Thousands of federal prisoners who have been serving time at home due to the risks posed by COVID-19 may be able to remain under home confinement even after the Biden administration declares the COVID emergency is over. The Justice Department was due to publish a rule Tuesday that says it’s up to the Bureau of Prisons (BOP) director to determine on a case-by-case basis whether home-confined federal prisoners can remain at home or do the remainder of their time in federal prison. DOJ agrees with Senate Democrats who say inmates should not be forced en masse to return to federal prison, reports Fox News.
"Inmates and their families have sought assurance that those already in home confinement will not be abruptly returned to secure custody after the end of the covered emergency period," the DOJ said. "The Department remains sensitive to these concerns and agrees with the expressions of support from some Members of Congress for expanding the use of home confinement based on the needs of individual offenders."
The rule could affect more than 3,400 inmates placed in home confinement after COVID arrived. BOP decisions on inmates are likely just weeks away. The White House has said President Biden intends to end both the COVID national emergency and related health emergencies on May 11.