Home Confinement as an Alternative to Prison or Jail
Elderly or terminally ill inmates can petition their sentencing judge for compassionate release due to extraordinary circumstances. Although a lawyer is not required, a skilled attorney gives a prisoner his best hope.
Compassionate Release for Ill and Elderly Prisoners
Under newer rules with the Bureau of Prisons (BOP), there is greater potential for release to home confinement for elderly, terminally ill, and low-risk prisoners. An experienced attorney can help an inmate prove to the institutional staff that they qualify for early release or home confinement based on age or illness. If the prison rejects the request, you can now appeal to your trial judge. Home confinement as an alternative to prison is the last resort for some elderly and terminally ill prisoners.
Whether to allow for an early release of a federal inmate is made by BOP staff. Unfortunately, their decisions are often influenced improperly by personal conflicts, media, laziness, politics, and other inappropriate considerations. The fact is that when an attorney is involved, the staff are less likely to be summarily dismissive of a prisoner’s written request for early release or home confinement.
How is the Decision to Grant Home Confinement Made?
According to the new rules, elderly or terminally ill offenders may qualify for home confinement as an alternative to prison. For elderly inmates, the basic rules are that:
- they are at least 60 years old,
- they are not serving a life term of imprisonment for a crime of violence,
- they have no prior record for assaultive or sexual crimes,
- they have not escaped or attempted to escape, and
- they are not a substantial danger to others if released.
“Terminally ill offender” means an inmate who is serving a term of imprisonment based on conviction on a sex offense or major assaultive crime, who has no prior record for sex or major assaultive crimes, and who has been determined by a medical doctor that is approved by the Bureau to need care at a nursing home, intermediate care facility, or assisted living facility.
The First Step Act and its Impact on Low Risk, Elderly, and Ill Prisoners – New Options for Home Confinement as an Alternative to Prison or Jail
The First Step Act was passed in 2018 to expand opportunities for low-risk, elderly, and sick inmates to be released on home confinement. Under this Act, the Bureau of Prisons shall, to the extent practicable, place prisoners with lower risk levels and lower needs on home confinement for the maximum amount of time permitted.
Most federal inmates enter Residential Reentry Management Centers (RRC) upon release from prison. Under the First Step Act, it may be possible for low-risk inmates to be released to home confinement and avoid RRC placement. This provision applies to low-risk inmates who have six months or 10% of their sentence left to serve, whichever is less.
For terminally ill and elderly inmates, the First Step Act now permits the inmate to appeal directly for early release to home confinement. This is where an experienced and effective criminal attorney can be helpful. The Bureau of Prisons will not search for medical records or look for ways to justify a compassionate release. An attorney can organize a complete, credible, and persuasive written petition for home confinement as an alternative to prison. This is allowed by law under 34 U.S.C. § 60541(g)(1)(b).
Home Confinement Broadly Defined
Home Detention includes detention in a nursing home or other residential long-term care facility. Under the First Step Act, a doctor must determine that the inmate needs care at a nursing home, intermediate care facility, or assisted living facility. The term “nursing home” means a licensed and regulated facility for accommodating convalescents or other persons who are not acutely ill and not in need of hospital care but who require skilled nursing care. An “intermediate care facility” is for persons who, because of incapacitating infirmities, require minimum but continuous care but do not require continuous medical or nursing services. Finally, an assisted living facility is one where residents are assisted in carrying out activities of daily living, and there are separate dwelling units. If you are unsure whether a facility or home would qualify for home confinement as an alternative to prison, the lawyers with LEWIS & DICKSTEIN, P.L.L.C. are available for a free consultation and can help you understand what options are available.
How Can a Federal Defense Attorney Help with Home Confirement as an Alternative to Prison or Jail?
The Defense Team with LEWIS & DICKSTEIN, P.L.L.C. has extensive experience developing powerful and persuasive petitions for clients seeking various forms of relief from courts and administrative agencies. We have the know-how, resources, experience, and passion for drafting a compelling petition for early release to home confinement or home detention. Because an inmate may only get one shot at this type of request, the request must be made as convincingly as possible.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you and, most importantly,
we are not afraid to win!
