Borrowed from BOP Watch (This is good news)

Judge Michael J. Davis, D-MN, issued an opinion on November 24, 2004,
holding that "Section 3621(b) clarifies only that CCCs are acceptable
places of imprisonment and allows the BOP to place inmates in CCCs at
any time during their sentences. Section 3624(c), in the other hand,
imposes on the BOP an obligation to assure that inmates receive a
pre-release plan for at least the last ten percent of the sentence nut
not more than six months, unless such plan is practically impossible."

The Court invoked its authority to issue a writ in the nature of
mandamus compelling the BOP to reconsider Petitioner promptly and in
good faith for CCC placement consistent with the policy in place prior
to December 2002.

The Court granted relief under both 28 U.S.C. 2241 and 28 U.S.C. 1361.
Although another similar petition was recently granted by another judge
in this district, this is the first with 28 U.S.C. 1361 relief.

The case is Knish v. Stine, 04-2795, November 24, 2004.

Micheal Davis is a fair, but tough Judge. I have been before him in a Civil matter and he quashed the Billion $$$ Giant's motion on the first round ... It sure would be nice if they would crack the door open to CCC's as a viable option for sentencing ... Keeping my fingers crossed ... :)

It will be interesting to see if the BOP responds to any judicial recommendations for direct CCC placement.

I don't understand. Can someone clarify this for me? Does this mean that inmates can get sent to halfway houses sooner than the last 6 months?

It could, depending upon the Circuit (at this point). Also, it could mean that inmates could be designated (in certain Circuits) to serve their entire sentences in a CCC.

Go 8th Circuit!!!!!!!!!! :)

Sorry, but this is all so knew to me and I am not understanding the meaning of the letters CCC. Is it some sort of facility and if so what kind? And who would be eligible. My b/f is going to a federal prison for 30 months for transporting a stolen vehicle over state line.

Sorry, but this is all so knew to me and I am not understanding the meaning of the letters CCC. Is it some sort of facility and if so what kind? And who would be eligible. My b/f is going to a federal prison for 30 months for transporting a stolen vehicle over state line.

"CCC" stands for Community Corrections Center - or another name for a half-way house.

So, to make a long story short, what exactly does this ruling mean? Sorry for my idiocy?

It could, depending upon the Circuit (at this point). Also, it could mean that inmates could be designated (in certain Circuits) to serve their entire sentences in a CCC.

A couple of questions to help me understand, please..........How do you find out what states are included in a certain Circuit? When these Circuits make decisions, do they apply to you for the Circuit you are incarcerated in or the Circuit you were sentenced in? For instance, my fiance was sentenced in Missouri but is incarcerated in West Virginia. So, which Circuit would apply to him?

A couple of questions to help me understand, please..........How do you find out what states are included in a certain Circuit? When these Circuits make decisions, do they apply to you for the Circuit you are incarcerated in or the Circuit you were sentenced in? For instance, my fiance was sentenced in Missouri but is incarcerated in West Virginia. So, which Circuit would apply to him?

For a map of the Circuits, see: http://www.uscourts.gov/links.html

It depends upon the issue - with respect to the execution of the sentence, usually the former. With respect to guily/innocence or the imposition of the sentence, usually the latter.

Those made by the SCOTUS and/or the 4th/8th Circuits.

OK, I've made a little bit of progress in understanding this topic. Please pardon my ignorance, but I'm having trouble differentiating between "execution" of a sentence and "imposition" of a sentence.

For instance, regarding this opinion of halfway house placement mentioned above, since Jon was sentenced in the 8th Circuit, when they make a ruling or give an opinion does it have the potential to effect his sentence? Or would rulings or opinions made by the 4th Circuit have the potential to effect his sentence since he is physically in their jurisdiction while incarcerated? This is about as clear as mud to me right now. :confused:

Imposition of a sentence is a judicial fuction, while execution of a sentence is an executoive branch one.

For someone already incarcerated what/who would be the proper channel to use to request CCC placement prior to the "usual/customary" time? Is this something the inmate could broach in a team meeting? or, is this going to depend on the BOP changing its own policy? Is it logical that persons in camps or low security facilities would be the first ones considered for CCC instead of incarceration?

Wow, wouldn't this be an economic boom for CCC facilities and for the BOP collecting
money from the people assigned to the CCC's! But, where would all the persons reassigned from prison find the required work assignments?!

wjr557

For someone already incarcerated what/who would be the proper channel to use to request CCC placement prior to the "usual/customary" time? Is this something the inmate could broach in a team meeting? or, is this going to depend on the BOP changing its own policy? Is it logical that persons in camps or low security facilities would be the first ones considered for CCC instead of incarceration?

Wow, wouldn't this be an economic boom for CCC facilities and for the BOP collecting
money from the people assigned to the CCC's! But, where would all the persons reassigned from prison find the required work assignments?!

wjr557

Wow! It sounds as though youy've read something into what was said previously or are a victim of a regular rumor.

CCC placement can be broached with the Unit Team. That said, they are limited to a recommendation of 10% of the sentence as pre-release custody or 6 months (whichever is LESS). There are some exceptions for specific programming and in certain Regions and/or Federal Judicial Circuits.

No, they will not empty out the camps. In fact the lower security ther inmate and the shorter the sentence, the shorter the CCC need (usually) in alot of cases.

Is a low/ min SO affender eligible for a half way house?

If you're asking of a Sex Offender (as classified by the Bureau) is elegible for a half-way house, the answer is yes, but only marginally. Because of the classification and (more importantly) the Public Safety Factor applied (in classification), all such inmates aree excluded from camps. Therefore, it is unlikely that any would receive MINIMUM custody.