President Biden Calls for Commutation Petitions for Those on Home Confinement Pursuant to the CARES Act

September 30, 2021

As many are aware, the CARES Act permitted the Federal Bureau of Prisons to transfer certain inmates who had documented COVID-19 related co-morbidities to home confinement in an effort to help them protect themselves from dire consequences in the event the contracted the coronavirus. Approximately 5000 federal inmates have been placed on home confinement as a result. However, the Department of Justice as opined that once the pandemic "ends' those inmates would be required to return to a confined facility. This is unfortunately a matter of poor language in the CARES Act itself but a stark reality for many federal offenders. So instead of correcting the CARES Act language, the Biden Administration is calling for commutation applications. The requirements to be considered is that the inmate released to home confinement be a non-violent drug offender with less than 4 years left on their sentence. Although we here at NPSC believe that other types of non-violent offenders should also be considered, we are happy to see that it appears that many inmates on home confinement will not have to return to federal prison. If you have any questions or need assistance, please do not hesitate to contact us.