Confusion over FSA Implementation Continues to Reign Within BOP
BOP Director Colette Peters testified to the House Judiciary Committee in July that the tool developed by the agency to calculate release dates under the First Step Act has been updated to incorporate credits expected to be earned in the future toward transition into a halfway house (residential reentry management centers, or RRCs) or home confinement. However, we’ve checked with a few people inside the federal system and no one we spoke to said that that has happened. Rather, Director Peters likely was referring to the initial 365 days of early release credits available to eligible FSA recipients, over and above the 15% good-conduct credits federal prisoners already receive. What is still missing from the agency’s calculator is the accumulation of future pre-release credits for home confinement or RRCs.
BOP policy is clear that case managers should calculate future FSA credits when they process halfway house referrals. It is not rocket science to add 10 or 15 days for each month until release. Yet the director’s testimony seems to communicate that the BOP views the initial 365-day advancement as a mandate, and release to community detention as discretionary. That thinking has led to the current shortage of RRC beds and a dearth of home detention placement. Don’t forget: FSA pre-release credits are in addition to halfway house placement days awarded according to the five factors outlined in the earlier Second Chance Act. The number of 2241 habeus corpus petitions filed on this issue are at a fever pitch right now as a result, and the ACLU is considering legal action on behalf of people in federal custody.
In the BOP’s defense, Congress did not properly fund the augmentation of RRC/home detention infrastructure needed to fulfill FSA requirements. This is indicative of legislators not grasping the unintended consequences of the back-end provisions of the laws they pass. One of our next blog posts will focus on the lack of funding for the ombudsman function in the Federal Prison Oversight Act.