaller percentage of those who were ages 25 to 39 (85%) and age 40 or older (75%) at the time of release were arrested within 10 years of release.
Persons released from prison in 2008 after serving time for a violent offense (77%) were less likely to be arrested for any offense than prisoners released after serving time for other types of offenses within 10 years.
During this period, 4 in 10 (40%) persons released from prison in 2008 were arrested for a violent offense.
Nearly half of persons released from prison in 2008 were arrested for a property (47%) or drug (47%) offense within 10 years.
Among persons released from prison in 2008 in the 18 states with data on persons returned to prison, about half (49%) had a parole or probation violation or an arrest that led to a new sentence within 3 years, a rate that increased to about 6 in 10 (61%) within 10 years.
A greater percentage of prisoners age 24 or younger (69%) than those ages 25 to 39 (64%) or age 40 or older (53%) at release had returned to prison within 10 years.
Chart-Who Is Rearrested-Click Open In A New Tab For A Better Presentation
Persons Arrested After Prison
Conclusions
As I stated in previous articles, I personally know or have interviewed (for radio and television shows) hundreds of former inmates who are now law-abiding citizens doing well in the community. They deserve our respect.
Regardless of the numbers above we can’t stereotype every released offender. We need to support programs for those in and out of prison (although the data on the effectiveness of programs is mostly dismal).
But we live in a time of rising violence, US Crime Rates, and most police chiefs are blaming repeat offenders. Based on this and other data, they are correct.
Not everyone convicted of a crime needs to go to prison, but violent offenders, currently 58 percent of the male state prison population (the percentage would be much higher when considering criminal history) need to be separated from society for probably longer than the less than three years they are currently serving.
Author
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