On April 5, 2020, the BOP posted a memo titled Update on COVID-19 and Home Confinement in response to Attorney General Barr's original memo to BOP on March 26, 2020 (Prioritization of Home Confinement As Appropraite Response to COVID-19 Pandemic) ordering BOP to expand the use of Home Confinement. BOP's April 5th memo provides, in part:
(BOP) - In response to COVID-19, the Bureau of Prisons (BOP) has instituted a comprehensive management approach that includes screening, testing, appropriate treatment, prevention, education, and infection control measures.
The BOP has increased Home Confinement by over 40% since March and is continuing to aggressively screen all potential inmates for Home Confinement. On April 3, the Attorney General enacted emergency authority under the CARES Act, to further increase Home Confinement.
Given the surge in positive cases at select sites and in response to the Attorney General's directives, the BOP has begun immediately reviewing all inmates who have COVID-19 risk factors, as described by the CDC, starting with the inmates incarcerated at FCI Oakdale, FCI Danbury, FCI Elkton and similarly-situated facilities to determine which inmates are suitable for home confinement.
Inmates do not need to apply to be considered for home confinement. Case management staff are urgently reviewing all inmates to determine which ones meet the criteria established by the Attorney General. The Department has also increased resources to review and make appropriate determinations as soon as possible.
While all inmates are being reviewed for suitability, any inmate who believes they are eligible may request to be referred to Home Confinement and provide a release plan to their Case Manager. The BOP may contact family members to gather needed information when making decisions concerning Home Confinement placement.
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.