BOP CHANGES TO HOME CONFINEMENT

The Bureau of Prisons (BOP) released a memorandum on May 28, 2025 stating that they are expanding home confinement.  It is not an expansion per se, but it is a good start to necessary changes avoiding mass incarceration.

Under the First Step Act, inmates can earn up to 365 days off their sentence by participating in programming and productive activities.  Under the Second Chance Act, prisoners can earn up to 365 days of prerelease custody (halfway house and/or home confinement).  The home confinement portion of prerelease custody is capped at 6 months or 10% of the sentence imposed, up to 6 months. 

However, the BOP has not been using the projected release date for prisoners that are continuing to earn credits while under prerelease custody.  Instead, each month the BOP applies the credits earned and subtracts the home confinement amount to determine a home eligibility date.   The result of this was that people were staying in halfway houses longer.

Now the BOP wants to use the maximum date, and they want to have those who use halfway house resources need those resources. 

Of course someone who has been in prison for many years needs the resources of a halfway house, but maybe a person who has a white-collar crime sentence of 36 months may not need those same resources.  The BOP is only going to give home confinement to those who do not need a halfway house, but the result may mean only a limited amount of time in pre-release custody.

Prisoners consider freedom anything that takes them outside of the institution.  If the BOP does not correct this new guidance, prisoners, who otherwise would likely prosper in the community, will now have to stay in prison until they meet their home confinement date.  For those who earn First Step Act credits of over 365 days toward home confinement, they will only receive First Step Act home confinement and nothing under Second Chance Act.  This is counter to the directive from the BOP last year that touted “stacking” of both First Step Act and Second Chance Act.

This is confusing for all.  This repetition of the First Step Act is but one of many over the past six (6) years.  The BOP’s main problem is that they do not have enough halfway house capacity.  In 2018, BOP had roughly 10,500 halfway house beds.  Now, it has the same amount of beds even though First Step Act sent more people to halfway houses.  

The resultis that those who really need the halfway house, those in prison for many years with little family support, missed out on placement in the community over those who do not need the resources.  Now, those with longer sentences may benefit from more halfway house but those who are First Step Act eligible may be limited to just their home confinement date.

We continue to follow these changes and help those who many qualify for sentence reductions and motions for compassionate release.  If you have questions about your family member or friend in federal custody, feel free to contact our office.