DPI Submits Comment on the Department of Justice’s Proposed Rules For CARES Act Home Confinement

July 21, 2022–Due Process Institute was joined in comment by American Civil Liberties Union, Color Of Change, Democracy Forward Foundation, Due Process Institute, Federal Public & Community Defenders, Justice Action Network, The Leadership Conference on Civil and Human Rights, the National Association of Criminal Defense Lawyers, and Tzedek Association to commend DOJ for its ongoing use of its CARES Act authority to permit individuals placed on home confinement during the COVID-19 emergency to remain on home confinement. In addition to the continuation of the Department of Justice’s CARES Act authority, we recommend any potential return to a correctional facility must be consistent with clearly established criteria and procedures that further the purpose of home confinement and comport with due process and for the Bureau of Prisons (BOP) to establish clear criteria and procedures—through notice-and-comment rulemaking—for how it will assess individuals subject to potential return to a federal facility.