BOP Regulations Categorically Limiting Amount of Time Inmate May be Placed in CCC Declared Invalid

The Third Circuit has ruled that newly enacted Bureau of Prisons (BOP) regulations categorically limiting the amount of time an inmate may be placed in a Community Corrections Center, to the lesser of ten percent of the prisoner's total sentence or six months, are invalid because they conflict with Congress' explicit directive in 18 U.S.C. § 3621(b) to make individualized assessments regarding placement and transfer determinations.

http://circuit3.blogspot.com/2005/12/bop-regulations-categorically-limiting.html

This means that people with short sentences may once more be sentenced to a period of halfway house time rather than being forced to a facility. This is excellent news, now it's up to the judges to start giving out CCC sentences again. If all of Ashcrofts crap would vanish like this, it would be a merry christmas.i

Amen, Bellisq! I was in prison when this ruling came down. It was devastating to most everyone.

Thanks for posting this, Cindi!

Bellisq: I agree-almost. However, unless Gonzales specifically countermands the Dec. 2002 Ashcroft memo, the 3rd circuit ruling will only apply to inmates in facilities within that district. I dont see a nationwide change right now, but truly hope I am wrong.

thanks for posting this