Because of the risk of COVID-19 in our jails and prisons, courts and professionals are looking at ways to avoid incarceration. Here are some strategies attorneys can employ to help clients avoid, or at least delay, custody during the pandemic.
C. BOP “Pre-Issuance” Authority under 18 U.S.C. 3624(c)( allows the BOP to place an inmate in a federal transitional home for up to 12 months
. 1) This law allows the BOP to place inmates on “pre-release” grounds in a federal transitional facility for up to 12 months Federal Transitional Home to include guidance on the application of Section 3624(c)(1). On April 14, 2008, the first memorandum of the BOP Second Chance Federal Housing Act was issued midway. A second RRC guide was published on June 24, 2010., published on May 24, 2013.
Beginning of transfer requests:
The traditional way to initiate a transfer from a prison to prison inmates must request their respective case manager to process the paperwork for the transfer. The case manager only accepts these transfer requests during the regularly scheduled unit team meeting (discussed in later modules). If the inmate has completed 18 months of irresponsible conduct and their security clearance is consistent with the facility to which they wish to be transferred, the case manager may agree to process the records requesting transfer. These records are sent to the department head, case manager coordinator, and then to the supervisor for approval. If all parties agree to the transfer, staff at the BOP designation center in Grand Prairie, Texas will make the change.
Because the case manager, department chief, case manager coordinator, and supervisor must agree on a transfer before the request is forwarded to the designated officer, some inmates seek to develop close relationships with these staff members. . Some inmates who get along with these employees may find their transfer requests successful. Others will not be so lucky. Although staff can tell an inmate that a request for transfer to a particular facility may or may not be granted, some staff actually have leverage. Those with influence can call the regional designator and increase the chances of an inmate being assigned to a specific facility.