July 19, 2021–Due Process Institute joined a coalition representing a broad spectrum of American life to urge President Biden to commute the sentences of people currently living in home confinement through the CARES Act but are under threat of being sent back to federal prison.
Last year, Congress passed the CARES Act which expanded the federal government’s ability to move people from federal prison to serve their sentences at home. These individuals had to meet numerous stringent requirements set by the administration to be allowed to enter home confinement, including that they will not be a risk to public safety. According to publicly available data, less than one percent have violated the terms of their release once transferred to home confinement.
Despite the successes of this program, thousands of people are now in danger of being sent back to federal prison. This is because on January 15, 2021, just five days before President Trump left office, the Justice Department’s Office of Legal Counsel issued a memo declaring that people transferred to home confinement under the CARES Act would be sent back to prison once the national COVID emergency ended.
We urge President Biden to grant clemency now to people under CARES Act home confinement and provide second chances to thousands of people who are already safely out of prison, reintegrating back into society, reconnecting with their loved ones, getting jobs and going back to school.