THE FIRST STEP ACT OF 2018 COMPASSIONATE RELEASE TO HOME CONFINEMENT : A LEARNING GUIDE AND RESEARCH TOOL, POST COVID-19, was written after the Presidential Proclamation Of National Emergency for the COVID-19 Pandemic and examines How The First Step Act Of 2018 Compassionate Release provisions of 18 U.S.C.
Sec. 3582(c)(1)(A) have been successfully used by certain inmates nationally to secure either Compassionate Release (to home confinement) Granted by District Court Judges, or Bureau Of Prisons CCC Transfer to home confinement (during the pendency of filed petitions for Compassionate Release with District Court Judges).
Coronavirus has been deemed by many liberal District Courts as an "extraordinary and compelling reason" warranting Compassionate Release, standing alone.
Jurisdiction of the Court must still be met, as a prerequisite, however, many Courts have bent the Rules during this Emergency, in an effort to HELP inmates as much as possible.
This publication is current as of September 21, 2020 and includes major District Court decisions for Compassionate Release, post March 13, 2020, and also includes a dissertation of Attorney General Barr's March 26, 2020 Directive COVID-19 Home Confinement, April 3, 2020 CARES-Act Memorandum, and more recent "new guidance" received on April 20, 2020.
The Bureau Of Prisons has changed "mandates" progulmated in March-April, 2020, into mere "guidelines", as of April 20, 2020, which is quite a remarkable feat in nineteen days.
Thousands of inmates nationally were pre-qualified by the Bureau Of Prisons for transfer to home confinement in early April, 2020, and actually told that they were going home, only to be told following their 14 day quarantines that they were not being released after all.
This book and instructive tool examines a few possible Bureau Of Prisons Requests that could be filed by an inmate, in order to establish issues for ultimate consideration by a District Court Judge, based upon core First Step Act Of 2018 rules joined together with current COVID-19 caselaw, and an analysis of HOW District Court Judges are both wiggling around jurisdictional shortfalls or construing an Emergency Jurisdiction of sorts, during this Pandemic.
This book would be useful tool for any Attorney trying to secure release or transfer to home confinement for a client, or for an inmate trying to wade through an enormity of recent relevant information, all in an effort to secure their own transfer to home confinement during COVID-19, pursuant to the First Step Act Of 2018 Compassionate Release provisions, and/or other available federal statutory provisions.
This is the most current publication available regarding The First Step Act Of 2018 Compassionate Release post COVID-19 Pandemic, including four (4) possible Bureau Of Prison Request Memoranda that could be filed by putative inmates in their quest to go home.
Please see our other publications available on Amazon, a low cost version of the Federal Sentencing Guidelines 2018 and other First Step Act Of 2018 publications, including Early Release Earned Time Credits Programs and concomitant disparities identified in various First Step Act Programs to date. (c) 2020 Federal Sentencing Alliance www.FederalSentencingAlliance.com
