Published on: Friday, April 3, 2020
This evening, United States Attorney General William P. Barr issued a Memorandum for Director of Bureau of Prisons titled Increasing Use of Home Confinement at Institutions Most Affected By COVID-19 In the memo, the AG exercises his authority, under section 12003(b)(2) of the CARES Act, "to expand the cohort of inmates who can be considered for home release upon my finding that emergency conditions are materially affecting the functioning of the Bureau of Prisons." (emphasis added).  After noting that he directed BOP "to prioritze the use of homeconfinement as a tool for combatting the dangers that COVID-10 poses to our vulnerable inmates." Barr's memos states:

As you know, we are experiencing significant levels of infection at several of our facilities, including FCI Oakdale, FCI Danbury, and FCI Elkton. We have to move with dispatch in using home confinement, where appropriate, to move vulnerable inmates out of these institutions. I would like you to give priority to these institutions, and others similarly affected, as you continue to process the remaining inmates who are eligible for home confinement under pre-CARES Act standards. In addition, the CARES Act now authorizes me to expand the cohort of inmates who can be considered for home release upon my finding that emergency conditions are materially affecting the functioning of the Bureau of Prisons. I hereby make that finding and direct that, as detailed below, you give priority in implementing these new standards to the most vulnerable inmates at the most affected facilities, consistent.with the guidance below.

The Training Division is providing COVID-19 resources and materials, updated multiple times daily, to assist defenders and CJA panel attorneys understand and litigate issues releated to the COVID-19 pandemic.  The Division plans to provide a pre-recorded video in the near future about the CARES Act provisions impacting federal defendants.