How Appealing (http://www.legalaffairs.org/howappealing/index.html)
U.S. Court of Appeals for the First Circuit holds that new U.S. Department of Justice policy limiting federal inmates' eligibility for placement in a community corrections center to the last ten percent of their sentence is contrary to law: This ruling is big news. As today's opinion explains:

The policy change that is the subject of this lawsuit was required by a December 13, 2002 Memorandum Opinion from the Department of Justice Office of Legal Counsel, which declared unlawful the BOP's prior practice of placing federal prisoners in community confinement to serve all or part of their sentences. [The inmate-appellant] argues that the BOP's policy is based on an erroneous interpretation of two statutory provisions of the Sentencing Reform Act of 1984, 18 U.S.C. secs. 3621(b) and 3624(c). According to this interpretation, these two provisions limit the BOP's discretion to place prisoners in CCCs to the lesser of the last six months or ten percent of their terms of imprisonment. Although the change in policy has generated a flood of lawsuits in the federal district courts, no court of appeals has yet spoken on the validity of the BOP's new policy. We do so here and conclude that the new policy is contrary to the plain meaning of 18 U.S.C. sec. 3621(b).
You can access the complete opinion at this link (http://www.ca1.uscourts.gov/pdf.opinions/03-2633-01A.pdf)

Now what is this about ashcroft and the bop and last 10% to halfway house? My son is scheduled to go to halfway house 5/24/05 for his last 10% of jail time. Does this mean he could go sooner? How do we find out about this. what do we do?
vangieh

Vangieh

The link and article are here.....its a good decision and slaps the goverment again

**Dan**.....this news is way too exciting for me, because I'm 9 months from the 6 month date. I am no good at interpreting legal jargon...Please if you can, is this an isolated case, or will this opinion apply to all Federal Inmates?

Does GreyGhost have an opinion on this? What about John Webster?

Point

CJ had mentioned that it might just apply to the First Circuit...I am inclined to disagree because the federal system is a single unit and of course the BOP is within the federal system...I believe, and again this is only my opinion based on what I have read is that if an appeals circuit, any appeals circuit finds something wrong within the federal system that applies to one of its organizations, it applies to all of the organization..In other words, I dont believe its possible to allow BOP institutions in the First Circuit to utilize Community Confinement and forbid all the other BOP institutions from doing so...Its kinda like having one leg walk foward and the other walking backward..

This is a great ruling for inmates, because it now gives the bop the power to send people to the CCC earlier. However, it also says that they only have the obligation to send inmates to CCC at 10% or 6 months. As such, there will probably eventually be a change in policy by the bop, but it probably will not happen overnight and they may even wait for another circuit to reiterate this case. I would estimate that in 6 months time, their policy will change, but that is just a guess.

Regardless, it sure does put Ashcroft in his place. Now, the bop can send people where they want without fear of Ashcroft's idiotic directive.

Can someone tell me if this is still current? My husband was just told they do not uphold the 6 months only the 10%. Can someone tell me where to go to find this information to send to him to take to his Case Manager?

Also, can anyone tell me where to find out who I can contact about his security level? He is in a prison that the security level just got changed from Med to High. He is a minimum security prisoner and should be changed to low this month but they are telling him they DO NOT do transfers on prisoners with less than 1 year left to serve? Can anyone help me? Thanks for your help!

ren
http://www.ca1.uscourts.gov/pdf.opinions/03-2633-01A.pdf

Thanks Dan!! I'm not going to sing and dance yet...but in my quiet, I will hope.