Todd's case manager at the halfway house is willing to put him on home confinement. However, the BOP Regional Office in Sacramento said that Todd's ineligible until his 10% date (2/4/03).

Is there anything that can be done to get him on confinement prior to that? The Fed Tail is completely cut 3/11/03. Todd will not have Supervisory Release or probation after this date.

Anyone with info, or if you can point me in the right direction for answers, we would greatly appreciate this.

I know I've posted questions in the past and received zilch responses. This one is really important. So any assistance in this case would be GREATLY appreciatiated.

Thanks!

Carla...I wish I could help but we have yet to make it half way! I do hope someone here will be able to assist you! That would be awesome if he can be at home...for you both!

Carla,
I am sorry if I missed your post earlier. The answer to your question is pretty much No. :( My 10% date was much further out because I got full time at the 1/2 way house and had all of my good time. They had to keep me until I reached my 10% date. That day I went to home confinement.
As far as I know, there isn't anything that can be done. It's a hard and fast rule with them. Believe me, they 1/2-ass houses would rather send people home so they can get more bed space for new inmates, which equals more money! You still pay your full 1/2 way house fee even on home confinement! At least with Cornell in Houston, TX.
David

Thanks David....that's pretty much what I thought.

Thanks for responding so darn quick!

I am somewhat confused by the 10% date as it pertains to the half way house--could someone clarify this for me? My husbands projected release date is 3/23/04 (this includes the good time--20 months for a 24 month sentance).

Also I just heard about something about a BOP directive--#7310.04 which speaks about half way houses and home confinement.

www.november.org has the following posted. Anyone have any information about this?

B.O.P. Program Statement 7310.04
Community Corrections Center (CCC) Utilization and Transfer Procedure (19 pages)

We have been repeatedly asked about the "new" deal where federal inmates serving the last part of their sentences can qualify for six months halfway house and six months home confinement. Yes, you can, the regulation embodied in program statement 7310.04 which reads in part:


18 U.S.C. § 3621(b) provides:
"The Bureau of Prisons shall designate the place of the prisoner's imprisonment. The Bureau may designate any available penal or correctional facilitythe Bureau determines to be appropriate and suitable." A CCC meets the definition of a "penal or correctional facility."
Therefore the Bureau is not restricted by § 3624(c) in designating a CCC for an inmate and may place an inmate in a CCC for more than the "last ten per centum of the term," or more than six months, if appropriate. (emphasis ours)


Section 3624(c), however, does restrict the Bureau in placing inmates on home confinement to the last six months or 10% of the sentence, whichever is less. (emphasis ours)
In other words, yes you can by law be given both six months halfway house and six months home confinement. If you are in a prison like the one I'm in, however, staff treat P.S. 7310.04 like it's the secret to weapons grade plutonium. They have been doing this for a year now, for the usual obscure and probably punitive reasons, all contrary to law and their own program statement. If you wish to find out more about your lawful rights, get the program statement, and in a timely fashion make the proper overtures to your unit team. If you cannot wrest the program statement from the B.O.P., it can be had from the Internet at http://www.bop.gov/progstat/7310-04.html _ have a friend on the outside get a copy sent to you.


Thanks!

Molly

Now that's confusing. I would interpret that to mean that 10% is the lesser of the two for Todd.

check out the site below for a thorough legal discusssion of BOP's strict position on the 10%/6 month policy as contrasted with the more liberal position being taken in federal court. Also, home confinement is not considered iincarceration by BOP directives in their interpretation of 18 USC 3621(b) or 3624.
www.afda.org/afda/news/outline_halfwayhouse.pdf

Yall have me really confused! I was under the impression if you have a legitimate job and show your paycheck each week that you will get time off, even a weekend the very first week. Look at some of TXRhino's posts as his wife is in a HWH. Our town is small compared to some & we only have one HWH which I've heard stays overcrowded most times. Here:thumbsup: is hoping their time there won't be long (like my son's counselor has told him already) Good luck everyone!;)

Also, I've been told that HWH is considered as part of BOP incarceration. Why else would they have your projected release date on bop.gov?

Weekend passes still have to be approved - even with the job & proof of pay. I remember one weekend after my husband was at the HWH that his weekend pass was denied because of stunts that others pulled in the HWH. Weekend passes aren't automatic...and yes, HWH is considered part of incarceration.