Elderly Offender Home Detention Pilot Program

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Elderly Offender Home Detention Pilot Program

As a result of the Second Chance Act, the BOP was directed to create the Elderly Offender Home Detention Pilot Program ("EOHDPP"). The BOP is now implementing the temporary, "pilot program" for home detention for elderly federal prisoners who meet several criteria. The BOP is authorized to run the program from October 1, 2008 through September 30, 2010. The BOP estimates the program will allow approximately 80 to 100 elderly prisoners to leave prison early and spend the remainder of their sentences on home detention.

The EOHDPP places inmates on home detention for the entire remainder of their sentence because the BOP Operations Memorandum waives the normal six-month maximum. Prisoners placed on home detention are subject to all the supervision requirements of home confinement, which means that inmates who violate those requirements can be sent back to a prison facility.

Below are the requirements. ALL must be met before an inmate is eligible.

• The inmate is a federal prisoner or a D.C. code felony offender;

• The inmate is at least 65 years old OR will be 65 years old before September 30, 2010;

• The inmate has actually served at least 10 years in prison by the time of home detention;

• The inmate has also actually served at least 75 percent of the sentence imposed by the court ("term of imprisonment," not including good time earned) by the time the inmate would begin home detention;

• The inmate is not serving a life sentence;

• The inmate has never been convicted of a crime of violence, including prior and current offenses that involved firearms;

• The inmate has never been convicted of a sexual offense;

• The inmate has never been convicted of an act of terrorism transcending national boundaries or espionage and censorship; and

• The inmate has never escaped or attempted to escape from a BOP facility, including RRC, home detention, and contract facilities.

Regarding the 10 years or 75% rule, prisoners must serve the greater of the two. Thus, if the inmate has served 10 years but not yet 75 percent of the sentence imposed, he or she must serve 10 years and 75 percent of the sentence. On the other hand, if the inmate has served 75 percent of the sentence imposed, but not yet 10 years, he or she must serve 10 years before becoming eligible.

To be considered for the program, inmates may submit a request to their unit team for an assessment, or the unit team may assess prisoners without a request. Inmates can meet the age requirement as long as they are at least 65 years old at the time of placement on home detention. They may apply and be assessed prior to their 65th birthday. If the inmate is denied home detention, he or she can appeal the decision using the administrative remedy program, as outlined in BOP Program Statement 1330.16.

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