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As follow-up to the Department of Justice 1/13/22 release (noted in previous FSA update), the Administrative Office of U.S. Courts’ 1/31/22 supplemental memorandum provides clarification of eligibility for home confinement, pre-release and supervised release, and time credits/number of days available with early release criteria. It also notes added resources being made available to manage the process and remarks on the importance of the Courts (and their significant role) determining modified early releases that maintain balance with sentencing risks and community needs. The following from the 1/31/22 Administrative Office of U.S. Courts memorandum:

“Inmates who have earned early release credits equal to or exceeding their remaining prison sentence are eligible to 1) be moved to residential reentry centers, 2) be placed on pre-release home confinement, or 3) commence supervised release” / “Inmates who are categorized as Minimum or Low risk may earn up to 15 days of credits for every 30 days of programming; Inmates categorized as Moderate or High risk may earn up to 10 days of credits for every 30 days of programming.” / “Probation offices across the country are already experiencing significant workload increases… recognizing the need for additional resources to meet these new demands [and] additional funding intended to help Probation offices hire more staff and support costs of reentry-related services.” / “Courts may also experience an increase in requests for modification to terms of supervised release.”

Early Release of Inmates Under the First Step Act / Administrative Office of U.S. Courts (1/31/22)