Programming/
Reentry

Evaluation of AICs for program needs

To understand how prison staff determines the needs of adults in custody (AICs) for various types of programs prior to release, it is useful to read the BOP’s program statement on “Unit Management and Inmate Program Review.”  The statement provides guidance on the initial classification and periodic review of AICs’ custody level, recidivism risk and program needs. 

Additional resources

• AIC organizations: The BOP allows organizations to be created by AICs themselves, which also can involve community volunteers, under the supervision of staff. However, a PERA FOIA request found that as of fall 2022, only one such organization had been approved. 
• GED completion rates, by facility,  2015-2022.

Residential Reentry Centers (RRCs)/halfway houses

To  help you understand one of the centerpieces of the BOP’s reentry programs, residential reentry centers (RRCs), we share a rather lengthy document that takes you on a historical tour of the agency’s formal guidance on placement decisions. While the agency officially emphasizes RRC placement for people who have the greatest need for longer transitions, such as people re-entering society from USPs (the highest-security prisons), actual practice has been the opposite – a fact that has repeatedly been flagged by the inspector general’s office. 

The historical documents also illustrate how the agency too often operates via internal memos rather than formal policy changes, as required by the BOP. What is also disturbing is that the BOP has not issued a change notice to the RRC policy since before the Second Chance Act of 2007 was passed, even though that law significantly changed placement criteria. 

As a result, the First Step Act of 2018 (which expanded the eligibility of AICs for transitional housing prior to release) has created a shortage of RRC beds. In fact, PERA founder Jack Donson identified this crisis in the making back in 2020!

And now, a federal prisoner has successfully sued a warden for failing to transfer him to an RRC or home confinement when he was eligible. The Bureau of Prisons claimed there is no room in the closest RRC until September 2024. However, the judge ruled that the agency is required to identify a solution and ordered it to move the plaintiff within 30 days: 

“No condition concerning bed availability is included among the requirements for eligibility under Section 3624(g) [of the First Step Act]…Respondent has not argued or provided evidence that there is no available space for petitioner in any RRC.” In addition, the judge noted that the BOP also had the option of assigning the plaintiff to home confinement or even early supervised release.

RRC operations

The Bureau of Prisons officially has lofty goals for RRCs, and their benefit to residents.

However, both reports from residents and investigations by the Office of Inspector General show just how much actual conditions fall short of the goals.