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Thursday, March 28, 2024 | Back issues
Courthouse News Service Courthouse News Service

Return of Pre-Release Non-Prison Confinement

WASHINGTON (CN) - The U.S. Bureau of Prisons has reintroduced its 2008 regulations on community confinement of inmates to non-prison facilities prior to their release from custody as a proposed rule, after the original regulation was struck down by a federal court.

The U.S. District Court for the District of Oregon had agreed with an inmate plaintiff that the bureau did not have sufficient reason to impose the rule without the advance notice and opportunity to comment on regulations mandated by the Administrative Procedures Act, and suspended its implementation.

The court did not invalidate the substance of the rule and the newly proposed rule by the bureau is identical to the suspended interim rule, which allowed the bureau to place inmates in halfway houses, alcohol and drug rehabilitation centers, and other non-prison environments for a maximum of 12 months to prepare them for reentry into society.

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