People serving time at home in the prison system due to the danger posed by the COVID-19 pandemic may be able to stay there after the Biden administration declares the virus emergency is over, according to a Justice Department rule.
Attorney General Merrick Garland signed the rule, saying the Federal Bureau of Prisons has the right to let prisoners remain in home confinement under the Coronavirus Aid, Relief and Economic Security Act, provided they comply with the rules and regulations of community placement.
“The Justice Department is committed to protecting the safety of our communities and continuing to support the successful transition of those in home confinement back to society,” Mr. Garland said in a statement.
“This final rule makes clear that the director of the Bureau of Prisons has the discretion to ensure that those who have made rehabilitative progress and complied with the conditions of home confinement are not unnecessarily returned to prison.”
Former President Donald Trump signed the CARES Act in March 2020. The legislation let the BOP place some federal inmates in home confinement to limit the spread of COVID-19.
A year later, Sens. Cory A. Booker of New Jersey and Richard J. Durbin of Illinois, both Democrats on the Judiciary Committee, urged President Biden to rescind a Trump-era opinion that would force individuals in home confinement to return to federal prison following the COVID-19 pandemic.
“These individuals, who were released only after careful vetting by BOP, have successfully transitioned to home confinement. They have reunited with family, obtained jobs, and are abiding by the conditions of their release,” Mr. Booker and Mr. Durbin said in a statement at the time.
The new rule may affect more than 3,400 federal inmates placed in home confinement during the pandemic.
President Biden is not expected to veto a Republican-spearheaded measure to end the national COVID-19 emergency, despite declaring reservations against it earlier this year, guaranteeing the bill will become law.
The legislation sprouted from one of the more conservative House GOP lawmakers, Rep. Paul Gosar of Arizona, and focuses on opposition to mask mandates, lockdowns and other regulations put in place during the pandemic.
Mr. Biden has said he will end the COVID-19 national emergency on May 11.
For more information, visit The Washington Times COVID-19 resource page.
• Kerry Picket can be reached at kpicket@washingtontimes.com.
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