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| The Halfway House Debate |
| By Meghan Mandeville, News Research Reporter |
| Published: 11/08/2004 |
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The reality of our justice system is that most offenders who spend time behind bars eventually return to society. It's with this in mind that reentry initiatives have sprung up in corrections systems across the country, all with the same intent: to ease inmates' transition back into the free world. Despite this national focus on helping offenders reintegrate into society, a 2002 Department of Justice-initiated policy change stifled some reentry efforts at the federal level by tightening the requirements for placing inmates into community corrections centers to prepare for their transition back into society. In September, a case challenging this issue landed before the First Circuit Court of Appeals, which ruled that Bureau of Prisons has the freedom to transfer inmates to community corrections centers at any point during their sentences. "The BOP has discretionary authority to designate any available penal or correctional facility that meets minimum standards of health and habitability as the place of a prisoner's imprisonment and to transfer a prisoner at any time to such a facility," the court said. "A community corrections center is a correctional facility and, therefore, may serve as a prisoner's place of imprisonment." Since the Sentencing Reform Act of 1984, BOP has sent many federal inmates to community corrections centers to serve the final months of their sentences and to prepare for their journey back into society. In halfway houses, inmates are still under the supervision of BOP, but are able to leave the facilities to work. In some cases, BOP has even placed some low-risk, non-violent offenders with shorter sentences in halfway houses to serve all of their time, based on judicial recommendations and the agency's discretion. In December 2002, the latter practice came to a halt when the U.S. Department of Justice (DOJ) Office of Legal Counsel issued a Memorandum Opinion, which declared it unlawful for BOP to place offenders in community corrections centers to serve all of their sentences. Additionally, it said that BOP can only place offenders in halfway houses to serve the last 10 percent of their sentences or the last six months, whichever is the lesser. When that policy change was implemented, federal inmates in several states filed lawsuits against the DOJ. Challenging Changes "This rule change has been the source of litigation since it was enacted, basically," said Todd Bussert, Co-Chair of the American Bar Association's (ABA) Corrections and Sentencing Committee. In early September, the First Circuit Court of Appeals became the first federal appeals court to rule on the issue, finding that BOP has the discretionary power to place inmates into community corrections centers at any point during their sentences. The case began when Morris Goldings, a Boston, Mass. lawyer, was sentenced in July of 2002 to three years in federal prison for tax fraud. At the time of his sentencing, he was eligible to serve the last six months of his prison term in a community corrections center. When DOJ tightened the eligibility requirements for inmates to be moved to halfway houses at the end of their sentences, the earliest Goldings could be transferred to a community corrections center went from October 7, 2004 to January 7, 2005. Goldings filed a suit against David Winn, the Warden of the Federal Medical Center -Devens in Ayer, Mass., where he is incarcerated and Attorney General John Ashcroft. He alleged that BOP's new policy regarding inmates' eligibility for placement into community corrections centers was an incorrect interpretation of existing statutes. When the district court ruled against Goldings, he appealed to the First Circuit Court of Appeals, which determined that the policy change was, indeed, a skewed interpretation of statute and restored BOP's freedom to place offenders in halfway houses based on judicial sentencing recommendations or as it sees fit. Seeking Public Comment In his complaint, Goldings also said that the DOJ had violated certain requirements of the federal Administrative Procedure Act, which calls for a government agency to provide notice of proposed rule changes and request public comment about them. Since the Goldings case and others challenging the new policy, BOP has published the proposed community confinement rule change for public comment. And, several organizations, like Families Against Mandatory Minimums (FAMM), the National Association of Criminal Defense Lawyers (NACDL) and ABA, have issued comments opposing the move to limit BOP's ability to place inmates into halfway houses. "The American Bar Association's position is that departments of corrections and correctional administrators need a broad array of options to adequately manage the populations they have to oversee," said Bussert. "The Bureau [of Prisons] should not forsake this option that has been used successfully for so many years without some kind of meaningful review." NACDL concurred with ABA in the comment it issued last month. NACDL President Barry Scheck wrote that the "BOP should revert to its pre-December 2002 Community Corrections Center policy." He added that BOP should preserve the opportunity to place prisoners for a portion or all of their sentences into halfway houses "based on that prisoner's individual characteristics [and] any applicable judicial recommendation." The Reentry Perspective "We learned from [focus groups with released prisoners] that one of the biggest challenges of reentry is just navigating life in the free world," said Nancy La Vigne, a Senior Research Associate with the Urban Institute. "They may not know how to use an ATM machine. They may not know how to do a job search through the Internet," she said. "These kinds of challenges can be ameliorated through a gradual transition back into the community and that is what community corrections centers can achieve." According to La Vigne, the ultimate goal of facilitating reentry for offenders is so they will not reoffend and return to the nation's correctional facilities. "I think the reason why so many people are behind programs to improve the success of reentry of released prisoners is because everyone, both liberals and conservatives, have come to realize that it is just smart business to ensure the success of released prisoners rather than to continue to house them," La Vigne said. "Folks get returned to prison at an extremely high rate. It just makes good sense to stop the revolving door and seek ways that we can help ex-prisoner's succeed in the community." With much opposition from legal groups, a federal appeals court ruling against the policy change and the knowledge that community corrections centers are one way of easing the reentry process for offenders, it remains to be seen what the DOJ will do from here. Neither the DOJ or BOP would comment for this article. But, legal experts and reentry advocates alike hope that the rule change will be reversed in coming months. Resources: Goldings v. Winn http://www.ca1.uscourts.gov/pdf.opinions/03-2633-01A.pdf ABA http://www.abanet.org/home.html The Urban Institute http://www.urban.org/ |
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